Bought a used car off Ebay, do I have any rights?

[killer-heels]

Hi, I recently bought a car from ebay from a man that although is a business is not a motor dealer. The car is described as "mechanically sound, with no knocks or rattles etc and has been well maintained, feels like a new car" However the car has major steering issues needing a new sterring column and rack, and new drive shafts and CV joints. I asked the seller when I bought the car if it was OK as I needed it to get my 6yr old to school and back and he assured me the car is "straight"

 

I have contacted the seller to say I am unhappy and he has offered to refund me £80! (the car was £1000). The advert states that a full or partial refund will be given within 14 days if goods are not as decribed. I have also looked on the internet and it seems to imply that when a car is bought privately, it is reasonable to assume the car will pass an MOT unless its being sold as scrap, aside from the mechanical issues, the car would not pass an MOT due to excessive chips on the winscreen and front lights (the owner is a rally entheusiast and I guess had been rallying the car)

 

The car is advertised as body condition being poor, where as it is worse than poor, it needs a full respray, and new bonnet bumper and 4 doors. The seller ensured the car was absolutely filthy when collected, thus hiding most of the damage.

 

Finally the ad also states that he is selling the car as he only bought it whilst his was off the road, and now no longer needs it, this isnt the case, he infact went and bought another car immediately after selling this as he had no car! As it is reasonable to expect a rally driver to have some knowledge of cars, and car not as described, do I have any comeback?

 

I dont have the money to get the car inspected or to repair it so am in a bit of a mess!

 

Yes I know, stupid me for buying a dirty car in dim light!!

 

Any advice would really be appreciated. Jx

[BankFodder]

Presumably you have his address.

If he sold the car to you in the course of business then you are entitled to the benefit of all of the sale of goods legislation.

However, even if it was sold privately, you would probably be able to argue that, as you say, it should be in MOT condition and driveable.

Most importantly here, you are saved from any doubts because of his auction description which definitely will be inorporated into the contract.

 

I suggest that you move very quickly here.

Send him a special delivery letter - referring to your earlier communications with him and confirm that the car is not as described in his auction and so you consider that the contract is at an end and that you want your refund.

Give him 5 days after which you will commission an inspection from the AA and you will expect him to pay for this when the matter is settled.

 

Do not let him take the car away without getting your money back or getting this report.

Book the appointment for the report immediately so that it can be carried out immediatley after the 5 days have passed.

Send him a copy of the report together with a 7 day LBA and then begiin a County Court claim.

Do not bother with any of this unless you intend to follow up your threats.

Do not be diverted by promises to get the car repaired, larger refunds or anything else at all. The seeler knows about cars and he will probably be glad that he has gotten rid of it. If you get involved in repair agreements, this thing will drag out for months and also he will be able to argue that you eventually accepted the car in its condition.

The conditions which have I laid out above are the only conditions you will accept.

Do not drive the car. Do not leave it on the road. Store it away somewhere until the matter is settled.

 

Report the matter as a dispute with Ebay. Give him negative feedback immediately. At a certain point in disputes, Ebay prevent feedback being given.

[killer-heels]

Hi, thanks for the reply. I do have his address and he definately didn't sell it as a business sale, he is an antique dealer. The car was his son's who is a rally entheusiast, so surely knows something about cars.

 

I have been in touch with him, and he advises that the car is sold as seen - buyer beware.

 

The problem I have is I spent everything I had on the car, and cant afford to get reports etc done on it, but desperately need it safely on the road to get little one to school and back, I have used it the past few days (driving incredibly slowly) to get him to school, and then parking it up (littles ones dad collects him from school)

 

I have read that is may also be illegal to sell an unroadworthy car??

 

Am I able to post the ebay item number (it was a buy it now and not an auction)??

 

Thanks again Jx

[Bookworm]

"sold as seen" has no basis in law and is an attempt to restricy your statutory rights, in other words, he's just trying to fob you off. Your argument is that it is not as described, full stop.

 

Follow BF's advice. Otherwise, you're wasting your time.

[BankFodder]

WQell try starting the action without the report. It will be more difficult, but threatening and starting the action is your only way forward.

If you don't get the report then make sure that you do a very detailed statement yourself about the car's condition.

Take it in for an MOT and see what it fails on. That would be very useful evidence as well.

I don't think that there is anything else I can advise.

You seem to be dealing with someone who was anxious to get rid of the car and is prepared bluff you out on the basis that in the end you will just go away.

The only response is the one which I have suggested

[killer-heels]

Thanks, will follow advice, I really appreciate it.

 

Just one further query as I can get an MOT booked for about £20, and that will give me all the mechanical issues, BUT car has current MOT until December, so if it fails a new one (which it will) will in invalidate the current MOT?

 

Many Thanks, Jx

[Its WAR]

How on earth did it pass the MOT only 3 months ago? Can you take it back to that particular MOT station and pick their brains and get some history assuming they have MOT it for a few years.

[BankFodder]

Thanks, will follow advice, I really appreciate it.

 

Just one further query as I can get an MOT booked for about £20, and that will give me all the mechanical issues, BUT car has current MOT until December, so if it fails a new one (which it will) will in invalidate the current MOT?

 

Many Thanks, Jx

No it won't - but as you are going to stop driving the car immediately, it won't be relevant to you, will it.

 

You will prejudice your position if you use the car.

I know that this may all seem hard but it is only fair to say that you managed to get into this hole and you aren't going to get yourself out without some sacrifice to yourself.

[killer-heels]

Have had email from the seller:-

 

Our solicitor advises that, as you test drove the vehicle, there is no case to answer. The offer of £80 still stands until 17th March but you will be required to sign a receipt in full and final settlement.

 

Never buying a car on my own again!!

[killer-heels]

How on earth did it pass the MOT only 3 months ago? Can you take it back to that particular MOT station and pick their brains and get some history assuming they have MOT it for a few years.

 

Car is ex police car, all I can see from the MOT and log book is that there is one prev owner which is Northumbia Police, guy I bought the car from bought it on 2nd December, the MOT is dated 1st December. I can only assume that the damage has been done since its MOT, as I mention he is a rally driver, so I guess not suprising that he may have been rallying in it (its a 2.5 V6).

 

Jx

[Bookworm]

Have had email from the seller:-

 

Our solicitor advises that, as you test drove the vehicle, there is no case to answer. The offer of £80 still stands until 17th March but you will be required to sign a receipt in full and final settlement.

I doubt very much that he has spoken to a solicitor, and if he has, that the solicitor told him such a thing. I think he is trying VERY hard to convince you to take £80 and go away. What do YOU think?

[Bookworm]

I suggest you sent him a letter very quickly saying as per previous conversations, you are rejecting the car under SOGA 1979 as "not as described", and tell him you want full refund of monies paid and collection arranged at his expense within 7 days. Don't let him browbeat you into anything else.

 

Do NOT use the car. Every mile you add to it, you are weakening your case for rejection.

[gyzmo]

It is also worth checking his other listings to see what he sells - you can also see what he's buying I believe via Goofbay.

 

Whether he is selling in the course of a business is a matter of fact - not just because he says he is or is not.

 

It will also be worth contacting Consumer Direct on this, as I understand that are after info on dealers who pretend to be something they are not (and vice versa).

 

To be honest, Killer, your post sounds almost like a student question!

[raydetinu]

To be fair, although you won it on fleabay, I pressume you did not actually pay for it until you had seen it and drove it, so the main responsibility must be down to you, seller is not liable for overall quality of the vehicle, caveat emptor etc. The only comeback is that it is not as described or it transpires it is unroadworthy. it looks like you may have to take him to court on that one, but keep plugging away as advised.

[killer-heels]

Hi, what does a student question mean? if it helps anyone, the item number is 200316114368.

 

I really appreciate all the help from everyone, its really nice to have the support and opinions. Jx

[gyzmo]

My apologies for causing any confusion or annoyance.

 

Law students get "scenario" questions to answer. Your problem looks like one in that it involves quite a few aspects of contract and consumer law.

 

I used to be on a forum where law students would pose the questions set and expect others to answer it for them. On getting a "work it out yourself first" reply, they would then pretend to be a consumer with a real life problem asking for help!

[killer-heels]

Hi, no definately not a student (wish I still was though!) lol. I have posted the auction number so you can see its genuine

 

I have today sent a letter as advised on here, so now just got to wait.....

 

Jx

[Darwin]

just a couple of things to be noted , the auction finished march 3rd its now the 8th may , if the steering was a bad as you say , why didnt you notice it when you test drove the car ?

 

when did you first notice the problem and when was the work completed ?

 

 

You gave him good feedback , before you were happy , why ?

 

You are selling Mondeo parts on ebay and stated you have sold the car , have you ?

Edited May 8, 2009 by Darwin

[gyzmo]

just a couple of things to be noted , the auction finished march 3rd its now the 8th may , if the steering was a bad as you say , why didnt you notice it when you test drove the car ?

 

Possibly because the original post was on the 10th of March...

[Darwin]

Possibly because the original post was on the 10th of March...

 

 

DOH ! , ok I am an idiot ........ sigh .......... it official.

[gyzmo]

I've replied somewhat more belatedly to other posts -you're not the first and certainly wont be the last.

 

But yeah, I feel an idiot when I do it too!