Car Purchased, faults revealed within 24hrs, any ideas?

[minimiser]

I purchased a car though ebay yesterday,picked it up last night and this morning the back tyre was flat and the petrol tank was leaking heavily. I am pretty sure the man is doing up cars from home but he told me he was dealing with the car on behalf of his friend " Coach Yard Autos" We got in touch with him and he has offered to replace the petrol tank and the back wheel but i really have a bad feeling about it and wondered if there is any way i am entitled to a refund as it wasn't sold in a safe condition and showed the faults within 12 hours of purchase. Many thanks in advance for any help

[Miki123]

Unfortunately you will need to speak with ebay. When purchasing cars on ebay until you have collected the keys and driven away you are still under no obligation to buy the vehicle if when you arrive to collect it that it is not as described in the advert. If the advert stated it had a slow puncture but had a smell of petrol/diesel then you have bought it with these conditions present. If there is no mention of any of these faults then its hard to try and prove that these faults were there when the car was purchased and havent occured since collecting the car and driving it home.

 

If you speak with ebay they may be able to speak with the seller on your behalf and come to a negotiation to split the cost, but, if the seller refuses unfortunately the "car is sold as seen" unless otherwise stated and the seller has no legal responsibilty repair or refund the car.

 

Sorry its not what you wanted to hear.

 

My suggestion, speak with ebay aftercare, ive dealt with them a few times on issues with ebay purchases and have found them quite helpful.

[edwincluck]

Unfortunately you will need to speak with ebay. ..

My suggestion, speak with ebay aftercare, ive dealt with them a few times on issues with ebay purchases and have found them quite helpful.

 

Personal experience is don't waste time with Ebay. It consistently fails to resolve wrongdoing, including even counterfeiting, an easily detectable crime.

 

However, do make a reliable back-up of the auction listing. It may be necessary to show this to a Court.

 

Ebay has a history of erasing listings when given evidence of wrongdoing.

 

I reported a counterfeiter to ebay. They immediately deleted the 'completed' auction listing for the item (even though it was important evidence of a crime). Ebay told me to resolve it directly with the seller and insisted that to do this, I must return the counterfeit item to the seller for his inspection.

 

Erm, nope!

 

I sent the item to the purported manufacturer. They kindly sent me an Official Report confirming that it was a Counterfeit. The Report was sent to Ebay who didn't dispute it, but insisted that I return the counterfeit to the seller. he is still flogging counterfeits on Ebay.. *sigh*

 

As for your car, I would approach Trading Standards. Explain that the seller claimed to be acting as an agent for a motor trader. As such, this looks like an attempt to circumvent the legal liabilities of the motor trader.

 

According to the CAB, "the dealer may have committed a criminal offence if they...pretend to be a private seller."

 

http://www.adviceguide.org.uk/index/c_secondhand_cars.pdf

 

More info on Honest John's website. Honest John is the former motoring correspondent for the Daily Telegraph. He has waged a long newspaper campaign on behalf of the motorist.

 

http://www.honestjohn.co.uk/faq/consumer-rights/

 

See also the Guidance on Unfair Trading Regulations from the Office of Fair Trading..

 

http://www.oft.gov.uk/shared_oft/business_leaflets/cpregs/oft1008.pdf

 

Falsely claiming or creating the impression that the trader is not acting for purposes relating to his trade, business, craft or profession, or falsely representing oneself as a consumer.

 

A second-hand car dealership puts a used car on a nearby road and displays a handwritten advertisement reading ‘One careful owner. Good family run-around. £2000 or nearest offer. Call Jack on 01234 56789’. The sign gives the impression that the seller is not selling as a trader, and hence this would breach the Consumer Protection Regulations (CPRs) "

Can you find proof that the seller is indeed "in the trade" and was not just a "private seller"? What does his 'feedback history' in Ebay reveal? How many cars does he sell "privately" every month?! Edited February 21, 2012 by edwincluck

[sailor sam]

Err, hang on a minute... the seller is offering to rectify faults which in my opinion are minor. So what's the problem? Also, where is the OP suggesting that the seller is pretending to be a private seller?

 

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[edwincluck]

the seller is offering to rectify faults

 

The buyer is entitled to a full refund.

 

The call is the buyer's.

 

Personally I would insist on a full refund. The motor trader has been deceitful by posing as a private seller. What other vehicle defects has he concealed?

 

If that full refund is refused, I would report the seller to Trading Standards. It is a criminal offence to pose as a private seller when in fact the seller is "in the trade".

 

Next, start County Court Proceedings to recover the losses. Ebay needs disinfecting of these rogue traders.

Edited February 22, 2012 by edwincluck

[sailor sam]

The buyer is entitled to a full refund.

 

The call is the buyer's.

 

Quite possibly but as I said previously, these are relatively minor faults which the seller is offering to put right. If these are the only issues, I wonder why the OP bought the car un the first place.

 

Personally I would insist on a full refund. The motor trader has been deceitful by posing as a private seller. What other vehicle defects has he concealed?

 

I ask again, where has the OP stated this?

 

 

If that full refund is refused, I would report the seller to Trading Standards. It is a criminal offence to pose as a private seller when in fact the seller is "in the trade".

 

Well again, we don't know that this is the case and the OP has only posted once so far. But if there were more issues with the car than what the OP has stated, then a formal rejection letter may be appropiate which would be the next step. As for the 'trader' posing as a private seller, then yes, I would report him.

 

Next, start County Court Proceedings to recover the losses. Ebay needs disinfecting of these rogue traders.

 

No, the next step would be to send a LBA (letter before action). If you do not, the court will not progress the claim until the 'respondent' has been given an opportunity to respond to the OPs complaint. The OP would probably end up paying the entire court fees as the judge would consider that the claim could of been avoided.

[rebel11]

Further info here:-

http://pages.ebay.co.uk/safetycentre/rights.html

http://www.adviceguide.org.uk/index/your_world/consumer_affairs/buying_second_hand_vehicles.htm