Help please re Rover 75 purchased 2 weeks ago !!

skipetyflip

Hi all ...Im a newbie & have just stumbled upon this site!! Hope someone can help me Okay here goes ....
2 weeks ago I purchased a car that I had seen on ebay (but didnt go through the ebay channel)..The guy who I purchased off told me he buys in a car keeps it for a year then sells it on (to get a years free motoring) - Before purchasing the car I took it along with the seller to a garage to give it the once over and everything seemd sound - It is a rover 75 - Now yesterday I rec'd the V5 back from trhe DVLA showing that infact the guy on ebay purchased the car in Feb 2009 had the clutch master cylinder replaced on 3rd March then sold it to me on 30th March - So he'd had it a month - Alongside that the car is now un drivable as theres a prob getting it into gear - garage think it could either be the clutch master cylinder (again in 1 month??) orrr the slave driver?? No warranty given with the car BUT now find out that the chap who I bought it off is buying in cars then selling them on ebay therefore is not a private seller .....Do I have any leg to stand on ( I doubt it but just worth a try ) with regards my money back or am I just well and truley stumped - Thankyou all for any replies ....

Lemonade_Pockets

You need to find out if he is a registered trader.

If he is threaten to take him to court either under Misrep or SOGA. This should probably be enough to persuade him to give you your money back. You would probably win in court if it came to it but obviously take some proper advice before going that far. If you have a good solicitor it might be worth getting them to write a strongly worded letter to this effect!

Or if it is a private individual you can still do the same but you are less likely to win in court and therefore the seller is less likely to roll over.

Basically civil claims are decided on the balance of probabilities, i.e who the judge believes (not beyond reasonable doubt as in criminal cases). If its consumer vs retailer then this normally swings in the consumer favour. Private individual vs Private individual it is basically your word against his, so its anyones guess.

n.b. I'm not legally trained, but from experience in the trade this is the route i personally would take. A quick google will give you more info about SOGA or Misrepresentation.

Hintza

I agree with above, it will rest on whether the guy can reasonably be called a trader. If so you do have some come back, if he is deemed a private seller then the problem is yours.

You will need to start gathering information o0n how many sales he has made and d o reserach into how manyn are needed for hom to be a defacto trader.

Brooker_Dave

skipetyflip wrote: »

Hi all ...Im a newbie & have just stumbled upon this site!! Hope someone can help me Okay here goes ....
2 weeks ago I purchased a car that I had seen on ebay (but didnt go through the ebay channel)..The guy who I purchased off told me he buys in a car keeps it for a year then sells it on (to get a years free motoring) - Before purchasing the car I took it along with the seller to a garage to give it the once over and everything seemd sound - It is a rover 75 - Now yesterday I rec'd the V5 back from trhe DVLA showing that infact the guy on ebay purchased the car in Feb 2009 had the clutch master cylinder replaced on 3rd March then sold it to me on 30th March - So he'd had it a month - Alongside that the car is now un drivable as theres a prob getting it into gear - garage think it could either be the clutch master cylinder (again in 1 month??) orrr the slave driver?? No warranty given with the car BUT now find out that the chap who I bought it off is buying in cars then selling them on ebay therefore is not a private seller .....Do I have any leg to stand on ( I doubt it but just worth a try ) with regards my money back or am I just well and truley stumped - Thankyou all for any replies ....

Have you asked him to fix the problem?

ariba10

You say the V5 shows he replaced the master cylinder on 3rd March??

dobbie82

If he replaced the master cylinder, it would make the seals in the slave cylinder the "weak point" in the system and I have found (admittedly not in a rover) that if you replace one, the other goes shortly afterwards!

You could always give him a ring and see what he says, maybe he'd be willing to take the car back? as he could always get it fixed and resell for a higher price?

skipetyflip

Thanks to all of the above - The garage have contacted him on my behalf and basically he does not want to know -
Ariba 10 no the V5 shows he purchased the car on 21st Feb & a receipt for the master cylinder is dated 4th March

LinasPilibaitisisbatman

Maybe you should have done your research like Dobbie82 then you would have known the slave cylinder would likely go soon and incorporated this into your price.

Pssst

My car has a cable clutch

Inactive

Pssst wrote: »

My car has a cable clutch

My car doesn't have a clutch.:p

WottaRotta

LinasPilibaitisisbatman wrote: »

Maybe you should have done your research like Dobbie82 then you would have known the slave cylinder would likely go soon and incorporated this into your price.

That's a bit harsh or may be your reply looks a bit harsh in print.
Skipety appears to have done the right thing by having the car examined by a garage but are we all experts in hydraullics, particularly those hidden away with no visible sign of leaks?