Second hand car not roadworthy after a week!

Grumpy_chap

KatieBW123 said:

The gearbox failing is a major issue and not worth repairing in these cars. 

How old / what value was this car that the faulty gear box makes the car scrap?
Gear boxes are components that do fail on cars from time to time and do not usually make the car scrap.

Alderbank

Grumpy_chap said:

KatieBW123 said:

The gearbox failing is a major issue and not worth repairing in these cars. 

How old / what value was this car that the faulty gear box makes the car scrap?
Gear boxes are components that do fail on cars from time to time and do not usually make the car scrap.

That's a good point.

What was the engine bay like when you went to view the car before purchase? Was everything covered in oil then? If so, how did the seller explain it? If not, did you perhaps fill the sump and forget to refit the filler cap properly?

It can be difficult to claim for faults which were apparent to you before you decided to buy.

KatieBW123

Grumpy_chap said:

KatieBW123 said:

The gearbox failing is a major issue and not worth repairing in these cars. 

How old / what value was this car that the faulty gear box makes the car scrap?
Gear boxes are components that do fail on cars from time to time and do not usually make the car scrap.

Replacing the gearbox would virtually exceed the value of the car. The issue is that rhe gearbox fault was a serious, expensive issue that pre-existed purchase and was not disclosed by the seller. 

KatieBW123

Alderbank said:

Grumpy_chap said:

KatieBW123 said:

The gearbox failing is a major issue and not worth repairing in these cars. 

How old / what value was this car that the faulty gear box makes the car scrap?
Gear boxes are components that do fail on cars from time to time and do not usually make the car scrap.

That's a good point.

What was the engine bay like when you went to view the car before purchase? Was everything covered in oil then? If so, how did the seller explain it? If not, did you perhaps fill the sump and forget to refit the filler cap properly?

It can be difficult to claim for faults which were apparent to you before you decided to buy.

I’m not a mechanic I have no clue about cars. I’ve now had two mechanics confirm a longstanding gearbox fault that wasn’t disclosed. The seller described the car as ‘mechanically perfect’ and omitted this major fault, which is exactly the misrepresentation I’m challenging now. I relied on his advert and description, not specialist knowledge

born_again

KatieBW123 said:

Alderbank said:

Grumpy_chap said:

KatieBW123 said:

The gearbox failing is a major issue and not worth repairing in these cars. 

How old / what value was this car that the faulty gear box makes the car scrap?
Gear boxes are components that do fail on cars from time to time and do not usually make the car scrap.

That's a good point.

What was the engine bay like when you went to view the car before purchase? Was everything covered in oil then? If so, how did the seller explain it? If not, did you perhaps fill the sump and forget to refit the filler cap properly?

It can be difficult to claim for faults which were apparent to you before you decided to buy.

I’m not a mechanic I have no clue about cars. I’ve now had two mechanics confirm a longstanding gearbox fault that wasn’t disclosed. The seller described the car as ‘mechanically perfect’ and omitted this major fault, which is exactly the misrepresentation I’m challenging now. I relied on his advert and description, not specialist knowledge

So in effect you are looking at taking this to court if they do not refund.
 Are they a sole trader or Ltd company?
How long have they been trading & where from?
Are you confident that they have the funds to pay out if it goes to court, or will they just shut up & start again.

Alderbank

You say the seller is creative self employed etc. You also say this is only the second vehicle he has sold on eBay in twenty years.

This sounds to me like his trade or profession is producing paintings of dogs from photographs or embroidering cushion covers or such and the cars were his own private vehicles. If so the sale to you is not covered by the Consumer Rights Act, regardless of how eBay describes him.

I believe it is almost certain that your mechanic will tell you that you need a new gearbox at significant cost, and that he will be happy to do the job for you.
I'm sorry to say this Katie, but there are still a few mechanics around who like to take advantage of ladies who say they know nothing about cars.
I would take note of the useful comments above made by others and get a second or even third opinion before paying out too much money.

KatieBW123

Alderbank said:

You say the seller is creative self employed etc. You also say this is only the second vehicle he has sold on eBay in twenty years.

This sounds to me like his trade or profession is producing paintings of dogs from photographs or embroidering cushion covers or such and the cars were his own private vehicles. If so the sale to you is not covered by the Consumer Rights Act, regardless of how eBay describes him.

I believe it is almost certain that your mechanic will tell you that you need a new gearbox at significant cost, and that he will be happy to do the job for you.
I'm sorry to say this Katie, but there are still a few mechanics around who like to take advantage of ladies who say they know nothing about cars.
I would take note of the useful comments above made by others and get a second or even third opinion before paying out too much money.

I feel it’s the seller who saw me coming. Have now had three mechanics look at it and say the same thing. That it’s a major fault that certainly wouldn’t have happened since purchase. 

Re his seller status. He would have to have registered himself as a business. I can only see one car sold in the past year, there is no detailed info available beyond that. 

swingaloo

KatieBW123 said:

Alderbank said:

You say the seller is creative self employed etc. You also say this is only the second vehicle he has sold on eBay in twenty years.

This sounds to me like his trade or profession is producing paintings of dogs from photographs or embroidering cushion covers or such and the cars were his own private vehicles. If so the sale to you is not covered by the Consumer Rights Act, regardless of how eBay describes him.

I believe it is almost certain that your mechanic will tell you that you need a new gearbox at significant cost, and that he will be happy to do the job for you.
I'm sorry to say this Katie, but there are still a few mechanics around who like to take advantage of ladies who say they know nothing about cars.
I would take note of the useful comments above made by others and get a second or even third opinion before paying out too much money.

I feel it’s the seller who saw me coming. Have now had three mechanics look at it and say the same thing. That it’s a major fault that certainly wouldn’t have happened since purchase. 

Re his seller status. He would have to have registered himself as a business. I can only see one car sold in the past year, there is no detailed info available beyond that. 

Its very confusing, why do you say that. Is he still selling on Ebay? What does he sell if he is a business but has only sold one car?

You dont seem to be answering the relevant questions, was there evidence of oil leakage all over the engine when you looked under the bonnet before you bought the car?

Alderbank

Being registered as a business does not mean that Consumer Rights Act applies. The Act is very specific - he must be a Trader which means a person acting for purposes relating to that person's trade, business, craft or profession.

Being registered, say, as a child minder business wouldn't count. His trade or business needs to be car sales, motor mechanic or very similar.

Did he own the car for his own private use (how long had he been the registered keeper?) or had he bought it recently with the intention of selling it on at a profit?

sheramber

He can be self employed as a trader but selling a car as a private sale, not part of his business.

A plumber selling his family car is not selling it as a trader.

What does he sell on ebay?