Help! Private car sale problems. Advice needed

KyKyM · 24th November 2008, 13:18

Hi All,

I bought a '98 MGF off ebay about 3 weeks ago. Yesterday I took it for a drive (only the third time since purchasing) & it was very jumpy before breaking down..in the middle of a very busy roundabout!

My breakdown company came out & said that my timing belt had gone (£600!) & that it would have been like this before I bought it & that the car should not have even been driven!
They also said that the it needs a new battery.
The car alarm also goes off whenever it feels like it, usually in the middle of the night.
Thinking back the when I went to pick the car up the guy seemed very jumpy, espechially when I stalled the car!

I have mentioned the alarm to the bloke but he says he has never had that problem & that the car may be jumpy because it hasnt moved in months, even though I know he has been using the car. The was before the car broke down though.

Just wondering is there is anything legal I can do as the car was not as described & not even road worthy!

Thanks in advance,

ReasonableRon · 24th November 2008, 14:02

Was the person you bought it off a trader or a private seller?

flyingdoc · 24th November 2008, 14:26

Dont take the breakdown companys word for it - get a proper mechanic to look before making any decisions.

Timing belts go - that is a fact but cars dont run badly before they go - there is no indication they are going - they just break - car stops...(if you are lucky enough to have a car where a broken timing belt doesnt mean a damaged engine then you are lucky)
If the car was "jumpy" as you describe then I am sceptical that was caused by the timing belt for the reason above

The only way to prevent this is to replace the timing belt about every 30k or so (See mfr handbook)

Regarding the car.

As ReasonableRon asks - did you buy it privately or from a dealer?

If you buy a car privately then you are effectively buying "as seen" unless the seller makes any special claims in the auction (print of the ebay auction before it disappears) you have little comeback.

Even if he said that the car was in pristine condition you would have to be able to prove that that was not the case.

KyKyM · 24th November 2008, 20:17

It was a private seller.

DF_Jordan · 25th November 2008, 09:37

Hi

Unfortunately, if you bought the car "as seen" with no other warranty implied, then there's not much you can do. Some breakdown cover companies like AA and I think RAC offer a service where one of their mechanics will go with you to see the car and look at it for you. Like someone else said, don't believe what they tell 100% - they may be sure that they know what the problem is but that doesn't mean they do. I've broken down a few times now and almost every time the tow-er has arrived they've told me it's only a little job - and it's turned out that there's a hole in the gearbox or something.

I know it doesn't help very much now but you need to be so careful when buying a car, specially off of eBay or Autotrader or something. Always try and take someone who knows cars with you to see it, and even then it really needs to be someone you can trust. Buying cars is such a dodgy business and there's always someone out there trying to make a quick buck out of someone.

raydetinu · 25th November 2008, 13:39

Was it buy it now or you won the auction. If buy it now then I believe the distance selling regulations still apply, but could wrong.
However, once you are clear what is actually wrong I would still go back to the seller and ask for your money back or some sort of refund. Are you sure he was not a trader!
The reason you can expect something back or a refund is how was the car described; faultless, no defects etc. then it it is not as described and you can claim, through court if need be for misrepresentstion.
Generally private sales, caveat emptor, let the buyer beware and the onus is on the buyer to check everything and ask the right questions. No substitute for a good long test drive, even if bought on ebay dont pay up until tested.

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