Ebay Car purchase (Trader) Needs new engine after 10 weeks

[letsmakeamark]

Did you get a receipt ?

[qwerty909]

Did you get a receipt ?

 

Now, this is where I may have a problem. I did get a receipt, not on headed paper, just handwritten. However, it appears to have now been lost.

 

Paid £200 deposit via paypal and the balance in cash. Big Problem??

[letsmakeamark]

If i am right then your time for making sure the goods were of a satisfactory condition has passed. Where you mention the first problem the seller has a defence of goodwill. He can easily say he did it as a gesture of goodwill and so on. Again the sellers defence will be the same by saying he sold the vehicle as seen. For a start you will the receipt. Also a copy of the e bay listing . Also if you want to give the trader some grief then you can report him to dvla for not being registered as a trader as any more then 6 vehicles in a year and you have to be registered with them. Also drop a note off to hm customs notifying them of his business. Chances are he is avoiding tax. Also personally take the hit and write it off as a bad experience.

[Mountain]

Qwerty,

 

I too have an expensive driveway ornament that I cannot afford to repair.

 

Put a moneyclaim claim in ASAP. At least you have a chance...I bet you will get nowhere with this dealer.

 

Also if you want to give the trader some grief then you can report him to dvla for not being registered as a trader as any more then 6 vehicles in a year and you have to be registered with them. Also drop a note off to hm customs notifying them of his business. Chances are he is avoiding tax.

 

Interesting!

Is it possible to see if a dealer is registered with the DVLA? How would I report one that's not?

 

Ditto for hm customs?

 

And a hypothetical. If it did arise that a dealer was not registered with the DVLA would it be a good idea to inform the court of this?

[Conniff]

Correct me if I am wrong, but what has selling cars got to do with the DVLA?

[qwerty909]

Looks like I have nothing to lose really, so will send the final letter before action tomorrow. Is moneyclaim.gov the best/only way to proceed?

 

Looks like I have a fair bit of reading to do over the next few days.

[Mountain]

Looks like I have nothing to lose really, so will send the final letter before action tomorrow. Is moneyclaim.gov the best/only way to proceed?

 

Looks like I have a fair bit of reading to do over the next few days.

 

It's very easy. You just fill in an online form and pay online.

 

Just be specific about what happened and when.

 

The dealer will be sent this and given 2 weeks to respond, or he can ask for 2 more weeks to do this.

 

The forms will be looked at by a judge who will make a judgment. Or, if the dealer does not respond the judgment will be entered against them by default.

 

If he does not pay after the judgment is served use the hoigh court enforcement officers...he'll be responsible for all their costs too.

 

Mostly that's enough for them to cough up..

 

However if you have a particularly slimy rip off dealer like mine they can ask for a set aside.

 

I'll let you know how that goes!!!

[letsmakeamark]

Qwerty,

 

I too have an expensive driveway ornament that I cannot afford to repair.

 

Put a moneyclaim claim in ASAP. At least you have a chance...I bet you will get nowhere with this dealer.

 

 

 

Interesting!

Is it possible to see if a dealer is registered with the DVLA? How would I report one that's not?

 

Ditto for hm customs?

 

And a hypothetical. If it did arise that a dealer was not registered with the DVLA would it be a good idea to inform the court of this?

 

 

Come on people. I thought you lot knew this ? If a person sells 6 or more cars a year he has to register with dvla as a seller. If he doesnt then thats how he gets away with avoiding tax. You have to be sure he is selling more than 6 cars a year. While you are at it also notify the local council trading standards as well. Do you have a name for him and details like that ?

[Conniff]

Come on people. I thought you lot knew this ? If a person sells 6 or more cars a year he has to register with dvla as a seller. ?

 

I didn't know that, can you post a link to that regulation please.

[Mountain]

Well the hm customs is easy you can do an anonymous tip off online:)

 

Trading standards next then.

[qwerty909]

Come on people. I thought you lot knew this ? If a person sells 6 or more cars a year he has to register with dvla as a seller. If he doesnt then thats how he gets away with avoiding tax. You have to be sure he is selling more than 6 cars a year. While you are at it also notify the local council trading standards as well. Do you have a name for him and details like that ?

 

I did not know this 6 cars per year thing?

 

He sells at least 6 per month on ebay, £90k turnover in last 3 months on ebay alone, has over 10 cars on autotrader now. I would not class him as a "dodgy" dealer and would be surprised if he is avoiding tax. He has Trade plates. I have his name address, telephone numbers etc.

[Mountain]

You can bet he sells his 6 cars per month as a faux 'private seller'. i expect that 90K did not go through the books and he probably makes a 'small profit' through his front business.

 

You paid a deposit via paypal and the rest cash...need I say more?

 

Don't make up excuses for this man, he sold you a faulty vehicle.

 

If you had bought anything else and it fell apart and was unusable within a few moths would you accept it?

 

Would it be OK for you to make 90k in 3 months and avoid the tax on it?

[letsmakeamark]

You didnt buy it from a trader in monarch **** medway ?

[Conniff]

letsmakeamark - can you post a link to the regs that say you have to be registered with the dvla please.

[letsmakeamark]

I will look for them will post when i find them.

[qwerty909]

You didnt buy it from a trader in monarch **** medway ?

 

No I did not.

 

I have just received a solicitors letter in response to my two letters. I will update the thread later with the detials.

[qwerty909]

Today I received a letter from a solicitor in response to the two letters that I sent.

 

To paraphrase;

 

We are instructed to act on behalf of.................and accordingly note our interest.

 

The car was sold via eBay auction site, you will note from the listing that the seller does not accept returns. Having said that the car was 52 plate and mileage was 114k.

 

The car was sold as seen, genuinely described....with regards the alleged defects he has no offers to make in respect of your car.

That's it. Quite brief. No mention regarding my request for refund,repair or replacement or the SOGA.

 

Does this now mean I have to send any further letters to the solictor? Or to both solictor and dealer?

 

Next step Final Letter then I suppose?

[Conniff]

The car was sold as seen,

 

Then he has not got a clue, if this is a genuine solicitor, he should know that 'sold as seen' is not a term that can be included into a car sale.

 

If you haven't found it before I do, I will quote from the regulations where it says so in black and white and you can make a paper dart from it throw it through his window.

 

It is in fact a criminal offence to say sold as seen in that context.

 

This is from Trading Standards:

 

Using the term 'sold as seen' in these circumstances may also be a criminal offence under the Consumer Transactions (Restrictions on Statements) Order, as it would be seen as an attempt to restrict a consumer's legal rights. If you want to use any disclaimers, either in contracts or in signs on the garage premises, it is best to seek advice from Trading Standards or your company solicitor first.

 

Edited June 17, 2010 by Conniff

[qwerty909]

Thanks again Coniff, this is what I thought. It's definitely a "real" solicitor. (Website, phone numbers all legit etc)

 

The letter just gives me the impression that they have not even thought about what I requested in my letter and perhaps they are just trying to scare me off with a letter from a solicitor on expensive paper.

 

Although at no point was "sold as seen" ever mentioned in the ebay ad or in conversation during the sale.

[Mountain]

Qwerty,

 

The more you let time pass the more he will say you 'had the car x months' etc.

I think you need to act fast!

 

However, I need to thank you as your thread has helped me out. I have noticed of the bottom of the company headed receipt I have it states 'sold as seen'.

 

For those in the know, would it be wise to include something like this in my letter to court.....?

 

 

Mr. Nobhead will no doubt argue the vehicle was ‘sold as seen’, a term he included on the receipt. However, he assured me the vehicle had no faults and it was therefore bought under this misleading assurance. The vehicle was certainly not of satisfactory quality although this was not apparent to me at the time of purchase. I have also sought advice from the Office of Fair Trading regarding the term 'sold as seen'. They state the following:

 

 

“Using the term 'sold as seen' in these circumstances may also be a criminal offence under the Consumer Transactions (Restrictions on Statements) Order, as it would be seen as an attempt to restrict a consumer's legal rights.“

 

Also, as the receipt is headed with the company name it will be hard for him to say it was a private sale wont it?

 

 

Sorry, to temporarily hijack the thread qwerty!

Edited June 17, 2010 by Mountain

[letsmakeamark]

Sold as seen means you have got the right to test the vehicle etc. However due to the nature of it. Nobody can guarantee a car which they are selling. If you get a receipt which states sold as seen then somewhere on the receipt it will state that you accept the terms of the sale. This is where you are stuffed. You need to find this out urgently. Did you sign anything when collecting the car ? Ie when you paid for it ?

[Mountain]

Looks like I'm stuffed then, I stupidly signed the receipt:mad:

 

I also have no more money to pursue this.

 

Once again justice is a commodity for the wealthy.

[letsmakeamark]

Looks like I'm stuffed then, I stupidly signed the receipt:mad:

 

I also have no more money to pursue this.

 

Once again justice is a commodity for the wealthy.

 

Was the car advertised at one price and sold to you at a lower price ?

[Mountain]

No. Bought at asking price.

[Conniff]

Sorry but 'sold as seen' has no standing in law and to use it is an attempt to reduce at best and take away at worse the buyers statutory rights.

 

To use the words 'sold as seen' is a criminal offence which can be reduced to unlawful if it also states, 'this does not affect your statutory rights'.

 

Quite simply, sold as seen cannot be used except for what can be seen.

Edited June 17, 2010 by Conniff