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    • Dewbre
    • By Dewbre 4th Mar 18, 10:19 PM
    • 1Posts
    • 0Thanks
    Dewbre
    Problems with a private car sale
    • #1
    • 4th Mar 18, 10:19 PM
    Problems with a private car sale 4th Mar 18 at 10:19 PM
    My partner bought a car from someone off Facebook who sold it as roadworthy and described it as being in mint condition. It broke down on the way home from buying it we didn't even make it 20 miles. We had traveled approx 60 miles to pick it up. The car was overheating and there was steam coming out of the bonnet. The RAC had to come out and said that they thought it was a problem with the head gasket and that the person who sold it to us would have known there was a problem. We contacted the seller who said hard luck, sold as seen despite advertising it being in good condition. We never signed anything to say sold as seen. We had asked for full refund and to give him the car back as it had only been less than 2 hours since we paid for it. After texts backwards and forwards and threatening small claims court he agreed to paying some of the money back straight away and some more the following weekend and he said we could scrap it to get the rest of the money. He made the first payment but is refusing to pay any more. We have since found out that he bought the car only days before he sold it to us and is also selling lots of other cars. Are we able to take him to a small claims court or is there anything else we can do as currently we have a car that doesn't drive and we are out of pocket?
    Last edited by Dewbre; 04-03-2018 at 10:19 PM. Reason: took out emoji
Page 1
    • waamo
    • By waamo 4th Mar 18, 11:08 PM
    • 3,383 Posts
    • 4,497 Thanks
    waamo
    • #2
    • 4th Mar 18, 11:08 PM
    • #2
    • 4th Mar 18, 11:08 PM
    How much out of pocket are you? He may well be very skilled at avoiding paying ccj's. Is it worth your time and effort?

    Report him to trading standards as a dealer.
    This space for hire.
    • dj1471
    • By dj1471 4th Mar 18, 11:08 PM
    • 1,220 Posts
    • 820 Thanks
    dj1471
    • #3
    • 4th Mar 18, 11:08 PM
    • #3
    • 4th Mar 18, 11:08 PM
    How exactly was it described?

    The only requirement in private sales is that the item is as described, if it wasn't then head to small claims.

    However if he's selling lots of cars that sounds more like a business, in which case you have the protection of the Consumer Rights Act. But you'd need to prove that he's trading and likely still take him to court to enforce your rights.
    • neilmcl
    • By neilmcl 5th Mar 18, 9:52 AM
    • 11,088 Posts
    • 7,909 Thanks
    neilmcl
    • #4
    • 5th Mar 18, 9:52 AM
    • #4
    • 5th Mar 18, 9:52 AM
    Just to add though, if you have evidence that he's selling other cars then he may also be treated as a trader and in which case your rights would be strengthened. Doesn't really help that much though if he's refusing to pay, unless you do indeed start a small claims action against him.
    • Blackbeard of Perranporth
    • By Blackbeard of Perranporth 5th Mar 18, 12:23 PM
    • 5,099 Posts
    • 30,624 Thanks
    Blackbeard of Perranporth
    • #5
    • 5th Mar 18, 12:23 PM
    • #5
    • 5th Mar 18, 12:23 PM
    My partner bought a car from someone off Facebook who sold it as roadworthy and described it as being in mint condition. It broke down on the way home from buying it we didn't even make it 20 miles. We had traveled approx 60 miles to pick it up. The car was overheating and there was steam coming out of the bonnet. The RAC had to come out and said that they thought it was a problem with the head gasket and that the person who sold it to us would have known there was a problem. We contacted the seller who said hard luck, sold as seen despite advertising it being in good condition. We never signed anything to say sold as seen. We had asked for full refund and to give him the car back as it had only been less than 2 hours since we paid for it. After texts backwards and forwards and threatening small claims court he agreed to paying some of the money back straight away and some more the following weekend and he said we could scrap it to get the rest of the money. He made the first payment but is refusing to pay any more. We have since found out that he bought the car only days before he sold it to us and is also selling lots of other cars. Are we able to take him to a small claims court or is there anything else we can do as currently we have a car that doesn't drive and we are out of pocket?
    Originally posted by Dewbre

    If it was a private sale, then I am afraid unless it was miss described, you are out of pocket. But watch their FB profile because if other cars pop up, then he is a trader and the law will be on your side!
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    • steampowered
    • By steampowered 5th Mar 18, 8:30 PM
    • 2,579 Posts
    • 2,503 Thanks
    steampowered
    • #6
    • 5th Mar 18, 8:30 PM
    • #6
    • 5th Mar 18, 8:30 PM
    If this person is selling lots of other cars, he would be treated as dealing in the course of a business. So the Consumer Rights Act would apply, which gives you rights if the car it is not satisfactory quality or not fit for purpose.

    Even if it was not a private sale, if you could prove that the pre-sale statements made were untrue, you could still sue the seller for misrepresentation of the car.

    For this sort of matter I would be inclined to go straight to a 'letter before action' giving him 14 days to provide a refund, followed the next day by issuing small claims proceedings.

    While the seller may well be skilled at avoiding CCJs, the cost associated with issuing a small claim is pretty minimal, and bailiffs are generally pretty good at getting results even from reluctant payers, so you might as well have a go.
    • maninthestreet
    • By maninthestreet 6th Mar 18, 11:11 PM
    • 15,283 Posts
    • 13,802 Thanks
    maninthestreet
    • #7
    • 6th Mar 18, 11:11 PM
    • #7
    • 6th Mar 18, 11:11 PM
    Never buy a car on Facebook.
    "You were only supposed to blow the bl**dy doors off!!"
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