Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
I did the cardinal sin and bought a car from ebay in mid-December, without viewing it first and trusted the description and feedback of the seller - which was 100% at the time.
Once I picked the car up the following faults were discovered: both wheel bearings were gone (someone had punched holes through the outer covers so they letter water in and grease out), exhaust back box was blown, spare wheel carrier is rotten through, front suspension bushes and ball joints worn and knocking heavily.
He had described some some surface rust, which is fine and can be repaired, but today I started fixing the bushes and discovered rust under the front sill I picked away at this and it is now a dirty rotten hole.
The car was MOT'd in August 2007, and I fail to see how it passed.
By the sound of it the car had been M.O.T'ed 5 months earlier - a lot can happen in 5 months!,wheel bearings are just normal wear and tear,you would'nt know if you had a wheel bearing problem unless it was roaring at you whilst on the move but someone inspecting the car whilst off the ground would feel a slight movement or small noise from it.rust - can be anywhere and is par for the course on a second hand car.Did the seller advertise the car as "as good as new" or "in virtually brand new condition"?.Did the seller also advertise the car,mentioning all the points you've a problem with as in good condition?.Why did you not inspect the car - i'd imagine your answer will be " i live too far away" or "i did'nt have time".I personally,don't think you've a leg to stand on,unfortunately you should have inspected and viewed it - you did (i would imagine!) have the opportunity to?.Sorry to sound a little negative but i have sold a vehicle on E-Bay,i described it to the best of my knowledge,the buyer came around and i allowed him to test drive (should'nt have done really as in any auction all viewing testing has to be done before the end of the auction!.) ,he asked where the nearest cashpoint was and disappeared into the sunset never to be seen again,resulting in my wasted money listing it and my wasted time
I guess the lesson here is to never buy a vehicle unseen!.
I completely agree. It's not the norm for me to ever do anything like this. I always look at cars first.
The wheel bearings I agree with, but sills don't rot through to that extent in such a time, not do bushes decay to the state they are in. There is no way it would have passed it's MOT in August. None.
The worst thing is that I've been in the trade for a number of years, hence why I feel like such a prize pillock now.
I think you can go to the VOSA/MOT website and report it if you think an M.O.T is a bit moody,and i believe they investigate reasonably thoroughly.P.S i did'nt realise when i posted that you bought from a dealer,unfortunately though ( i believe!) its still seen as a "Trade,sold as seen" deal if its through an auction though i could be wrong.Good luck!.
if you look at the ebay listing it does say down the bottom CLAIMING there are no noises, I would print it ALL off and see what TS would say about it. whilst you should of test drove it i agree BUT there might be sommit in the distant selling regs that could poss help
If my advice has been helpful please feel free to click on my scales :grin:
you have loads of rights to fall back on sold as seen is not a recognized legal term it has no basis to cover the dealer the sale of goods act states the goods must be fit for purporse even a second hand car is covered by this the only way they could sell a car what is knackered to use laymans terms is to sell it for spares or repair
This is a used car - R reg - 11 years old and you bought it for less that a thousand pounds.
What are you really expecting here? if you wish to avoid all of the problems you seem to have try visiting a Ford dealership and purchase a brand new one for £8500 .
This is a used car - R reg - 11 years old and you bought it for less that a thousand pounds.
What are you really expecting here? if you wish to avoid all of the problems you seem to have try visiting a Ford dealership and purchase a brand new one for £8500 .
BE a little sensitive please, we have ALL made mistakes of one nature or another. CAG is here to help not to condone people!
If my advice has been helpful please feel free to click on my scales :grin:
Has anyone got a decent letter I can send to the trader...
I have also notice he has started trading under a second eBay ID.
have you complained to ebay yet? at the end of the day the item sold did NOT match the decription, whilst yes bearings can go fairly quickly, bushes don't. the prob here is the person who MOT'd the car, it is down to thier personal view if it passes or fails, NOW it this place is a garage that sells cars they will only use 1 garage to do their mot's (cut price) on that point speak to VOSA (back of mot cert)
other thing is i assume this was paid for by paypal, can you not claim it back via paypal? buyer/seller protection thing they have.
these are couple simple things to look into. you need to start from the bottom and work your way up. ie if you contacted TS they would tell you to contact place where u got car from 1st, you can't unfortunatly jump the gun.
If my advice has been helpful please feel free to click on my scales :grin:
This is a used car - R reg - 11 years old and you bought it for less that a thousand pounds.
What are you really expecting here? if you wish to avoid all of the problems you seem to have try visiting a Ford dealership and purchase a brand new one for £8500 .
All I expect is for the description to be accurate. I don't expect to be mis-lead
Why did you pay in full, most you should pay at the end of the auction is 10% then the rest on collection after inspection. If you find faults that were not declared then you you negotiate a reduction.
I have bought and sold a few vehicles on Ebay. the best way to buy is not to pay anything at all untill you have seen it, then haggle! or see the car before bidding if you can.
As for selling get as much paid up front as possible, people will still try and knock you down even though they got a bargain.
Its the same as real auction. let the buyer beware! caveat emptor.
"I have bought and sold a few vehicles on Ebay. the best way to buy is not to pay anything at all untill you have seen it, then haggle!"
E-Bay is an auction site,not a car sales lot,your winning bid is legally binding ,the advice given above is why E-Bay is getting a bad name.If i sell a car on there i will always want a deposit (£50) from the winning bidder - it makes sure they complete the deal!,i always invite bidders to come and view BEFORE bidding - i don't care if a bidder lives 200 miles away and say they can't come and view -bid on somethin closer!!.I bet the OP of the above advice would get the right hump if he sold a car on there and the buyer then tried to "haggle" on pick up.:o
As stated above, sold as seen has no standing against your consumer rights. That said, a dealer selling a vehicle has a legal obligation to ensure that the car is roadworthy prior to sale. If there is anything on the car that makes it unroadworthy then the seller has a duty to correct it or refund the full cost of the vehicle.
Read the link to Trading Standards carefully , it gives a lot of good information, such as:
Internet auctions Most Internet auctions only provide the site for the auctions to be held and, therefore, are not generally liable for the goods bought and sold. It is preferable to check the terms and conditions of the website for full details. You have the same basic rights against a trader as you do with any other purchase, although auction sales are exempt from the Distance Selling Regulations. You should also take note that your statutory rights cannot be excluded when buying from a trader through an Internet auction
Why did you give him a 'positive' feedback and say your were well pleased?
Trading Standards wants your help
Dubious website businesses Conterfeit alcohol and cigarettes Illegal sales of alcohol, tobacco, knives & fireworks to children Cowboy builders or tradesmen Car clockers Counterfeiters Aggressive selling
Never phone or accept phonecalls from debt collection companies.
If you don't believe you can win, there is no point in getting out of bed.
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Why did you give him a 'positive' feedback and say your were well pleased?
If you weren't happy you should have let them know before leaving fback.
Also if you paid via paypal, you are only protected for payments upto £500.
I've only sold one car on ebay and that was my last car, I gave the opp for people to come and inspect it, but no one wanted to, as I put all the pictures I could of it on the ad incl the rust and any damage, so people could see what they were bidding on. It sold for over a grand and the girl that bought it came out and test drove it with her dad and he looked it over before we took it out, I explained where I had it serviced and he used to work at the same place years before, so he knew the standard of their work. Took it for a drive and she liked and she paid me a two hundred deposit which we agreed on the day, via paypal. And then she paid the rest in cash on the day I dropped it off to her. But in the time between paying the deposit and her paying the rest of the money, the car sat on my drive, not moving. Until I took it to her.
Sorry to be down on the paypal thing.
If what we say helps you, then please tip the scales.
bloody hell, if it passed the mot then the seller has completed his legal obligation, as it was 5 months since mot a lot can happen. as a seller you shouldnt have to put a car through a full service before selling it thats what mots are for. i sold a car on ebay not long ago got £160 for a very nice little car that was making a funny noise when driven. i emailed the bloke after he got home to make sure everything was ok and he said he just changed a transmitter and its running like a dream now..... can i ask him for more money now cos its a much better car than i thought?
bloody hell, if it passed the mot then the seller has completed his legal obligation, as it was 5 months since mot a lot can happen. as a seller you shouldnt have to put a car through a full service before selling it thats what mots are for. i sold a car on ebay not long ago got £160 for a very nice little car that was making a funny noise when driven. i emailed the bloke after he got home to make sure everything was ok and he said he just changed a transmitter and its running like a dream now..... can i ask him for more money now cos its a much better car than i thought?
In this case, the seller hasn't actually completed his legal obligation unless the car is roadworthy. As a business seller, ie dealer, he is legally obliged to ensure that the vehicle is roadworthy before he sells it. A car having an MOT is no guarantee that it is roadworthy as, like you said, "it was 5 months since mot a lot can happen". If the car was not roadworthy when it was sold then the dealer has an obligation to repair the defects and make it roadworthy or refund the buyer in full.
MOT's are really just an annual check to assess the oradworthiness of a vehicle. If you get stopped by the police and they find on checking that your car has defects that make it unroadworthy you will still get done for it. Saying it has an mot is no defence.
eBay Car Sale Gone Bad.
in mid-December, without viewing it first and trusted the description and feedback of the seller - which was 100% at the time.
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Originally Posted by John Atkinson
