Chargeback

AllNancy

Hi,
Not sure if I'm in the right place but here goes. I bought a car on e-bay from a private seller on the 27th. March. It was described as, 'some spots of rust but no problems that I know of.'
I paid a cash deposit and the rest using debit card and Pay-pal.
Don't use the account as it was hacked.On Tuesday I had it MOT'd early just to be safe and it was classified as DANGEROUS and also the emissions were through the roof.

I contacted Pay-pal but as usual cars aren't included. However he did suggest I use Chargeback which I had never heard of.

Any thoughts or advice would be gratefully received. I am a pensioner and cannot afford to lose this money.

Thanks

Nancy

InsideInsurance

Have you actually contacted the vendor yet?

What elements did it fail on?

wealdroam

Read all about chargeback here:

http://www.moneysavingexpert.com/shopping/visa-mastercard-chargeback

bris

You don't have any comebacks with a private sale, the time to do your due diligence is before you buy it not after.

Although the sale must match the description it looks like he covered his bases by saying no problems HE knows about meaning there is no basis for a charge back.

shaun_from_Africa

It might be worth checking the previous MOT history for the vehicle. You can do it here:
https://www.gov.uk/check-mot-history-vehicle

If it shows an advisory on the last MOT stating anything about excessive rusting then you may have a case for a chargeback as you would be able to show that the seller was aware of something that was more serious than "some spots of rust"

AllNancy

Many thanks for your replies. Sorry for delay, have been away. Contacted vendor and awaiting reply. Failed on emissions big time. Nearside wheel bearing classified as dangerous. Advised NOT to drive.
I don't think a mechanic would have spotted these without the right equipment. Last MOT absolutely no problems. So either my garage is doing its job or theirs wasn't! Car had full service in September. Can't believe that all the problems started after that. Something just doesn't feel right. So I've paid for an MOT. Paid for insurance and I can't drive the damned car. Grrh!

InsideInsurance

Or your garage is taking the p!ss

Had advisories on my rear tyres for 2 years, just before my 3rd MOT on the car I decided it was probably time to change them to avoid a fail and their high cost of replacement. The fitter via BlackCircles however said they were still fine and probably had another 5,000 miles (6 months) in them despite it being 3 years on from the garage saying they were barely legal.

Buying from a private seller is a case of buyer beware. You say a mechanic wouldnt have spotted the problems and so it isnt reasonable to think the seller would have unless you are alleging fraud by the previous MOT centre.

With my Saxo it would always fail emissions tests but learnt that and just put some of the cleaner in the fuel a week or so before and it passed every year after that.

arcon5

You used PayPal so a chargeback is not even applicable. Since there is no direct link between debit card and seller. One of the flaws of using paypal

Hintza

AllNancy wrote: »

I don't think a mechanic would have spotted these without the right equipment.

This statement says it all. You say the faults wouldn't be noticed without the right equipment but you expect the seller to know?

AllNancy

Have just spoken to the mechanic (they are a reputable garage) and sorting out the emissions could be an expensive job so unless I get my money back which I doubt then the car will be scrapped.

And yes HINTZA I would. Selling a car with minor faults is one thing. Selling a car that is dangerous is quite another. I've sold cars in the past and ALWAYS had them checked out by a garage first.


Nancy

Ectophile

AllNancy wrote: »

Have just spoken to the mechanic (they are a reputable garage) and sorting out the emissions could be an expensive job so unless I get my money back which I doubt then the car will be scrapped.

And yes HINTZA I would. Selling a car with minor faults is one thing. Selling a car that is dangerous is quite another. I've sold cars in the past and ALWAYS had them checked out by a garage first.


Nancy

You may have cars checked out before selling them, but most people wouldn't - including me.

Private car sales are caveat emptor - let the buyer beware. Unless the seller is actually dishonest, you have no come-back at all. the moment you pay the money and take it away, it's your problem, not the seller's. Your only hope of a refund is if you can show that the seller deliberately withheld something important from you.

As a seller, the best tactic is just to honestly describe what you know about the car, but don't go looking for problems that you will then have to disclose to the buyer.