what are my rights as buyer of 2nd hand dog of a car?

blomboy

Hi!
I was the winning bid on a vehicle three weeks ago, it looked good and the ad & guy after speaking to him, sounded very genuine. I traveled to collect 260 miles away. I checked the engine and all seemed fine, it drove fine, I paid & drove her away, halfway down the motorway it started pulling to one side i thought it was just wheel pressure or alignment and was prepared to go with that so didnt think about taking it back, by the time I got back home it was squeaking over every bump, and then it didnt start the next day or the next and then I called the AA and since then the list has been endless!
Anyway too cut along story short
I bought it with 12 months MOT and after one AA callout and 2 visits to a mechanic, first for a recon on the starter motor and a new battery and this last visit the mechanic showed me how rotten it was underneath. Needing new shocks, new ball joint, new brake discs and pads and a leaking rear diff.
I have driven it only 3 times and once was on collection. It cost me £1000 and I cant afford to loose this much cash!

So what are my rights?
The seller as you can imagine is not answering.
and I am pressed with time as I have had it for almost a month now and would like to do the right actions before it reaches 30 days.

In the buyers rights online at adviceguide I have found a few discrepancies with the sale -

In the description at point of sale ( the ebay advert) the car did not match the actual description of the car -
The seller sold the car as a 4X4 on the auction and it clearly was not.

Trade standards state the vehicle must be roadworthy and that the seller must have good 'title' to the vehicle -
The sellers name was not on the V5 log book, so legally he didnt actually have the right to sell it.

The vehicle is unroadworthy -
After just three journeys it has been in the mechanics twice, I can probably get my mechanic to provide a letter to prove that it is in bad state & not roadworthy and that its condition will of been in a very similar state 3 weeks ago when I purchased it.
I can provide the millage to show how little it has traveled since its MOT.

I am actually very suspect as to the validity of the 12 month MOT as well and hope that all these points can support my case. So fellow moneysavingexperts please offer me some next move advice!

thanks
JAY

JPS29

You inspected the car, drove it 260 miles home, have had it a month and now want your money back. I'd say no chance at all.

Hammyman

Not a chance. Caveat Emptor. You had a chance to inspect it before you handed over your money. The seller doesn't have to have his name on the logbook. The V5 is not proof of ownership - merely who the registered keeper is. It even says in big letters on the middle of the front page of the V5 that it is not proof of ownership.

It was a £1000 car. Your list of faults is what I would expect for a £1000 car. £1000 is banger money. If you don't want a car with faults, pay "no faults" money.

The battery, brakes and shock absorbers are wear and tear items with the brakes and battery classed as consumables. A £1000 car is going to have oil leaks.

scheming_gypsy

blomboy wrote: »

In the description at point of sale ( the ebay advert) the car did not match the actual description of the car -
The seller sold the car as a 4X4 on the auction and it clearly was not.

and you probably didn't buy it as a 4x4 so you can't use that one.

blomboy

JPS29 wrote: »

You inspected the car, drove it 260 miles home, have had it a month and now want your money back. I'd say no chance at all.

I have been speaking to the owner via email / ebay's online message system throughout these past three weeks, the emails are all logged. I have been constantly trying to resolve matters, for a week of those three weeks the car was at the garage being fixed. for the first week after driving it home it was not starting and again i was in email cahoots with the owner.

Its only now that this new work has come to light after only my 3rd time driving the vehicle that I just want rid and would not be happy to sell it to anyone else in this state, so therefore will lose out on all the cash I have spent on it.

In adviceguide.gov.uk it says

You will only be able to claim against a private seller for one of the following reasons:

• the vehicle doesn't match the description they gave you
• the seller broke a specific contract term
• the seller was actually a dealer posing as a private seller
• the seller did not have good title to the vehicle
• the vehicle is unroadworthy.

I think I have reason to claim on these grounds and I am going to try all I can to get some of it back, I know the chances are slim, but if any one out there can give me anything constructive other than the 'you had your chance to inspect it mate..' talk I would really appreciate to hear anything helpful to my situation.

cestlavie

not an expert... but other recourse would be to check seller's feedback/form over last year ( may take some detective work as a lot of these car sales accounts are faked, but if you are clever previous sales can be tracked and you can see if this seller is actually a one-off or continuous car-trader out to pull a fast one as a "private seller" ... if the case is the latter. HMRC might be interested..

sequence

Sorry but I can't see that there's anything you can do here.

Oliver14

Hammyman wrote: »

. A £1000 car is going to have oil leaks.

Sorry what a stupid thing to say i've bought msny £1000 and less cars over the years never had one with an oil leak. Second hand car values especially on bigger engine cars have hit the floor for a 1000 you can pick up good cars all without oil leaks.

Oliver14

blomboy wrote: »

I have been speaking to the owner via email / ebay's online message system throughout these past three weeks, the emails are all logged. I have been constantly trying to resolve matters, for a week of those three weeks the car was at the garage being fixed. for the first week after driving it home it was not starting and again i was in email cahoots with the owner.

Its only now that this new work has come to light after only my 3rd time driving the vehicle that I just want rid and would not be happy to sell it to anyone else in this state, so therefore will lose out on all the cash I have spent on it.

In adviceguide.gov.uk it says

You will only be able to claim against a private seller for one of the following reasons:

• the vehicle doesn't match the description they gave you
• the seller broke a specific contract term
• the seller was actually a dealer posing as a private seller
• the seller did not have good title to the vehicle
• the vehicle is unroadworthy.

I think I have reason to claim on these grounds and I am going to try all I can to get some of it back, I know the chances are slim, but if any one out there can give me anything constructive other than the 'you had your chance to inspect it mate..' talk I would really appreciate to hear anything helpful to my situation.

You could try the small claims court but you only really have a chance of winning if the seller misdescribed the car in the ebay listing. You would then need to prove this, (mechanics report of the problem) The thing with small claims even if you do win it doesn't guarantee your money back as if the person refuses to pay it is your responsibility to chase it. You could just end up throwing good money after bad.

personally I would chalk it down to experience and next time get a mechanic to check a car before you buy

JPS29

blomboy wrote: »

In adviceguide.gov.uk it says

You will only be able to claim against a private seller for one of the following reasons:

• the vehicle doesn't match the description they gave you It must have matched the description or you wouldnt have handed over the cash and drove it away
  
• the seller broke a specific contract term Unless he offered you a warranty I can't see how he has broken any terms
  
• the seller was actually a dealer posing as a private sellerDid he specifically state he was a private seller, dis you pick up at the time the log book wasn't in his name(not that it matters anyway as this just shows the RK not the owner)
  
• the seller did not have good title to the vehicle(log book doesn't prove good title, as long as it was hpi clear and he paid for/owned it legally again he has done nothing wrong here
  
• the vehicle is unroadworthy.The vehicle NOW maybe unroadworthy but by your own admission for the first 130 miles was roadworthy, you checked the engine, it drove fine. The seller could easily argue you hit a pothole/kerb causing the pulling to one side, damaged shocks etc.
  

I think I have reason to claim on these grounds and I am going to try all I can to get some of it back, I know the chances are slim, .

Chances aren't slim, they're non existant. Not trying to have a go at you but next time instead of phoning the AA after you've bought the car they can actually inspect the car before you purchase it, believe me they are quite thorough, I encourage my customers to have the aa inspect any vehicles I have for sale.

Oliver14

JPS29 wrote: »

Chances aren't slim, they're non existant. Not trying to have a go at you but next time instead of phoning the AA after you've bought the car they can actually inspect the car before you purchase it, believe me they are quite thorough, I encourage my customers to have the aa inspect any vehicles I have for sale.

Other motoring organisations are available . Totally agree the chances of winning are pretty low.