Second hand car problem - Help Please.

jdfallon1970

Hi,

I would like some advice (if possible) about a second hand car I recently purchased from a company via ebay - I picked it up in person and paid cash and only a small deposit that i paid via Paypal.

I bought the car about 3 weeks ago. And was told that the engine had no leaks, that the tyres and brakes were all good and that there were no engine noises. About a week after I bought it i had it serviced and the following problems were highlighted.

• 3 of the tyres were so bad that if stopped I would have got 3 points for each.
• A possible leak in the oil was highlighted but there was no certainty and i was told to keep an eye on it.
• The brake pads are almost worn out.
• There is a cracked exhaust head that is creating a noise.

After about another week I went on holiday on the way home the engine cut out. The electric warning light came on. I was then able to restart the car but the light stayed on. I have now booked it into the garage as the engine cuts out after 5/6 miles and I have to restart. There is also evidence that there is in fact an oil leak.

I noticed the following on this site:

"Second hand cars specifically.

If buying from a trader your rights are the same as always. However certain factors must be taken into account. A car should be fit to use on the road, be in a condition that effects its age and price and be reasonably reliable. ‘Sold as seen' has no basis in law, your sale of goods act rights still apply.

Note private sellers of cars works like all second hand private sales (see above) however unless stated you have a right to expect the car will pass an MOT."

[FONT=Verdana, Geneva, Arial, Sans-serif]The car was not initially fit for use on the road because of the tyres and is clearly not reliable. Although I bought this from a company they might argue that it is a private ebay seller (although they state they are a company on the ebay listing) but it would still not have passed an MOT.

I have contacted the company about the tyres (not the leak yet - I am waiting to see the cost) but they have not got back to me. Also the MOT is due in a few weeks should I wait and see if there are any further problems.

I have only done about 400 miles in this car (athough it was described as doing a 1000 less than it actually had)
[FONT=Verdana, Geneva, Arial, Sans-serif] [/FONT]
[FONT=Verdana, Geneva, Arial, Sans-serif]Any advice would be welcome. Thanks for your time.[/FONT]

On a seperate ebay note. They have put in a unpaid dispute claim with ebay and emailed me to ask if I would accept so they could get there fee's back. I do have a receipt though. [/FONT]

Kay_Peel

jdfallon1970 wrote: »

Hi,
On a seperate ebay note. They have put in a unpaid dispute claim with ebay and emailed me to ask if I would accept so they could get there fee's back. I do have a receipt though.

I can't advise on the faulty car aspect - perhaps you could post something in the Motoring Board or the Consumer Vent Board (Vent, Bent and Heaven Sent).

I can comment on the seller's attempt to ensnare you in a criminal offence. It's called:
Evasion Of Liability By Deception - Section 2 Theft Act 1978.

Don't even think about it. It tells you a lot about the person you are dealing with.

shelly

Get onto CAB and take advice from them. They were brilliant with us a few weeks ago when we got a second hand car that had things wrong that we weren't made aware of.
From the advice given to me it sounds like you have a good case for *possibly* getting your money back because you were specifically given information that has turned out to be un true.

Here's the link to the info that CAB will give you http://www.adviceguide.org.uk/index/your_world/consumer_affairs/buying_second_hand_vehicles.htm

Good Luck

vincenz

By company do you mean dealer?

By law they are meant to offer a 3 mnth warranty, which should at least cover an oil leak.