Conned by a private car seller

furqans99

born_again said:

You will get the same advice as the seller would.
Private sale is buyer beware.

But
>>>It is also worth mentioning that due to the poor visibility we couldn't spot the paint job done on the panels and bonnet. <<<

Talking of which we did write the transaction down on a blank paper with both our names, the reg, his driving license number, mileage, TIME (9pm)of the sale and Date. Signed by both parties

furqans99

pinkshoes said:

furqans99 said:

What a clever advert. No mention of it running or condition, so very difficult to claim it is not as described.

The constant use of "we" in the advert indicates that the guy maybe has a business selling cars. Might be worth looking into this, as if you could prove he was a business then your rights change. 

Ultimately, you have spent a lot of money without due diligence here... 

When you saw the repair job, did you specifically ask if it had been in an accident?

Even i suspect that he does buy and sell cars as a business.  But how would i find out? I do accept that it was a due negligence by myself perhaps in the pursuit of getting a new car, we did ask him about the paint job and he said that this is how he bought it. Like i said it was accident repaired in japan. Its a clean car in UK. Not recorded under any category. With 0 previous owners. I would be the first owner. 

furqans99

mikb said:

pinkshoes said:

furqans99 said:

What a clever advert. No mention of it running or condition, so very difficult to claim it is not as described.

The constant use of "we" in the advert indicates that the guy maybe has a business selling cars. Might be worth looking into this, as if you could prove he was a business then your rights change. 

Ultimately, you have spent a lot of money without due diligence here... 

When you saw the repair job, did you specifically ask if it had been in an accident?

Read the OP and ask yourself, when someone imports a car into the country with the stated intention of re-selling it at a profit, does that not make it a business?

I'm thinking of the people that "just buy things privately at car-boot every weekend and then resell them privately on eBay for profit" that are also "Not a business, no rights, no takebacks, no tax to pay!" -- HMRC and eBay would differ on that opinion

I'm very dubious that this was a "private sale".

The problem is that he said it to me right in the beginning of the converstaion that he bought the car for reselling it but he never stated this in his ad. 
Tbh I'm so frustrated atm to the extent that i don't even know what to do. The cars just parked outside the house with insurance and TAX paid in full and i can't even drive it considering that increase of mileage might go against me in the court. Arghhhhh

MalMonroe

Oh dear.

How on earth did the car get through an MOT with the faults you described in your original post? Particularly the seat belt faults. No MOT tester worth their salt would have passed this vehicle. If they did, they need reporting.

I am having great difficulty even believing this post. 

I can't believe anyone would see all those faults and not have alarm bells ring. And three friends not say anything at all? What kind of friends are they? They may be witnesses to what happened but you could have ten witnesses and they wouldn't really serve any purpose here.

What do you mean when you say "Should i go for it, do i satnd a chance? Would i get the court fee back if i win? " You don't even know if the seller is still in the country, never mind about where to send your court papers. He's not responding to you, what do you make of that? Why should he respond when he has what he wanted, your money.  

Sorry, I think that either you and your pals have been incredibly naive, knowing full well that this car is a money pit but giving the guy £8700 anyway, or your post is a wind up. Nobody is that naive. Please tell me they aren't!

mikb

furqans99 said:

pinkshoes said:

furqans99 said:

What a clever advert. No mention of it running or condition, so very difficult to claim it is not as described.

The constant use of "we" in the advert indicates that the guy maybe has a business selling cars. Might be worth looking into this, as if you could prove he was a business then your rights change. 

Ultimately, you have spent a lot of money without due diligence here... 

When you saw the repair job, did you specifically ask if it had been in an accident?

Even i suspect that he does buy and sell cars as a business.  But how would i find out?

The usual trick when dealing with "private sellers" that you suspect are not -- is to call them and say you are "interested in the car they have for sale". Be vague. Any response along the lines of "Which one?" is 98% a trader, flogging cars to mugs -- the ones they don't want to put through their books. Either because they know they will collapse within days/weeks, are a cut-and-shut piecework, or just to avoid tax on sales, and mostly to deny you consumer rights. You could try calling the guy, from a number that he doesn't associate with you, and test the water. What's the betting he's *still* got "a car for sale"?

pinkshoes

I would do as @mikb suggests and try to get him to admit he is a business. Email from a different email address or message from a different phone and ask about a car for sale, then maybe ask if he has anything bigger/smaller etc... ideally get it in writing or if not record it. That would prove he is a business, so you can then return the car as not fit for purpose.

Anyone who buys and sells something for profit is a business.

furqans99

MalMonroe said:

Oh dear.

How on earth did the car get through an MOT with the faults you described in your original post? Particularly the seat belt faults. No MOT tester worth their salt would have passed this vehicle. If they did, they need reporting.

I am having great difficulty even believing this post. 

I can't believe anyone would see all those faults and not have alarm bells ring. And three friends not say anything at all? What kind of friends are they? They may be witnesses to what happened but you could have ten witnesses and they wouldn't really serve any purpose here.

What do you mean when you say "Should i go for it, do i satnd a chance? Would i get the court fee back if i win? " You don't even know if the seller is still in the country, never mind about where to send your court papers. He's not responding to you, what do you make of that? Why should he respond when he has what he wanted, your money.  

Sorry, I think that either you and your pals have been incredibly naive, knowing full well that this car is a money pit but giving the guy £8700 anyway, or your post is a wind up. Nobody is that naive. Please tell me they aren't! 

I don't think i have managed to get myself clear at all perhaps. Lets try again. The car is an import from japan and had an accident back home. It was repaired before it was exported. Dvla doesn't has to inspect the car in depth as long as it is physically fit according to the MOT(doesn't inspect the car for electric faults). The HPI report from japan (which i paid extra for after buying the car) stated that the car was recalled by the manufacturer back in late 2019 for the seat belt fault, aswel as the wiring issue, which i don't think anyone can spot on the first viewing. To be honest i haven't experienced none of these issues since i started driving the car.

As a matter of fact i thought whats done is done lets keep the car and for that reason i took it to the main dealer to do the vehicle visual check and told them about the coolant being disappearing. They found a split in the pipe and replaced the pipe. Turned out to be its still loosing it. So would take it again after the weekend. 

Will see if i can get it fixed, if not then definitely taking him to the court. (I do know where he lives and his work address. PS got his landlord's address and phone number too). Luckily made a video of him and everybody else when we took the car back. 

pinkshoes

furqans99 said:

I don't think i have managed to get myself clear at all perhaps. Lets try again. The car is an import from japan and had an accident back home. It was repaired before it was exported. Dvla doesn't has to inspect the car in depth as long as it is physically fit according to the MOT(doesn't inspect the car for electric faults). The HPI report from japan (which i paid extra for after buying the car) stated that the car was recalled by the manufacturer back in late 2019 for the seat belt fault, aswel as the wiring issue, which i don't think anyone can spot on the first viewing. To be honest i haven't experienced none of these issues since i started driving the car.

As a matter of fact i thought whats done is done lets keep the car and for that reason i took it to the main dealer to do the vehicle visual check and told them about the coolant being disappearing. They found a split in the pipe and replaced the pipe. Turned out to be its still loosing it. So would take it again after the weekend. 

Will see if i can get it fixed, if not then definitely taking him to the court. (I do know where he lives and his work address. PS got his landlord's address and phone number too). Luckily made a video of him and everybody else when we took the car back. 

Take him to court for what?

You need to prove he is a BUSINESS seller to do that.

If he is a private seller and you take him to court, then as he made no claims on his advert about the car being in a good running condition, you would lose and pay all fees. 

So as mentioned by others previously, focus your efforts on proving he is a business.