Gumtree car faulty

[Teddybear154]

My husband wanted a 4x4 7 seater car. We had been looking for one for a while. I searched the internet to see what I could find. I looked on auto trader, ebay, preloved and a few other websites. I have always bought most of our other cars that we have had in the past from ebay and have never had a problem. We did look in the garages near us but none had a car suitable. I happened to look on gum tree and saw a car that looked perfect just what we had been looking for. It was a Mitsubishi shogun.

 

I was a little nervous though as I had never used gum tree before. I phoned the seller advertising that car and spoke to him for a while and he seemed a really nice guy. I then did a full hpi check on the car and it did not show up any thing. The car had not been reported stolen, it did not have any out standing finance etc. So I agreed to buy the car. He had advertised and told me that the car was in good condition, with no mechanical faults, had a good engine and was very reliable. I caught the train down with my husband and children to where this person lived which was nottingham. and the guy picked My husband up from the station. he seemed a nice guy.

 

He took My husband to his place and showed me the car. He said it was actually his brothers car not his. My husband had a look over it and it seemed ok so filled out the paper work and paid him cash. My husband then drove to the railway station to pick me and my children up.The train station was just down the road. After picking me and the children up we drove no more that a mile and the car engine stopped. My husband started the engine and tried again to drive but after a few minutes the engine stopped again. He re switched the engine on again and tried once more to drive the car and black smoke poured out of the engine and the car died completely. We had broken down in one of the roughest and dangerous parts of nottingham. It wasn't nice there were a lot of yobs and really rough looking people my children were terrified. My husband phoned the guy who we had bought car from and demanded he came out as we wanted our money back.

 

He seemed very apologetic but would not come out him self. He sent a guy who he said was his brother and that was the actual person who owned and was selling car. This guy came and he was not a nice person. he was rude, threatening and aggressive. we found out the radiator was empty because a pipe was broken. When we tried to ask this guy for are money back he got more and more aggressive. We got very scared and nearly called the police. My children were in the car terrified. During his screaming and very aggressive behaviour. he said he was not the other guys brother and that the other guy who we had spoke to was indeed the one who the car had belonged to and he was just a friend doing a favour. My husband told this guy to go, and eventually he went. We then phoned back again and again the Original person we had spoken to. But he would not answer the phone. So we had luckily taken out break down cover when I sorted out insurance for this before we came. So I called out the break down company which was green flag and they were excellent. The could not fix it at the road side and so out on the kindness of there hearts they towed the car back to there own private work shop and dismantled parts of the engine and replaced the broken pipe.

 

The charged the battery that seemed to be dead. Then Started the engine to check the car was working ok. But the engine warning light came on. and the engine started to smoke. They then looked again and found that the oil had been massively over filled and that there was twice the amount of oil that should have been there. The drained half the oil. And the tried Again and the car worked fine no engine light no black smoke. So we were able to drive the car home. We were very shaken up by the whole ordeal but relived to be able to get home. Once we did finally get home. I put my children to bed and both had nightmares and would not sleep. due to the whole ordeal. I want to file a claim for some of my money back through the small claims court. But the guy who sold me the car only told me his first name and his mobile number. I have looked over the paperwork this morning. And one of the pieces is a letter from the dvla which you need to get car tax. It is a very recent letter but it states a different name of car owner. than the guy who we bought car from and who filled out the V5 form. It has a address also which is a address in nottingham. This has got us worried what should should we do. Does this sound dodgy. Could it be that the name he gave us was his nickname that every one calls him and that this is his real name. or that he gave fake name to us and that name on letter is his real name. Or is that wishful thinking. Could the car be stolen. Even though he had V5 document and just not reported as stolen yet. Should we go to the police.

 

What should we do? also if the name and address is this guys could I file a claim at small claims court for this name and address. And what are the chances of being successful with claim I am so confussed and worried at the moment. No rude answer please I know we were probably stupied getting in to this mess and Don't need to be told this. any advice woould be much appreciated.

Edited August 10, 2011 by Conniff
Added a couple of paragraph spaces.

[MrShed]

It doesnt SOUND like a [problem] to me, purely because if that was the case I have no idea why they would then send someone out (a friend or whoever) to even entertain looking at the car.

 

The question is, what were your actual out of pocket expenses as a result of the fault? And, what was the exact wording of the advertisement regarding the mechanical state of the car?

 

Your rights are very very limited due to this being (apparently at least) from a private seller.

 

Worth noting that this is why with private car purchases, ALWAYS worth spending the £90-100 on an independant vehicle check before purchasing.

[Teddybear154]

thanks for your reply. At the moment I am most concerned about finding out if the car is legit and not stollen. As the lies and different names is worrying me. Should I go to the police. And get them to check it out. I don't want any thing to do with the car if it is stolen. Like wise I don't want the police banging on the door and saying the car is stolen and acussing us of stealing it in a week or so time. As I said I did a full HPI check before going to get car and it wasn't showing as stolen. But I am wondering if perhaps it just hasnt been reported yet.

[Conniff]

Check with the advertisers if they have the full name and address. They may not give them to you citing dpa, but if is any criminal activity that shows up in the future, then you would be able to get them.

[Teddybear154]

Hi, every one it has now been exactly 3 weeks since buying car and have not recieved V5 registration document. İ phoned dvla earlier today and thay said they had not recieved any paper work and that there system was showing nothing regarding car being sold. İ have had a look at new keeper suppliment that seller gave and it is water marked with DVL so İ think the sellers V5 was genuine. İ also checked the last mot test certificate that came with car and it is genuine. Dvla said to phone back in 2 weeks if have not recieved any thing. What should İ do should İ wait 2 more weeks. Should i go to the police. İ know i am probably being parinoid but if any one can put my mind a ease or sugest what i should do that would be great. İ don't care about the money i paid for car as it was't much. İ just want to know that the car is mine or if it is stolen i want to deal with it properly so don't get in trouble with police.

[raydetinu]

you have the new keeper bit signed by them?

they have the main bit where you signed as new keeper which has to go to the dvla. now if they have not sent it off they will get your parking tickets.

You have done HPI check and also your insurers would of checked so it looks promising, just have to wait.

[afcwben]

The V5 document shows who the registered keeper of the vehicle is, and it is not a document to indicate who owns the vehicle , if you have not recieved the V5 you can always apply direct to DVLA to get it. The important document is the reciept which is proof that you own the vehicle

[Surfer01]

Have you verified the engine/chassis number against the log book as plates can be cloned? Hopefully the car is running okay but wonder why they overfilled it with oil?

[Conniff]

Hopefully the car is running okay but wonder why they overfilled it with oil?

 

Some engines are slow draining, so this could have been an error.

[Teddybear154]

you have the new keeper bit signed by them?

they have the main bit where you signed as new keeper which has to go to the dvla. now if they have not sent it off they will get your parking tickets.

You have done HPI check and also your insurers would of checked so it looks promising, just have to wait.

 

İ have the new keepers supliment but that only has space for my detail there was no where for seller to sign. So its not signed by seller. But yes they have the main bit which both them and me signed. Should İ be worried that new keepers suppliment is not signed by seller. As i said the was not actually a place for them to sign

 

thanks

[Teddybear154]

The V5 document shows who the registered keeper of the vehicle is, and it is not a document to indicate who owns the vehicle , if you have not recieved the V5 you can always apply direct to DVLA to get it. The important document is the reciept which is proof that you own the vehicle

all i have is the new keepers supliment that seller gave me. They did not give me any kind of reciept. Should İ be worried. İ can prove İ took cash out of my bank account to pay for it. And İ have the train tickets still that prove İ went to the area where car was. İ also have witnesses who saw me with car on the day i bought it. Would this be enough to prove İ own car or bought it.

[Teddybear154]

Have you verified the engine/chassis number against the log book as plates can be cloned?

 

How do İ do this i did enter chassis number when doing the full hpi check would this have checked against log book.

 

Thanks