Bought a used car with hidden fault

Nojman

Hello, 
I have recently bought a car from a private seller/trader (I'll get to it in a bit) so i inspected the car visually and took it for a test drive. Based on what I saw I reduced the original price and we parted out ways happily.

However, on my journeys back home the car has developed a fault with DPF, I immediately messaged the seller about it to which he has told me that it needs to clean itself on long journey (despite not telling me it is likely to come on/having any problem with it or even saying it was done recently) never mind, i can try and sort it on my long journeys to see if it fixes itself. 

In addition I have messages in which he says the timing chain and flywheel was done some time ago by previous owner, but had no paperwork to back it up. He stated that the BMW will have the repairs on their record and that he cannot acces them as he needs to do it from the garage (sells cars on Facebook - previous owner has done a yellow slip with him and the money was transfered to his family bank account who trade under a company name on Facebook, apparently he had phoned them in the past and they have confirmed it) so I continued to believe he is legit and I have no reasons to doubt it. 

Now I actually doubt it funny enough, question is am i covered under customer act? he sold the car from his doorstep but V5 was to a trader, he posts 10's of cars weekly on his Facebook, and the money was transfered to his family member who trades under a business name (stupidly enough I did not sign a contract only done a bank transfer) but does the above make him a trader? What are my rights? 

I am yet to receive V5 in my name and confirm the work being done on the car (this is pretty much a pre emptive thread) what if the work hasnt been done that he said (in messages) has? 

Thank you for help! 

born_again

>>> private seller/trader <<<

Which? Cant be both. Makes a massive difference to any advice given.

walwyn1978

He’s a trader masquerading as a private seller to dodge his responsibilities as a trader, probably because he’s buying sheds with work needed and trying to flog them on without doing the work 

EdGasketTheSecond

If you can prove he is listing 10's of cars then he is counted as a trader. However it all sounds like an uphill struggle with this type of 'trader'. Really if you wanted trader benefits you should have gone to an established dealer. However legally you can pursue him as if he is a bonafide trader as you have evidence of that; then you have all the usual rights that go with buying a car from a trader but you may need to enforce those rights via court claim.

Nojman

born_again said:

>>> private seller/trader <<<

Which? Cant be both. Makes a massive difference to any advice given.

Like i asked how do I know since i did not Sign a proof of purchase?
Everything would indicate he is a trader, but no proof of purchase was done, i paid by bank transfer 

Nojman

EdGasketTheSecond said:

If you can prove he is listing 10's of cars then he is counted as a trader. However it all sounds like an uphill struggle with this type of 'trader'. Really if you wanted trader benefits you should have gone to an established dealer. However legally you can pursue him as if he is a bonafide trader as you have evidence of that; then you have all the usual rights that go with buying a car from a trader but you may need to enforce those rights via court claim.

I suppose that would be small claims court? Anyone with experience in that field?
Also just to Save other naive people, can i report Such trader to any organisation? 

Manxman_in_exile

walwyn1978 said:

He’s a trader masquerading as a private seller to dodge his responsibilities as a trader, probably because he’s buying sheds with work needed and trying to flog them on without doing the work 

OP - all you need to do is to enlist this poster's help - they've figured it out and presumably have evidence to help you...

motorguy

walwyn1978 said:

He’s a trader masquerading as a private seller to dodge his responsibilities as a trader, probably because he’s buying sheds with work needed and trying to flog them on without doing the work 

Most likely this.

Or hes trying to keep such a low profile with the buyers that they wont persist with any faults if / when they occur.

I'd say hes reset the DPF light, knowing it wont come on for a day or so - long enough to get you away.  Did you meet him at his actual house?  You may have some hope then of recourse.

I'd ring him (from another number / with held number if needs be), tell him you need this DPF problem sorted and see what he says.  He will, invariably try to weedle out of it, then you're in to the realms of issuing a letter before action, insisting he repairs the car or refunds, and stating if he doesnt resolve the situation to your satisfaction you will have the work done to the car then take him to the small claims court to recover that amount and your costs.

Chances are it will be water off a ducks back, but worth a punt.

Find someone who takes DPFs off and cleans them professionally.  Could be all the car needs and shouldnt cost a fortune.

motorguy

Manxman_in_exile said:

walwyn1978 said:

He’s a trader masquerading as a private seller to dodge his responsibilities as a trader, probably because he’s buying sheds with work needed and trying to flog them on without doing the work 

OP - all you need to do is to enlist this poster's help - they've figured it out and presumably have evidence to help you...

Why the unnecessary sarcasm?  Is there anything in the O/Ps post to suggest the trader isnt dodgy?

AdrianC

How old, what price...?

Mercdriver

motorguy said:

walwyn1978 said:

He’s a trader masquerading as a private seller to dodge his responsibilities as a trader, probably because he’s buying sheds with work needed and trying to flog them on without doing the work 

Most likely this.



Find someone who takes DPFs off and cleans them professionally.  Could be all the car needs and should cost a fortune.

Did you mean 'shouldn't cost a fortune' ?