Bought a doddgy car,Private seller. What are my rights?!?

[julius]

Hi guys, as per title, I purchased a dodgy car. Want to know how I can get around getting my money and if small claims court is worth a shot. Here's my story:

Car advertised on gumtree as in "very good working condition". I go and purchase car to find. Take it for a test drive and all seems to be ok. Time to do the deal, look at log book and name of seller is not the one on log book but he tells me his doing it for a friend or wateva. So we shake hands do the deal and I drive off with my green little slip.

Now once on the motorway I start burning some rubber to really get those valves to open.Then with our london roads, you know, I get caught up in some serious traffic. Thats when my nightmare all began. The car breaks down for me.

 

Good thing i'd done my insurance and sorted breakdown cover as soon as I did the deal. Towed the car to a garage. The auto mac had a laugh at me. The problems were something else. I'll cut it all short, the car was basically set to drive ok'ish. Run it for 45mins or so all the devils come out. Car was rendered unsafe and not road worthy and not in a good conditon as advertised.

 

I get hold of the guy who sold me the car and gave him the breakdown. We speak and agree that he will refund me some money to get the car sorted. I did get the car for a bargain so with all the costs the mechanic mentioned, it all seemed preety reasonable to follow this root. So the seller tellms me to book the car in and he will sort money out in a day or 2. I have all this evidence in the form of text messages he sent to me using number used to advertise the car.

I bet you guesing what happens next?!? Yep, you guessed right, the dude turns his phone off and I havent heard from him. I recently got the log book with the previous owners address.

What are my rights here? Is small claims a path to attempt?

Thanks in advance for any advise given.

[reallymadwoman]

To succeed in a claim in court you would have to prove that the person you are suing knew that the vehicle was not in good condition. The previous owner could, quite rightly, deny having anything to do with the sale so it would be pointless suing him. You could sue the person who sold you the car and have at least a chance of succeeding, but do you know where to find him? Finally, winning a case in court is no guarantee of getting any or all of your money back, and it could end up costing you even more in court and bailiff fees which you never get back.

[wheelergeezer]

Contact the previous owner in writing. Send them a stamped addressed envelope and ask if they know Mr XXXXXX? who claimed to be selling the car on his behalf.

 

I will bet 100% you bought from a trader.

[julius]

Come to think of it mate, the address he gave me for collection was XXXX Garage on xxx road. The car was parked like in the front of the garage. At the back there were auto macs. Should I also send a letter addressed to XXXX Garage informing them of the car I apparently purchased from "their Garage"? I only got the dudes 1st name unfortunately.

[perplexity]

To succeed in a claim in court you would have to prove that the person you are suing knew that the vehicle was not in good condition.

 

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Wrong.

 

Goods for sale have to conform to description. [Sale of Goods Act, Section 13]

 

Whether or not a seller knew they did not is immaterial.

 

8-)

[julius]

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Wrong.

 

Goods for sale have to conform to description. [Sale of Goods Act, Section 13]

 

Whether or not a seller knew they did not is immaterial.

 

8-)

 

Thats great stuff. So should I now write to the last registered keeper informing him that I am taking legal action, claims court, as his "rep" as sold me an un-roadworthy vehicle that was advertised as been in good working condition? Thnaks for the responses guys!!!

[reallymadwoman]

The point was that the description was probably not given by the previous keeper, since he was not the person selling, hence pointless suing him.

 

Perhaps a word with your local trading standards might reveal if the actual seller had anything to do with the garage and whether they have had any other complaints. If he's doing this regularly, the chances are he's ripped someone else off too and they've complained to trading standards.

[perplexity]

Thats great stuff. So should I now write to the last registered keeper informing him that I am taking legal action, claims court, as his "rep" as sold me an un-roadworthy vehicle that was advertised as been in good working condition? Thnaks for the responses guys!!!

 

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Your complaint is against the person who sold you the goods. Wherever he got them from is his problem, not yours, except for the suspicion of a crime in which case a civil action lets him off the hook.

 

Since the The Consumer Protection from Unfair Trading Regulations 2008 all sorts of bad practices count as criminal offences and the liability is strict, which is to say that a misleading action or omission is the offence as such.

 

As was suggested before, investigate intelligently and then have a word with Trading Standards to demand that they enforce.

 

If you seek an opinion they fob you off to Consumer Direct.

 

Demand.

 

8)