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I am looking for some advice please. I wanted a van so i looked threw the autotrader and saw one i wanted to go and look at.
I went to look at a peugeot partner at a private house, it was an x reg so i expected the usual bumps and scrapes on a work van.
The van was tax and mot'd, the owner advised that the van had been in an accident and he had bought it back off the insurance as it required new bumper and radiator and the insurance did not deem the value of the van worth the repair so wrote it off.
The owner said that all the work had been done and his son had been using the vehicle past month as a work van. I paid £850 for this van cash and on the way home i was parked at some lights when i saw smoke rising up, initially i thought this was from the car infront so thought nothing of it until the car moved away.
So i proceeded on threw the lights so that i could pull over, when the engine cut out. I had to call out a recovery truck.
The head gasket and cylinder head had gone, due to whoever fitted the radiator had not fastened a pipe properly nor clipped it to hold it in place. So the water had burst out when the engine was warm and overheated and damaged the engine.
Upon taking profesional advice i was told this van would never have been used as a work vehichle as this would happen every time the engine heated up due to parts not being fitted or clipped properly.
I do not no if the work was done by a garage or individual.
What i wanted to know was do i have any rights as a private buyer sold as seen basis.
Thats nothing i got a car from ebay that cost £4000 for a 2007 car and it had a 3 page list of faults after it had been bodged up after a accident and eBay seem more intersed in protecting the seller who happen to have had eight other eBay accounts and was selling cars all over the place.
Don't give in if you have been ripped off, keep chipping away at them so they don't get the pleasure of thinking they got away with a fast one.
Jesus and i thought my situation was bad. Did you not pay by paypal?
Thing is as a private sale i have no rights do i ??
Could bot believe it had happened, i took someone who knew about cars to check the obvious, but he cant check every single connection can he.
It must of happened to plenty of others?
Whats the answer only buy from forecourts and pay the extra. I have done this with an 03 plate astra which is running well but paid a lot for it.
When your young with kids you have a limited budget.
I bought one a few years agol that shouldnt of been on the road so i had to scrap it, everyone said flog it make your money back. I scrapped it as i couldnt do it to someone, in anything had ever happened.
yes your rights are limited as in these cases it is always caveat emptor, let the buyer beware; did you not road test it?
however the seller led you to belive it was roadworthy, what did the add say about its condition etc. (good runner, condition, no faults ) and the vehicle clearly was not.
You would have a claim as it was misrepresented and as such you could ask for your money back and I would think you would win if you took him to court.
Have you contacted the seller and told him what happened and that you want your money back? do this asap, and confirm in writing.
you may get something back, you dont know unless you try.
Many people think SOLD AS SEEN is the exclusion clause that allows them to basically tell you blind lies and get away with them - not the case.
I agree totally with Raydetinu regarding caveat emptor, but if they have deliberately misled you then as he says you have a recourse to sue under the tort of misrepresentation.
Short lesson on misrep.
there are 3 types - fraudulent - difficult to prove
negligent - easier to prove and the same recovery as fraudulent
Innocent - easiest to prove but little recovery.
I would lba the seller and tell them ahat you have had the car inspected by a qualified mechanic and he says that there is no way that the vehicle has been used since the repairs were done as they were done incorrectly. THerefore the sellers assertation that the van had been used as a work van since is misrepresentation. tell himIf you took that to court you would not only be entitled to your money back - but you would be granted compensation at the courts discrtetion and this could easily amount to much more than the value of the van.There would also be issuing costs to consider.
However you are not an unreasonable person and would be willing simply to rescind the contract - if he comes and removes the van from your property, and refunds you the entire purchase price plus whatever costs you incurred in getting it recovered you will consider the matter settled.
See what he says to that. If he declines - issue in the small claims court.
Opinions are offered in good faith based upon personal experience and research. Before making any irreversible decisions the opinion of a qualified, registered and insured legal professional should be sought.
If my advice or information has assisted you in any way - please click my scales.
thanks
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My friend who no's about cars sat in the passenger seat whilst the owner went round the block in it.
There were bumps and scrapes on the van as it is a work van, and had been in an accident and bought back off the insurance.
However he would not reduce price as he said that it was a great runner and his son had been using it for work past 4 weeks.
I bought the van 3 weeks ago, but in this 3 weeks i have been in hospital , college renewing my gas, and have also been ill. I have also had the van scrapped the other day as it was parked on the road so i was paying insurance on the van which is not cheap for me.
Does this effect things for my case?
I had the van towed to my house where a mechanic came out and told me this van had never been used for work since repair as everytime the engine gets up to temp the pipe would blow due to no clips and it not fitted correctly. Then the water will come out and it would overheat and do damage.
Do you still think it is worth doing something about?
Most unfortunate that you scrapped it stoney, I think the story ends there.
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He would be entitled to the van back or give you a reimbursement less the value of the van. The problem is how would you agree on a value? he could say that he could have fixed it for £20 and there is nothing now to show otherwise.
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.
_________________________ ________________ _________________________ ___________________
But it's like a murder without a body, very difficult to prove.
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.
_________________________ ________________ _________________________ ___________________
Not necessarily Stoney. Write and try bluff. How is receipt worded? If worded "As seen, tried and approved-no warranty given or implied" then you have little chance of recovery. Wording on receipt may be vital. A tip if you buy again- Take on good road test. If all seems OK, and you buy, then watch all gauges, warning lights and controls on journey back home. Any problems, and this is time to contact seller. Keep eye on paper to see if same phone number used in other adverts, as this may reveal an unlicensed trader, in which case you certainly have some comeback. Good luck.
Buying Vehicles Privately Sold as Seen
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