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

[letsmakeamark]

Maybe coniff is viewing from another angle.

[Conniff]

I am viewing from the statute as laid down in consumer regulations and approved.

 

I'm still waiting to hear what the DVLA has to do with selling cars.

[Mountain]

Conniff,

 

What's your opinion on sending a written objection to the set aside? With the garage bills and recovery documentation of course.

[Conniff]

I would definately try and get someone to do my duty for me or swop a shift even if it cost me a few pints.

 

As Buzby take his Scotch pie and Iron bru and sits in the courts public gallery, he would probably be in a better position to say than I, but there is no doubt that a personal appearance will have a lot more going for it than a letter especially if the judge want's a bit of clarity on something.

 

If there really is no way you can make it, then get a strong apolgy in the first paragraph and make it seem as if it could mean life or death for some poor sole for you to take time off from the hospital.

[Mountain]

http://www.consumeractiongroup.co.uk/forum/legal-issues/263901-will-i-have-pay-2.html

 

Basically, I have a very specialist job- there are only 3 people qualified to do this in my region. The other two are off for the forseable near future. I commited myself to cover this time.

If I don't show procedures get canceled, waiting lists go up, the department suffers financial penalties and funding gets pulled....and that pays for me!

 

Buzby reckons no chance if I don't show.

 

Anyway...must go. Up in 5 hours:eek:

[Conniff]

You certainly have a chance, it's not a dead cert be all and end all if you don't show. If you have a good enough excuse as you have said above, then it should be rescheduled.

[qwerty909]

Okay, I will send a reply today stating that nothng they have mentioned in their letter makes any difference to the Terms of Contract under the SOGA.

 

I will again repeat me request for a refund,repair or replacement.

 

Anything I should add?

[flub1976]

Letsmakeamark please check your statements out. There is not now nor has there ever been a requirement to register with DVLA as a "trader" The 6 Car per year rule comes from a case law back in the eighties I beleive and it was ruled that a person buying and selling cars for profit is deemed to be trading in cars as a business and that any normal person would not buy and sell more than 6, this then became the benchmark for TS etc to say you were trading.

 

Secondly EBAY is not and never has been an auction it is simply an online market place set out in an auction format. Again shown in case law numerous time recently

 

Thirdly there is no sold as seen etc unless sold between two traders or two duly qualified individuals otherwise a persons statitory right would be infringed.

 

The issue of the invoice is irrelavent as ebay holds the details of the transaction and the description. The trader should lose in court but that doesnt mean he will roll over and pay.

[Mountain]

OK, back on this thread.

I now have the seller/trader's defence.

 

1. Reason for asking for set aside is....he was overseas when the judgment was served.

However, he managed to fly out of the UK on a date when all flights were grounded due to volcanic ash.

2. 'Sold as seen' is his main defence.

Of course I did see it, but as I do not have X-ray eyes I could not see inside the engine!

 

3. He states it is my fault the head gasket blew as I should have checked the water.

Actually I usually check water and oil religiously. At least weekly. However, the damage was done 4 days after purchase when it had a 'service'.

4. He claims to be a private seller.

However, he was bragging to me how many vehicles he used to import. He gave me a receipt on headed paper under his company name.

 

5. He claims he knew nothing about the cracked water pump.

I have printed off a question by him on an internet forum regarding engine noise from a belt 'colliding' with the vehicle's water pump.

 

I have...

itemised garage bills.

Vehicle recovery paperwork.

Print offs of his 'engine problem' questions.

email telling me I have no chance of winning the case.

 

Any tips in typing this lot up?

Plus, to whom do I address the letter?

[Mountain]

BTW Qwerty did you get anywhere with your dodgy dealer?