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Bought a lemon from private seller!

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  • Marktheshark
    Marktheshark Posts: 5,841 Forumite
    Seventh Anniversary 1,000 Posts Combo Breaker
    Clutches can fail at any time and if it is a DMF clutch they either work or not, there is no quick bodge to sell it on.
    You can also beggar one up very quickly if you are not aware of how they work.

    On the power steering, it only fails the MOT if it has a leak.
    Corrosion is part of owning any car.

    On the MOT you can request a vosa inspection, which will cancel the MOT if it does not pass a re-check and you will need to trailer the car out of the VOSA yard to get it fixed and obtain a new MOT.

    That and VW have this reputation of ultra reliable cars, now you own one, you better get ready for a shock.
    I do Contracts, all day every day.
  • foxy-stoat
    foxy-stoat Posts: 6,879 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper
    I got it to a mechanic today who said that it needed a new clutch and power steering rack and from what he could see, major faults with both these systems had been covered up in order for it to pass an MoT and be sold. He described the power steering situation in particular as dangerous and a long-term issue caused by pipe corrosion. I've to take it in early next week for a diagnostic and costings etc.


    Don't think you can "cover up" a rattley clutch/dmf - and covering up a power steering leak would be to top up the fluid.


    How much to fix the power steering pipe, £100?


    The clutch on a £1000 car sold for £1500 is a serviceable wear and tear item. Not sure how far you will get with this.


    But if you can prove he is a trader then you can return the car for a full refund on SOGA. That's your best way forward.


    If your buying at this level then do more checks and don't buy if the V5 doesn't match up with the seller.


    Good luck
  • Marktheshark
    Marktheshark Posts: 5,841 Forumite
    Seventh Anniversary 1,000 Posts Combo Breaker
    foxy-stoat wrote: »
    Don't think you can "cover up" a rattley clutch/dmf - and covering up a power steering leak would be to top up the fluid.


    How much to fix the power steering pipe, £100?


    The clutch on a £1000 car sold for £1500 is a serviceable wear and tear item. Not sure how far you will get with this.


    But if you can prove he is a trader then you can return the car for a full refund on SOGA. That's your best way forward.


    If your buying at this level then do more checks and don't buy if the V5 doesn't match up with the seller.


    Good luck

    Good general advice on the V5
    I do Contracts, all day every day.
  • Cheers for all the advice folks. Live and learn!
  • Marktheshark
    Marktheshark Posts: 5,841 Forumite
    Seventh Anniversary 1,000 Posts Combo Breaker
    If buying ANY diesel car second hand, learn the mileage DMF will fail and you can set your watch by it usually and if it has no receipt for a new DMF then budget for one if the car is approaching the failure point.
    Not many make 120,000 before they rattle themselves away.
    I do Contracts, all day every day.
  • curty510
    curty510 Posts: 189 Forumite
    i used to buy and sell cars from auctions many years ago to sell. I used to be honest to sellers and explain i bought, repaired and sold on. I stopped doing it as i was officially a 'trader' and the laws started to get stricter/be enforced. But i know a lot of people that still do this, they make up all sorts of excuses of why they are selling the car with a different address on the V5, normally use 'it's my daughters/sons car and its their Uni address'..

    Its easy to prove this guy is a trader, screen shot all his ads by googling his number, once you have the evidence, present him with the option of repair or refund. If not, take him to a small claims court, a judge will see he is a trader and side with you.

    The seller sounds like he is a trader, under soga he is obliged to help you out
    debt free, savings in the bank
  • foxy-stoat
    foxy-stoat Posts: 6,879 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper
    curty510 wrote: »
    i used to buy and sell cars from auctions many years ago to sell. I used to be honest to sellers and explain i bought, repaired and sold on. I stopped doing it as i was officially a 'trader' and the laws started to get stricter/be enforced. But i know a lot of people that still do this, they make up all sorts of excuses of why they are selling the car with a different address on the V5, normally use 'it's my daughters/sons car and its their Uni address'..

    Its easy to prove this guy is a trader, screen shot all his ads by googling his number, once you have the evidence, present him with the option of repair or refund. If not, take him to a small claims court, a judge will see he is a trader and side with you.

    The seller sounds like he is a trader, under soga he is obliged to help you out


    Good advice apart from give him an option to fix, he is not going to replace the clutch and other work on a £1500 car, more likely he will refund and try and sell the car on again to some other poor sap.
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    foxy-stoat wrote: »
    Good advice apart from give him an option to fix, he is not going to replace the clutch and other work on a £1500 car, more likely he will refund and try and sell the car on again to some other poor sap.
    ...or just shove it straight back in whatever auction he bought it from.
  • Joe_Horner
    Joe_Horner Posts: 4,895 Forumite
    Ninth Anniversary Combo Breaker
    edited 9 March 2017 at 2:57PM
    On the MOT you can request a vosa inspection, which will cancel the MOT if it does not pass a re-check and you will need to trailer the car out of the VOSA yard to get it fixed and obtain a new MOT.

    A failed DVSA (previously VOSA) inspection / retest won't cancel an existing MOT even if VOSA rule that the car shouldn't have passed at the time of the original test. It's one of the odd little quirks of the system.

    They also can't prevent you from driving away after they've failed it unless they consider the faults serious enough to issue a prohibition. The prohibition is separate from the MOT scheme but may require a full or partial test to be carried out as evidence that appropriate repairs have been made. It may (or may not, at the inspector's discretion) allow the car to be used for a certain period of time before being tested. But even in this case the original MOT will still be valid until the expiry date printed on it.

    This is the same system that applies if you're stopped at the roadside in a faulty car.


    eta: Out of interest, they're kind enough to publish the prohibition guidance here:

    https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/498457/Categorisation-of-defects.pdf

    On a private car, if the power steering is still working, then it would only warrant prohibition if it was in "imminent" risk of failure.

    They don't define "imminent" but you can get some idea from the fact that a leak which produces a patch smaller than 3 inches diameter in 5 minutes is not considered serious enough for a prohibition. Over 3 inches in 5 minutes warrants a delayed (up to 10 days) prohibition unless it's so bad that operation of the steering is affected (effectively pouring out as a continuous flow).

    Damage and corrosion to pipes aren't prohibitable unless they affect operation of the steering (crimped pipes etc).

    There's also a warning / reminder at the top of the document that a fault that doesn't warrant prohibition may still make the vehicle unroadworthy and be liable for prosecution but that's a concern for the operator, not the inspector.
  • Bit of an update. Second opinion from another mechanic came back completely different. Same brake light fault but couldn't see an issue with power steering fluid. Did however find oil leaking from the gearbox. Said its a big fix so may be more economical just to keep topping it up. Have quoted £40 for work rather than the best part of a grand that the guy yesterday did.

    No idea who to believe and think I'll get a 3rd opinion before deciding. Regardless, the seller still clearly lied and posed as someone selling a car "for his auntie" rather than the trader he is. Car is definitely not faultless as described and I've now got piles of evidence that he is illegally trading.

    My gut still tells me I want my money back, no idea if approaching him with evidence of his illegal trading is the best way to get it.
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