Seller didnt disclose engine light on

motorguy

Dan-Dan wrote: »

Anyway , lesson learnt , i should know better

So you're just going to let him get away with it, and pay the £1700? :eek:

motorguy

Dan-Dan wrote: »

Im still stuck though because even if he is a trader, hes not going to admit it to me

He doesnt have to - you've proof of mutliple adverts. Thats all you need.

I wouldnt even challenge him about his other adverts as you'll alert him to what you've found and simply get another phone number and a new Ebay ID.

I'd just be taking screen shots of every advert and googling his phone numbers to see what else he is selling elsewhere.

Tell him by text that the car has a serious fault and ask him is he prepared to give you a full refund or pay for the repair. Once he declines either - which he will - then you've further evidence against him.

Get the repairs done then submit a claim via moneyclaim online against him

Joe_Horner

Dan-Dan wrote: »

I know but as i bought it via ebay classifiedsi dont think that helps?

Him being a trader (3 cars in a week or two certainly looks that way) because, amongst others, there's a relevant fundamental difference between traders and private sellers:

• Traders are legally obliged to draw significant faults to your attention whether asked or not.
  
• Private sellers are only required to answer honestly if you ask about that specific fault.

So, if he's a private seller and you didn't happen to ask if the EML comes on, he's done nothing legally wrong by not telling you. If he's a trader then he has.

Dan-Dan

motorguy wrote: »

So you're just going to let him get away with it, and pay the £1700? :eek:

Have screenshot his other sales , have tried to contact him , no reply , my only recourse is small claims , even then costs coild mount enforcingany judgement

I could contact him by post saying i believe he's a trader and rejecting the car but hes 400 miles away so could be problematic

Not sure what to do

Joe_Horner

motorguy wrote: »

If hes a trader masquerading as a private seller, then hes still a trader.

Keep screen shots of any advert he puts up as it will strengthen your case.

In fact, he's a trader who's already breaking the law simply by that act of hiding his trade status from buyers - even if the cars he's selling are excellent AND he's declaring his income from it.

motorguy

Dan-Dan wrote: »

Have screenshot his other sales , have tried to contact him , no reply , my only recourse is small claims , even then costs coild mount enforcingany judgement

I could contact him by post saying i believe he's a trader and rejecting the car but hes 400 miles away so could be problematic

Not sure what to do

Look up moneyclaim online. There is very little for you to do other than submit the claim.

Theres no costs involved worth talking about.

Oh, and ring him from a different number and note down the details of the call and what he says.

I wouldnt be writing a letter and i wouldnt be accusing him of being a trader. It will simply alert him.

I'd also ring trading standards and alert them to what hes doing.

motorguy

Joe_Horner wrote: »

In fact, he's a trader who's already breaking the law simply by that act of hiding his trade status from buyers - even if the cars he's selling are excellent AND he's declaring his income from it.

Exactly. Courts hate that.

Its almost a home run having that evidence. That alone would probably swing it in the O/Ps favour

Dan-Dan

So i need to tell him i reject the car or expect him to fix the fault, then go from there?

Joe_Horner

motorguy wrote: »

Exactly. Courts hate that.

And rightly so.

These aren't guys valiantly trying to eke out a living in a difficult market, they're well aware of what they should be doing and intentionally trying to avoid the responsibilities involved.

By doing so they make life a lot harder for the ones who really are trying to do it right by competing unfairly and, over time, causing consumer legislation to move ever further away from common sense.

They then continue to wriggle around the harsher rules, which affect the good guys and make it harder still for them.

motorguy

Dan-Dan wrote: »

So i need to tell him i reject the car or expect him to fix the fault, then go from there?

No, you need to tell him you want a full refund or you expect him to pay for the repair.