Private car sale, may actually be a dealer and car has broken after 3 days.

Cherylcw

Ok so this could be a long one.

I bought a used car from a ‘private seller’ on Thursday evening (14/06/2018) having seen hisadvert on Gumtree.
It is a 2013 Ford Galaxy 2.0tdci Zetec Powershift, the description on Gumtree read “Ford Galaxy 2.otdci Silver 2013 plate. All electrics. Auto Gearbox. 7 seater looked after. 12 months mot. Any inspection welcome. First to see will buy. 5200.ovno”
I messaged the seller on the number on the advert and got a reply from a different number and he said its his other number. There was no service history but he promised it was looked after and that there was ‘nothing wrong with the car’. (I have the messages)
The car has done 101,000 miles so I asked about the cambelt and waterpump and he said it had been done by previous owners, but had no receipt. I told him that I couldn’t take that chance and so he said he’d either take more money off or I could go see it, leave a deposit and he would go get it done for me to pick up this week.

I went and saw it, it seemed it good condition so I agreed to take it there and then for the lesser money.He cleared his stuff out of it, including an envelope of £5,000 from a car he’d sold earlier that day. He then said he sometimes buy and sells cars on the side and said he’d only had the Galaxy 3 weeks and planned to keep it but needed the money and he had an older Galaxy sat on his drive so said he’d keep that instead.
I said about doing a bank transfer and he said he had no access to internet banking so he gave me his friends bank details and I transferred the money with the reference of ‘for Zafs car’ and he called his friend who confirmed he’d received the money so we sorted all the paperwork out and off I drove.

Yesterday, Sunday 17/06/2018 I drove the car 25 miles to Derby and then suddenly on the way home, the gearbox went funny like it had slipped out of gear, and then it wouldn’t engage drive or reverse. My breakdown company wouldn’t come and get us as it had been less than 48 hours since I’d updated the vehicle so I’ve had to leave the car in Derby.
I’ve looked back on Gumtree and the advert for the galaxy is still on there and the ‘sellers other ads’ shows he has now listed another vehicle for sale.

If the gearbox has gone its £2900+vat excluding labour as it’s a dual clutch system that has to be coded to the vehicle and you can’t use second hand ones because of the coding. It may be something less like a cable, sensor, gear box oil etc, but I can’t get it to a garage as it won’t drive and i don’t have the money to get it sorted as I took a loan out to buy the car.

Do I have any comeback at all? Is it the case that if he sells more than a certain number of cars he’s classed as a dealer or am I stuck with private seller – sold as seen?
Not sure whether to go to citizens advice, consumer rights? Or what the best course of action is, but feeling very stressed at the moment.
Thanks in advance,
Cheryl

AndyMc.....

Google the two phone numbers you have for him and see what turns up.

He!!!8217;ll be a trader but will probably try to avoid his responsibilities. I think you!!!8217;re in for a fight with thIs one.

Cherylcw

I have googled them but nothing really comes up for them. That's what I was thinking

GDB2222

Check the MOT history to see if it's been clocked.

https://www.gov.uk/check-mot-history

waamo

What makes you think he might be a dealer?

[Deleted User]

waamo wrote: »

What makes you think he might be a dealer?

The £5k in an envelope on the back seat is not suspicious to you?

Or do you think he might have been selling drugs?

Cherylcw

The fact he'd just sold a car that day. Then he told me he buys and sells cars on the side sometimes and posted a new advert on gumtree for a different vehicle yesterday. Hed only had the galaxy I bought for 3 weeks.

Carrot007

waamo wrote: »

What makes you think he might be a dealer?

> He then said he sometimes buy and sells cars on the side and said he’d only had the Galaxy 3 weeks and planned to keep it but needed the money


Would be the 100% confirmation. And also the point I would have not bought the car.



Well probably as lot earlier to be honest. And..


> I said about doing a bank transfer and he said he had no access to internet banking so he gave me his friends bank details


Would have had me running for the hills.

waamo

So he has actually admitted being a dealer. Not the sharpest tool in the box then.

You have consumer rights though as above enforcing them may be difficult as I suspect he will see it differently.

Cherylcw

All seems ok on there... although Feb to May this year it only did 1,000 miles whilst August last year to this Feb it did 21,000.

tacpot12

You should record the evidence that you have found that he is running a business, and make a note of his address. Then call him and say that you believe he is a dealer and that as a result you expect him to fix the car. Make a carful note of what he says and try to get an email address from him so that you can exchange emails.

You need to allow him the opportunity to fix the car. If he is a dealer and is happy to admit it, he may arrange to collect the car and get it inspected. If he denies he is a dealer, you will need to send him a letter before action giving him the chance to repair the car or refund your money. You can point out that storage costs are mounting so the sooner he responses the cheaper it will be. Give him your email address so he can confirm what he is going to do.

Bear in mind that he might know that the gearbox needs replacing and will try to stick behind the story that he is a private seller and had no idea that the gearbox was about to fail.

As a dealer it is upto him to prove that the fault did not exist prior to the sale - if you have a garage look at the car, ask if there is anyway that the dealer might have covered up the problem for long enough for you to test drive the car.


You are probably going to have to go to court to get your money back, so gather as much evidence as you can that he is running a business and document everything carefully.