Any of advice for me?

sar050680

Hi all and good morning, I am considering taking the seller of a car (private) I bought two weeks ago to the small claims court.

First of all, I don't think I have a leg to stand on but here goes;

Jan 24, I paid £1000 for a 97 R reg BMW, I test drove the car, looked under the bonnet and it seemed in good working order imo. I liked the car and had made my mind up before I knew it the deal was done and I was driving it home, no receipt, no documents, just a big smile right across my stupid face.

The seller told me they had over filled the coolant but the car had no problems. I got the car home and later noticed a water leak, so topped it up and it seemed fine. I did however notice the heaters would never warm up tidy and over the next few days it was still losing water, so I took it to a garage. They said could be head gasket, so I went to 2 more garages for advice and after tests all 3 had come back with head gasket failure. Clearly, to me, this was the case when I bought the car.

On Tuesday of this week I spoke to the seller and asked for my money back, they said no (obviously), but they did say for me to get a price to fix it and phone back, which I have. £450, car went in Wednesday and I am collecting today.

Thursday I left a message for the seller asking for a contribution towards payment, giving them until Monday before I start a small claims case. I haven't heard nothing.

Last of all, everything we have done has been verbal so its my word against theirs. She claims to be a Magistrate whilst I was a naughty boy in my younger days.:A

Without the earache, I have had enough of that off 'her indoors', shall I try the small claims or shall I play the cards I'm dealt.

Sorry for going on.

Paul.

Anihilator

sar050680 wrote: »

Hi all and good morning, I am considering taking the seller of a car (private) I bought two weeks ago to the small claims court.

First of all, I don't think I have a leg to stand on but here goes;

, shall I try the small claims or shall I play the cards I'm dealt.



Paul.

You answer your own question. Unless this person substantially misrepresented the car then its a waste of time.

To have any chance you would have to show they knew about the gasket and deliberately lied about it.

Not a hope in hell.

KellyGT

They obviously knew about the problem with the overfilled coolant comment but proving it is going to be a hard matter. Did this not set alarm bells off in your head? It would have made me run a mile from the car. Sorry to hear you have had this done to you it happens all too often doesn't look promising though

Oopsadaisy

Your first question to yiourself should be.....Even if I had a 100% guarantee of winning, would I be able to get the money from the person??

Do they own the house they live in? If so you've got a better chance than someone renting a room in a doss house.

If they have no [easily identifiable] assets, then even if you won and then paid extra court fees to send in the bailiffs you might still not get anything back.

So unless you believe you can get the money from them, your chances of winning matter not one jot.

So speaks the voice of personal experience....lol

sar050680

Thanks guys, just needed a push in the right direction.

Kelly>>>Alarm bells.

I cant believe what I've done myself, should have known better.

4743hudsonj

IF it had HGF then when you took it for a test drive it should have either been jerky or over heating despite the coolant. You would have also noticed the fast draining coolant and any mayo in the oil and or coolant. especially after a test drive. Maybe it was just pure coincidence and bad luck on your behalf? as others have said, you havnt a leg to stand on.

Butlers1982

no of advice from me. . . . .

jimkenyon

4743hudsonj wrote: »

IF it had HGF then when you took it for a test drive it should have either been jerky or over heating despite the coolant. You would have also noticed the fast draining coolant and any mayo in the oil and or coolant. especially after a test drive. Maybe it was just pure coincidence and bad luck on your behalf? as others have said, you havnt a leg to stand on.

Plus the engine exhaust would probably not have been clear.

4743hudsonj

jimkenyon wrote: »

Plus the engine exhaust would probably not have been clear.

yep, looks like buyer beware has left the op short.

gordikin

Butlers1982 wrote: »

no of advice from me. . . . .

....Alcohol?...been there!