Sold car in p/x with another car now the trader threaten legal action.

[invisi6le]

Hi, I p/x my vehicle with another car. Our car was driving ok. We did not advertise great runner etc. The person we did p/x drove a car (4x4) like a boy racer ragging it and found a fault on it then our deal was cancelled. After 20 minutes he rang back and said he will have it in faulty condition but we had to pay more money in p/x. Deal done we got the car.

 

After driving we worked it out it was only doing about 18 mpg where seller stated in listing 2.7 TWIN CAM PETROL ENGINE UPTO 40MPG (PROVEN). This was the only reason for getting this car as it was listed giving good milage.

 

I contacted seller to let him know about bad milage and pointing a fact that he is a trader and posing a private seller on the Ebay as he filled the trader section in V5 also he has got more cars to sell on Ebay. So i contacted him through making an offer on the car we bought as i was also listed. Please read below message which i sent.

 

This is for record purpose we have bought this car. It does not do 40mpg description mislead and you are a car dealer and posing as a private when you are a trader which is an offence. See trading standard website. Churchill does not insure this

 

Today he replied my message back please see below

 

"You are also a dealer you have many items on ebay, the gearbox has dropped out of the freelander because of the top mounting was broke, i will send you the bill, when you buy any car you have to buy your insurance you had details 3-days before so the bill will be forwarded to you, you are a liar telling me the noise wasnt there when you drove it when clearly it was

The Hilux does if you put a gallon of petrol in the hilux it does 40 miles. you are also trade if not, you have sold a vehicle that was dangerous to drive it could have killed me because the gearbox dropped out whilst driving luckily i wasnt on the Motorway, dont worry i will be taking legal action dont worry you haven't pulled a fast 1 like you think you have."

 

I sent him this message back.

 

"Hi . Lets just look at the facts. We saw the hilux and bought it on the prediction that it did 40 miles to the gallon. So far i have found it to be doing 18 MPG urban driving.Also i have been having long chats with the owner of this car before you bought it from her and she said the same. If we are mentioning legals can i mention that the sale of the freelander to you in part x for the hilux was one of a very aware deal. You have to consider the fact that we have all texts and phonecalls recorded of your awareness of any problem with the freelander that is why we agreed your terms of paying the extra money to you with view that you knew what you were buying as we recommend viewing before you buy. I am 100% genuine in telling you the freelander was fine with me driving it. you made it worse the way you drove it like a boy racer , obviously as i drive differently it wasnt noticable. You found the fault yourself when you bought it that is why you asked more money. Lets also mention you didnt buy our vehicle from ebay we bought yours in part x , so we have legal reference to your ad. Also as afore mentioned you are a trader, you signed the trader section on the v5 , you advertised privately posing as a private seller is illegal as you didnt put the car in your name when you sold it which of course it should have been if you were not a trader. Going back to the points about ownership of the car. My dad is on the log book nothing to do with us been traders, it was a personal situation between me and dad. In the car you asked how long we had owned it i told you since january as i also told you the garage we bought it from we were still in contact with. With regards to any other discrepancy you have with the sale of the car i will be happy to give you the name and address of my solicitor and you can correspond furthermore with him. Just think before you send us a bill for work you knew that car needed prior to the deal we made. The law is on our side, not yours.kind regards".

 

Can anyone of you advice on this where i stand on the ground of law please?

 

Thanks to all.

[invisi6le]

Any advice?

[stevo7790]

Hi there,

 

I don't mean to be funny, but how many 2.7 litre engines return 40mpg?

 

One thing you must do before buying any car is research it, and then do a thorough check of the car it is your buying, wherever it may be from.

 

To me this whole thing looks like hand bags at dawn and are nit picking for the sake of it.

 

Did you get a receipt for the sale or p/x? as word of mouth unless recorded is pretty pointless.

 

You could always re swap the cars including any monies paid and that will solve the issue, as for the gearbox falling out... pretty hard to imagine that as it cause a lot of damage and pose a danger to other road users.

It sounds as if he is putting the frightners on you as your digging at him.

 

I don't think there is a lot you can do other than accept you made a mistake and learn from it.

 

Anyone else thinking the same?

[invisi6le]

Hi there,

 

I don't mean to be funny, but how many 2.7 litre engines return 40mpg?

 

One thing you must do before buying any car is research it, and then do a thorough check of the car it is your buying, wherever it may be from.

 

To me this whole thing looks like hand bags at dawn and are nit picking for the sake of it.

 

Did you get a receipt for the sale or p/x? as word of mouth unless recorded is pretty pointless.

 

You could always re swap the cars including any monies paid and that will solve the issue, as for the gearbox falling out... pretty hard to imagine that as it cause a lot of damage and pose a danger to other road users.

It sounds as if he is putting the frightners on you as your digging at him.

 

I don't think there is a lot you can do other than accept you made a mistake and learn from it.

 

Anyone else thinking the same?

 

Right how come i made a mistake? My car was working fine when he had a test drive he was using throttle a lot pressing it really hard and it made knocking/clanking noise. He he cant take this then i said no problem we will take it to garage to repair the fault just has occurred. Suddenly he said he will take with fault if we give him more money as i was already giving too much on top i said no then he rang me and sent text and finally we bargained it down. He gave me receipt states sold hilux in p/x with freelander + Cash £££. No warrenty or refund given sold as seen.

 

I know i can offer to re-swap but what if he has done something really wrong to my car or swap any parts?.

 

I just want to know if this case does go to the court what are the chances? Thank you

[invisi6le]

Is anybody here who can give me proper advice please?

[queensclose]

Cut your losses. Forget it. Your only problem is the mileage. You could have checked with parkers before buying. The other guy. Well you didn't know there was a fault with the gearbox.

[invisi6le]

Cut your losses. Forget it. Your only problem is the mileage. You could have checked with parkers before buying. The other guy. Well you didn't know there was a fault with the gearbox.

 

I don't need to check this if I'm buying as advertised. According to the Trading standard seller are liable or their description. As for that other guy who claiming faulty gearbox i assume it's his fault as he took more money from me and took car with unknown fault as he said he will get it repaired.

 

My concern is just to know if I'm in the better situation to stand on grounds? Another thing is he said it's registered as T reg but in reality no insurance can find this as it's not registered properly ring VOSA they said they have got a record but just Make Toyota and engine 2.7 no other things model transmission etc. They advised to contact with Toyota to issue you a model certificate then post that to us.

 

Seller also said he was insured with Churchill but Churchill said they do no insure these cars.

 

The main thing is he threaten me for a legal action for selling my car in bad condition but in reality it was fine and made noise the way he drove and he said it will be some work and too more money from me. I bought his car giving him my car and cash that's what it says on invoice anyway.

[invisi6le]

took*

[queensclose]

I agree with you. If it was a cash deal then fight but with the factors with this deal you have to weigh up the odds. And it's sounds like this guy is used to ripping people off

Sounds like you got a grey import

[invisi6le]

I agree with you. If it was a cash deal then fight but with the factors with this deal you have to weigh up the odds. And it's sounds like this guy is used to ripping people off

Sounds like you got a grey import

 

I don't to create any hassle. Just want to know my position if he threaten me and ask more money then can i take him to the court and want to know my chance of winning. We didnt sell him a car we bought his car and gave our car and cash in p.x he found car to be faulty then asked more money that was the end of deal. Now he said he will be sending bill for the repairs. WTF???/ I'm not liable for any bills. Can someone with vast knowledge seriously advice me thanks

[Dragons Dennis]

My oh my, what a mess.

 

The dealer has no come back against you at all. He drove the car, pointed out it was faulty and accepted it as a trade in at lower value with the knowledge of it being faulty. You have no financial responsibility at all for his expenses or repairs on that car. In court, he would lose.

 

You do have some come back, the car isn't capable of 40mpg but then again, show me a 2.7 Hilux that is and I will chew my own arm off. You should have researched what you were buying a little better.

 

Not being able to insure it? How did you drive it home then? Again, your job to get quotes and insurance before you drive it. Dealer is right on that one. Fancy a £200 fine and 6 points when the dealer reports you for driving the car away uninsured?

 

You could report this dealer to trading standards and that is about it. False claim in listing (40mpg) and failing to disclose he was a dealer. However, you could and should have walked away.

 

I see no reaslitic prosepect for you with this case at all other than to cut your losses, sell the Hilux and look for a Corsa 1.0 if you actually expect 40mpg. If you are considering taking the dealer to court, I wouldn't bother.

[queensclose]

report him to trading standards as a trader posing as private seller. and good measure TO HMRC. if hes a trader they'll want there cut. they will be more interested if he is claiming any benefits..

but at the end of the day your readdress is very limited

[invisi6le]

report him to trading standards as a trader posing as private seller. and good measure TO HMRC. if hes a trader they'll want there cut. they will be more interested if he is claiming any benefits..

but at the end of the day your readdress is very limited

 

Thanks for all the advices.

[invisi6le]

My oh my, what a mess.

 

The dealer has no come back against you at all. He drove the car, pointed out it was faulty and accepted it as a trade in at lower value with the knowledge of it being faulty. You have no financial responsibility at all for his expenses or repairs on that car. In court, he would lose.

 

You do have some come back, the car isn't capable of 40mpg but then again, show me a 2.7 Hilux that is and I will chew my own arm off. You should have researched what you were buying a little better.

 

Not being able to insure it? How did you drive it home then? Again, your job to get quotes and insurance before you drive it. Dealer is right on that one. Fancy a £200 fine and 6 points when the dealer reports you for driving the car away uninsured?

 

You could report this dealer to trading standards and that is about it. False claim in listing (40mpg) and failing to disclose he was a dealer. However, you could and should have walked away.

 

I see no reaslitic prosepect for you with this case at all other than to cut your losses, sell the Hilux and look for a Corsa 1.0 if you actually expect 40mpg. If you are considering taking the dealer to court, I wouldn't bother.

 

Thanks for advice. I'm actually insured and driving i had to change insurance