What are my rights when buying a car from a dealer posing as a private seller?

motorguy

Joe_Horner wrote: »

As UCM says, VAT man, then Tax man and Trading Standards unless he refunds in full.

Once you have the money, report him to all three anyway - traders have to make a living and, as others will say (reaonably), at that price you can't expect perfection. But things like doors flying open make the car unroadworthy, and selling an unroadworthy car is an offence in itself - having a current MOT isn't a defence on that one btw.

A trader is required by law to actively point faults out to you, not hope you don't notice them (no matter how obvious they might or "should" be). If they can't handle that (and lots manage to) then they should find a new profession.

Low life like this will rarely feel threatened by someone saying they're going to report them to the tax man - certainly not to the extent of suddenly issueing a full refund - they're much thicker skinned than that.

They get away with it as they know the odds of someone dragging them to court is very very slim for such a relatively small amount of money.

motorguy

Linus2864 wrote: »

Trading Standards will be your first step as it is illegal for a trader to pose as a private seller:

http://www.adviceguide.org.uk/england/consumer_e/consumer_cars_and_other_vehicles_e/cars_buying_a_car_e/cars_buying_a_secondhand_car_e/cars_what_to_watch_out_for_when_buying_a_second_hand_car_e/buying_a_car_from_a_private_seller_what_you_need_to_know.htm

"Sometimes dealers pose as a private seller to avoid their legal obligations and to dispose of faulty or over-priced cars. It is illegal for a car dealer to pretend to be a private seller"

Hope this helps

I think thats all the O/P can do really - report them to trading standards.

It wont get their money back though. Legally they'll have to try to reject the car which could be tricky, given its age, price and how long it could be strung out for.

mattyprice4004

surely it's not just me that thinks complaining about a damaged fog light on a £650 old Fiat is a bit daft?

you had the opportunity to inspect, you should have checked the car out before handing cash over.

steve-L

What do you mean 'told him'?
Was this in writing or oral?

Long shot as it is for a sub 1000 car after 3 months if you formally rejected the car in writing you might have a shot at rejecting it apart from you continued to use it.

However, posing as a private seller is illegal. He may also have a 'legit' business and be posing as a private seller just for the wrecks?

1st stop as others have said is trading standards.

hethmar

Get on to trading standards immediately. There are very strict rules about pretending to be a private seller when you are a trader.

My son bought a scooter from ebay a few years back and it packed up after a few weeks. Seller not interested and then we found he was selling a number of scooters on ebay. Cut a long story short, trading standards got on to him and the purchase price was returned in full to son.

in_my_bumble_opinion

pgilc1 wrote: »

Firstly, you wont be able to claim the price of the car tax back. Every car needs taxed and you could claim back any remaining months from the DVLNI if he takes the car back.

So thats you back to £650.

Its a tough one.

If you stick it on ebay and list the faults it will probably make £300-400.

Whilst £250 is a bitter pill, it could be far less painful than trying to chase a no hoper like this through the court system

The poster above is right.

You had a bad experience, but you will be able to sell it on gumtree or ebay (with the faults) for £300+ easily.

Buy an old Toyota or Honda next time....much more reliable.

[Deleted User]

Thanks every one for your replies. Firstly if it had just been the fog light then yes I agree it would be silly complaining but there were many more problems. That was just an example of one of the problems.

I have not continued driving it, apart from driving it home I have used it just twice in a emergency to get to hospital appointments. And once on Thursday as was taking it to garage for mot and was going to cut my loses a get problems fixed. Thats when gear box went. It has been sitting on my drive the rest of the time whilst i have tried to contact seller to complain.

I thought about selling it and cutting my loses but

With the gear box broken plus all other problems there is no way it will sell for £300 +. I'll be lucky to get £50.

I told the seller that I did not want car and wanted to return it for full refund both orally and in writing via email and letter. I have a copy of email and letter that I sent.

I had a look at sellers Id this morning and he has sold 6 more cars in the last 1 1/2 months. Using a private ebay account not a business account. Prices ranging from £450 - £850. He is currently got another car listed for sale at £1200.

Another strange thing the ebay account he is using is in a different name and address to the sellers name and address that he gave me and that were on paperwork. I'm guessing he is using a friends or another family members ebay account. Addresses are different but near by.

I purchased car on 10th October so have had car 9 weeks and 3 days. No where near 3 months .

I don't know if the above information helps . I will contact trading standards on Monday morning.

Any more advice would be much appreciated

Thanks in advance

hethmar

Do you have a copy of the original advert on ebay

Take copies of all the ones he has on there now too for trading standards.

spacey2012

I doubt you will get your money back, all you might succeed in doing is making some trouble.
Fiats are sheds when brand new, let alone an old one.
Sounds like you got £650 worth of car.

[Deleted User]

eBay is full of crooks mis-selling sheds week in week out under a private seller account. Very few cars in the low end banger money are actually for sale by genuine private sellers.