Car issues

BoGoF

You have no case, and constantly re-phrasing the question isn't going to change that I'm afraid. It's very much buyer beware with a private sale unless it was misdescribed.

Helpadvice123

BoGoF said:

You have no case, and constantly re-phrasing the question isn't going to change that I'm afraid. It's very much buyer beware with a private sale unless it was misdescribed.

No absolutely I understand that. I just want to clarify any questions. The car was over the £10k small claims court sum so prior to proceeding with legal actions which is expensive I wanted to clarify what I could get myself into. Again thank you for your advice I do appreciate it. 

cymruchris

Helpadvice123 said:

cymruchris said:

Helpadvice123 said:

BoGoF said:

Helpadvice123 said:

marcia_ said:

 Not likely you would have a case with a private sale where you state the advert said nothing about the cars condition . Private sales are not the same as business sales. You don't get the same legal protections 

Firstly thank you for your response. Is this still the case if the garage say they can tell when the car was remapped? 

Not sure how that helps unless the advert said 'not remapped'.

Unless there was anything misleading said in the advert you are not going to have much joy and by your own admission the advert was non commital......probably delibaretely so.

Thanks for your reply. So despite them knowing about it but not admitting the car was altered with, despite proof there is no case? 

You don't have proof that the person that sold it to you did it. You have anecdotal evidence likely from some kind of electronic reader that something changed on X date - that's not the same as proving the seller did it.

Another example - People have minor scrapes and dings on their cars week in week out - and get them sprayed at the local bodyshop. It's not insurance recorded - so nobody ever mentions that when they sell the car. 

Who'd buy the car if you said 'Ford Focus - wing resprayed last year because I scratched it against a branch - rear quarter sprayed in 2022 because a trolley hit the car' etc.

Sellers don't have to declare everything - they just have to not be dishonest in whatever they've actually said.

It's for you as the buyer to conduct your own checks and enquiries to be sure you're happy buying privately

Ah I understand. So despite the reader or garage saying it was done during ownership or no matter when, that isn’t proof to say buyer knew about this and to clarify they are not legally obliged to say? 

No it's not proof that they knew about it or even paid for it - they might have done - they probably did - but you'll never prove that - unless you actually went to the garage that did it - and the technician said 'Ah yes - that was Mr Jones who had that done, you know, the guy who's 5ft'7 with a tattoo of an anchor on his right arm, here's his copy receipt with his signature on' (and that's not going to happen) - then there's still the fact that the seller hasn't actually done anything wrong in terms of their listing. If whatever they've said in their advert when you bought the car was truthful - there's no comeback.

Buying privately comes with risks. Next time you buy - if you want a bit more reassurance and comeback, buy from a dealer with a warranty. (That in itself can also be troublesome - but it would put you in a stronger position than you're in now). As I say - it's not what you wanted to hear - but that's where I think you're up to right now.

Whatever the issue is - you're best off fixing it and getting on with life (even if it's expensive) - or selling the vehicle as is - and getting another one.

Helpadvice123

cymruchris said:

Helpadvice123 said:

cymruchris said:

Helpadvice123 said:

BoGoF said:

Helpadvice123 said:

marcia_ said:

 Not likely you would have a case with a private sale where you state the advert said nothing about the cars condition . Private sales are not the same as business sales. You don't get the same legal protections 

Firstly thank you for your response. Is this still the case if the garage say they can tell when the car was remapped? 

Not sure how that helps unless the advert said 'not remapped'.

Unless there was anything misleading said in the advert you are not going to have much joy and by your own admission the advert was non commital......probably delibaretely so.

Thanks for your reply. So despite them knowing about it but not admitting the car was altered with, despite proof there is no case? 

You don't have proof that the person that sold it to you did it. You have anecdotal evidence likely from some kind of electronic reader that something changed on X date - that's not the same as proving the seller did it.

Another example - People have minor scrapes and dings on their cars week in week out - and get them sprayed at the local bodyshop. It's not insurance recorded - so nobody ever mentions that when they sell the car. 

Who'd buy the car if you said 'Ford Focus - wing resprayed last year because I scratched it against a branch - rear quarter sprayed in 2022 because a trolley hit the car' etc.

Sellers don't have to declare everything - they just have to not be dishonest in whatever they've actually said.

It's for you as the buyer to conduct your own checks and enquiries to be sure you're happy buying privately

Ah I understand. So despite the reader or garage saying it was done during ownership or no matter when, that isn’t proof to say buyer knew about this and to clarify they are not legally obliged to say? 

No it's not proof that they knew about it or even paid for it - they might have done - they probably did - but you'll never prove that - unless you actually went to the garage that did it - and the technician said 'Ah yes - that was Mr Jones who had that done, you know, the guy who's 5ft'7 with a tattoo of an anchor on his right arm, here's his copy receipt with his signature on' (and that's not going to happen) - then there's still the fact that the seller hasn't actually done anything wrong in terms of their listing. If whatever they've said in their advert when you bought the car was truthful - there's no comeback.

Buying privately comes with risks. Next time you buy - if you want a bit more reassurance and comeback, buy from a dealer with a warranty. (That in itself can also be troublesome - but it would put you in a stronger position than you're in now). As I say - it's not what you wanted to hear - but that's where I think you're up to right now.

Whatever the issue is - you're best off fixing it and getting on with life (even if it's expensive) - or selling the vehicle as is - and getting another one.

Absolutely. Thank you so much for taking the time with this. I guess with no specific proof or evidence despite tests nothing can be done. 

cymruchris

Helpadvice123 said:

cymruchris said:

Helpadvice123 said:

cymruchris said:

Helpadvice123 said:

BoGoF said:

Helpadvice123 said:

marcia_ said:

 Not likely you would have a case with a private sale where you state the advert said nothing about the cars condition . Private sales are not the same as business sales. You don't get the same legal protections 

Firstly thank you for your response. Is this still the case if the garage say they can tell when the car was remapped? 

Not sure how that helps unless the advert said 'not remapped'.

Unless there was anything misleading said in the advert you are not going to have much joy and by your own admission the advert was non commital......probably delibaretely so.

Thanks for your reply. So despite them knowing about it but not admitting the car was altered with, despite proof there is no case? 

You don't have proof that the person that sold it to you did it. You have anecdotal evidence likely from some kind of electronic reader that something changed on X date - that's not the same as proving the seller did it.

Another example - People have minor scrapes and dings on their cars week in week out - and get them sprayed at the local bodyshop. It's not insurance recorded - so nobody ever mentions that when they sell the car. 

Who'd buy the car if you said 'Ford Focus - wing resprayed last year because I scratched it against a branch - rear quarter sprayed in 2022 because a trolley hit the car' etc.

Sellers don't have to declare everything - they just have to not be dishonest in whatever they've actually said.

It's for you as the buyer to conduct your own checks and enquiries to be sure you're happy buying privately

Ah I understand. So despite the reader or garage saying it was done during ownership or no matter when, that isn’t proof to say buyer knew about this and to clarify they are not legally obliged to say? 

No it's not proof that they knew about it or even paid for it - they might have done - they probably did - but you'll never prove that - unless you actually went to the garage that did it - and the technician said 'Ah yes - that was Mr Jones who had that done, you know, the guy who's 5ft'7 with a tattoo of an anchor on his right arm, here's his copy receipt with his signature on' (and that's not going to happen) - then there's still the fact that the seller hasn't actually done anything wrong in terms of their listing. If whatever they've said in their advert when you bought the car was truthful - there's no comeback.

Buying privately comes with risks. Next time you buy - if you want a bit more reassurance and comeback, buy from a dealer with a warranty. (That in itself can also be troublesome - but it would put you in a stronger position than you're in now). As I say - it's not what you wanted to hear - but that's where I think you're up to right now.

Whatever the issue is - you're best off fixing it and getting on with life (even if it's expensive) - or selling the vehicle as is - and getting another one.

Absolutely. Thank you so much for taking the time with this. I guess with no specific proof or evidence despite tests nothing can be done. 

And even with it - you'd still get nowhere as it was a private sale - and the advert didn't 'lie'.

njkmr

Sold as seen?

powerful_Rogue

I can't work out why you are getting so hung on on the remap. Many many cars are remapped to provide better fuel efficiency etc.

Even if you could provide 100% proof it makes no difference. It's legal to remap a motor and from the sound of the sellers advert they have done nothing wrong.

Even though small claims is based on the 'balance of probabilities' - What would you actually claim for?

XzavierWalnut

I would say even if they did do it, it's the usual Caveat Emptor. Lot's of people get rid of cars because there is something wrong with them and do not disclose it.
A remap is about £300, maybe you could get it remapped back to original settings.

Helpadvice123

powerful_Rogue said:

I can't work out why you are getting so hung on on the remap. Many many cars are remapped to provide better fuel efficiency etc.

Even if you could provide 100% proof it makes no difference. It's legal to remap a motor and from the sound of the sellers advert they have done nothing wrong.

Even though small claims is based on the 'balance of probabilities' - What would you actually claim for?

Thanks for your reply. It was told this could be the cause for the issues arising

born_again

 Only reason to be worried about a remap would be if it's a diesel & they have done a egr and dpf delete. Which of course depending on age a MOT failure & expensive fix & may incur fines & insurance issues.