Help Please.Huge Repair Bill 5 days after buying car

mrsovertone

Hi-Really hope someone can help me as i really dont know what my rights are.
We bought a car from a trader/dealer on ebay last week.Collected it Saturday.We paid a deposit via bank transfer last tuesday and the remaining balance via cash on collection (£3500 altogether + 12 months tax).Its a 57 reg car.
When we collected the car we noticed a slight vibration on acceleration and pulled into the nearest garage for fuel and rang the guy to express our concerns.He said he was sure it was fine and it had been stood for a bit and is probably that and will be ok after a good run.Weve never had a diesel before so didnt think much more of it and drove it home.(150miles).Car has been parked up since we got it back due to heavy snow.I took it out yesterday for the first time and the judder was awful..took it into local garage and today theyve rung me to say it needs £1000-£1300 worth of repairs..totally devastated as we now have no car at all.
My friend said we have rights as distance selling regulations kick in with it but im wondering if its different because it was won on auction even though hes a trader/dealer.His feedback is brilliant and he still has cars listed.I havent contacted him yet as trying to find out where i stand before i do.We went to our max budget to buy the car as it was listed as perfect mechanical order etc.and we certainly dont have the money to pay for a repair of that amount.
any help would be very much appreciated:(

s_b

send it back on a trailer with you riding shotgun and tell him you want your money back
sounds like the dmf is shot and he would have known this

InsideInsurance

It is always best in the first instance to have a mature sensible discussion with the person you bought it from. Going in hard with legal facts and rights etc tends to get peoples backs up and makes them what to fight more.

Personally, give them a call, if they have all that feedback thats positive either they've been lucky or they are a genuinely reasonable trader. If you arent happy with what they say then come back and report then

verityboo

what has the garage said is wrong with it?

mrsovertone

They've said it needs a new dual mass flywheel & clutch.
Going to contact him politely via email -(maybe better if i have things in writing?) and see if he responds.I do have a mobile number but i know i'll get upset and not handle it very well.

Alfrescodave

I would suggest that you follow up (tomorrow) the email with a phone call and politely enquire as to when he would like the car returned for repair. He has to be given the option of rectifying the problem.

As he is a dealer was there any mention of a guarantee period?

longwalks1

I know what I'd do and it'd involve one last phone call, then a trip back there one foggy night about 2am

pinkshoes

It was described as excellent mechanical working order, and it clearly isn't!

Give him the chance to carry out the repairs himself. I'd also expect him to pay for the tow truck to get it back to him, and a hire car in the mean time. Alternatively, I'd insist on a full refund.

What car was it? A friend's Seat needing the DMF replacing when it was only 4 years old!

mrsovertone

pinkshoes wrote: »

It was described as excellent mechanical working order, and it clearly isn't!

Give him the chance to carry out the repairs himself. I'd also expect him to pay for the tow truck to get it back to him, and a hire car in the mean time. Alternatively, I'd insist on a full refund.

What car was it? A friend's Seat needing the DMF replacing when it was only 4 years old!

Its a Ford Focus with 80K on the clock .

mo786uk

Distance Selling Regs do not apply to auctions but they do apply to 'Buy it now' fixed priced 'auctions' - which is basically the same as a shop price.

However, it depends on how the contract was worded, as you did have some face to face contact.

Your main rights are under the Sale of Goods Act for faulty goods anyway.

mrsovertone

Just had a reply from the sellers business partner,saying he is handling things at the moment but the other guy is very ill in hospital at the moment and will attempt to discuss it with him tomorrow as he is unsure which focus it is.

Do i leave it until later tomorrow now do you think and give him chance to reply.?
How would i enforce the sale of good act if need be?solicitor?small claims court.really dont know what i would need to do next.