Help complaining to private seller

Knitta

My dad just bought an old vw polo from a guy who advertised it on Gumtree.
The first thing that rang bells was that the service history was under a different registration number, but we didn't realize this until the next day, then two days after buying it the car started stalling at every stop. My dad tried to ring the guy several times, but the guy didn't answer.
We have a garage appointment for next Wednesday and aren't moving the car till then.
I rang the seller yesterday to check about the service history. He said that he didn't even know the car had a service history until when he went to sell it. The line died in the middle of our conversation, I then texted, to which he replied that he couldn't talk, but then texted again with an answer to my questions. He also said that he had sold the car 'under trade terms'. I didn't know what this meant so went to check online, and also to check that his ad had stated that in it. He had already deleted the ad, so I emailed gumtree to see if they could retrieve it (we had the id number of the ad).
My dad not being from here might not have had realized that that was an unusual term and that probably meant something that needed checking.
Gumtree sent the original ad, and it didn't specify anything like that, no 'sold as seen' nor similar.
I believe he misrepresented the car in the ad, saying that it's in great condition when it obviously isn't, and then adding a clause after the sell took place, which wasn't stated in the ad. I fear the car will come back with a thousand things bad with it. The guy is trying to hide something:
1. he didn't answer my dad calls in the first two days
2. when I asked him his name on the phone he told me a name, then when he texted he signed with another
3. the service history book is for another car, which he might have not realized, but I'd prefer No service history to a service history book that isn't the car's.

Friends have said that he shouldn't get away with this, but we have no idea how to proceed. We can't take him to court, the car is worth only £640, and my dad has no money, I can't find a letter template in citizens advice and don't know what we can do. We have his business address, which seems to be his home address as well, but no name for him.

Anyone knows what we could do?

UnderPressure

Caveat Emptor........

ilikewatch

All private sales are "sold as seen" and you have no comeback unless you can demonstrate the the seller deliberately deceived you (e.g. If you specifically asked if the vehicle had ever been written off, the seller said no, but later you could prove that seller had known the car had been written off). The fact the seller said the car was in great condition is completely subjective - he may well feel that it is considering age/mileage.

worried_jim

Knitta wrote: »

Anyone knows what we could do?

Repair it.
Drive it.
Sell it.
Scrap it.

It's a private sale so buyer beware applies. Of course the seller may offer to repair it or give you a refund but he is under no legal obligation to do so, so very unlikely. Chalk this one up as experience.

cootuk

"under trade terms" could mean he is a dealer, in which case you could open a small claims against him - if you can find his real name and address.
I guess it's someone trying to sell cars from home thinking that they don't have to offer a warranty if they sell only to trade.
You wouldn't expect a £600 car to be perfect, but should be driveable.

JustinR1979

I wouldn't expect service history on a £640 car!

ilikewatch

cootuk wrote: »

"under trade terms" could mean he is a dealer, in which case you could open a small claims against him - if you can find his real name and address.
I guess it's someone trying to sell cars from home thinking that they don't have to offer a warranty if they sell only to trade.

It would be worth googling his phone number to establish if there is evidence of him regularly selling cars, this COULD point to him being a dealer.

ilikewatch

JustinR1979 wrote: »

I wouldn't expect service history on a £640 car!

I would if it was advertised as having one - my current car only cost £500 but I I wouldn't have considered buying it without a full service history.

JustinR1979

ilikewatch wrote: »

I would if it was advertised as having one - my current car only cost £500 but I I wouldn't have considered buying it without a full service history.

If it was important to you you would check it was in order before handing over your cash.

force_ten

if it is a private sale then you don't really have much comeback at all

Private sales

When you buy a used vehicle from a private individual, you don't have the same rights as you do when buying from a trader. The legal principle of caveat emptor, or 'buyer beware' operates. You do not have a legal right to expect that the vehicle is of satisfactory quality or fit for its purpose, but there is a legal requirement that it should be 'as described'. For example, if an advertisement says 'low mileage, one previous owner', it must be correct. You should check the vehicle thoroughly before you buy it.

if the guy is truly a private seller then you may be struggling to get any comeback unless the car is not as described, ie if the advert says full service history and this is not the case

if you can prove that he is a trader then you may have some protection but you will have a fight on your hands

where did you buy the car from did you go to the sellers house or did you buy it from elsewhere?

ilikewatch

JustinR1979 wrote: »

If it was important to you you would check it was in order before handing over your cash.

Yes, though it might be easy to overlook that there was a different VRM recorded (though this could just be because the registration had been changed during the cars life).