Dealer sold an unroadworthy car

markfj

Hi,

A few questions please

My sister bought a car she found on ebay, though didn't purchase it through ebay itself, as she went to see/test drive etc and paid cash and got a part exchange for her old car.

To cut a long story short, shes had the car for about 1 week or so and had issues with it from a couple of days of owning it. Originally they told her it needed a new battery, but that was it and other than that it was fine.

She had installed, but then after a day or so, an error message would appear on the dashboard, it would take several attempts for the car to power up etc and most recently, the car would lose power while driving and randomly accelerate too.

She took it to a garage, and basically the garage have said its not roadworthy and has put everything down in writing on a report for her. She had to pick the car up, from the garage and it was supposed to be a 10 mile trip home, but the car was losing power/accelerating randomly, she bought to my house which was much closer to the garage.

My questions on her legal rights, as she bought from a dealer, rather than private seller.

1. She should get a refund for the car itself

2.She put a new battery in costing £70, she should be entitled to this back?

3. The mechanic looked over it for hours, and charged her accordingly, can she claim this money back too?

4. She part exchanged her vehicle for 200, am I right in thinking she should claim that back too?

5. The car was bought a 1.5 hr drive away, and now been told the vehicle is not roadworthy and dangerous, is it reasonable for us to insist the dealer either, collects the car at their expense or pays for transportation on the vehicle. My sister shouldn't have to pay for it in any way to get back to them?

shes getting in touch with trading standards tomorrow morning, but Id like any views on here too if possible

many thanks :beer:

NotRichAtAll

I am going to guess she was happy with it when she saw it and took it for a test drive, did it come with mot or warranty? Unfortunately i think she will have a fight on her hands.
hope she get's it sorted.

markfj

NotRichAtAll wrote: »

I am going to guess she was happy with it when she saw it and took it for a test drive, did it come with mot or warranty? Unfortunately i think she will have a fight on her hands.
hope she get's it sorted.

Hi

Yes she was happy with it when she saw/test drove it, it came with an MOT unsure about warranty Ill try find out.

Thanks, I thought, as a dealer though car had to be fit for purpose, and this isn't. I understand its different private sales, but I could be wrong, most people seem to think they are liable.

hollydays

If she had not tried to avoid the ebay fees she may have had some protection-greed,

lovinituk

hollydays wrote: »

If she had not tried to avoid the ebay fees she may have had some protection-greed,

How's that? Buyers don't pay any eBay fees. And it's doubtful a trader would have accepted PayPal. No come back on eBay for cash purchases.

markfj

Hollydays , She didn't buy on ebay itself for the simple reason that she wanted to see the car before actually committing to buy, which isn't uncommon. Nothing to don with fees or "greed"

If you're going to add something to the post can it please be relevant and constructive.

hollydays

lovinituk wrote: »

How's that? Buyers don't pay any eBay fees. And it's doubtful a trader would have accepted PayPal. No come back on eBay for cash purchases.

Buyers likely pay less if seller doesn't pay ebay fees. No come back on eBay if you don't make the purchase initially through eBay- she could still have paid cash. She'd have had the lever of leaving bad feedback to get a refund.

hollydays

markfj wrote: »

Hollydays , She didn't buy on ebay itself for the simple reason that she wanted to see the car before actually committing to buy, which isn't uncommon. Nothing to don with fees or "greed"

If you're going to add something to the post can it please be relevant and constructive.

If she'd viewed the car and purchased on ebay though she still could have pressured him to refund or leave him bad feedback.

visidigi

What was it listed as? How much was it? Was the system reset when the battery replaced? Is it the right battery for the model? What age is the car, what mileage is it? etc etc etc.

markfj

I'll try and get all these answers to your questions soon,

The car was £2700,

The listing itself was as followsCitroen C4 Picasso 7 VTR+ Automatic

1997cc Petrol

Only 1 registered owner from new!

7 seater MPV

MOT - 17th January 2017 with no advisories

3 stamps of service history last done on 01/06/2012 @ 47179miles now showing 75'000

Electric Windows

Remote Locking - key fob buttons worn

Alloy Wheels - some scuffs & marks

CD/Radio

Very clean inside & out a credit to the owner

some slight scratches on drivers side pictured

You are more than welcome to view/test drive prior to bidding just email

Car runs & drives as it should, any inspection welcome

Check out ALL my feedback selling cars & caravans and please note that advisories on an MOT does not make a car unroadworthy

TERMS

£100 Paypal balance with the remainder of the balance cash or instant bank transfer on collection

NO Paypal for full payment unless you agree to pay the fees

Collection within 3 days unless agreed otherwise

Any Q's email or call

Thanks for looking & if your making and offer Good Luck!



I'm not accusing seller of anything it may well be one of those things but was under impression as it's not working it maybe not fit for purpose under the consumers act. But I coukd be wrong

markfj

hollydays wrote: »

If she'd viewed the car and purchased on ebay though she still could have pressured him to refund or leave him bad feedback.

Yes I do agree with that. Though almost 3k I'm not sure it would have mattered to the seller