Bought a Cat 'C' car from Ebay

[Disaster Area]

HI All

 

New to this forum and looking for some advice.

 

I recently purchased a car from eBay, it was a classified ad rather than a traditional auction.

 

The car was advertised in excellent condition but on closer inspection the exterior bodywork was found to be in far less than excellent condition.

I did negiotiate the price down a little and agreed to buy the car 'as seen'.

 

A HPI check before I bought the car disclosed that it was in fact a Cat C insurance write off and this was not mentioned on the original advert.

I was sent images of the supposed damage but it is my firm belief that the car has sustained more damage than I was made aware off.

 

In the process of getting the bodywork sorted

it has emerged that the passenger side curtain rail airbag has deployed as a result of a previous accident

and has simply been stuffed back into the roof lining and the wiring on the car altered so that no fault shows up on the dashboard or using a diagnostic tool.

 

Can somebody please explain to me what rights I have (if any) or what course of action (if any) I can take against the seller.

 

Many Thanks

 

Chris.

[dx100uk]

pers i'd complaint to ebay and get your money back

 

dx

[Conniff]

Was it a private seller or dealer ?

[Disaster Area]

The car was advertised on eBay as a classified advert rather than a traditional auction, reading elsewhere I believe this gives me the same rights as if I had bought the car from a dealer??

[Conniff]

No it doesn't, there is a big difference from a private seller and a dealer in the trade.

 

A trader has to adhere to consumer regulation and a private seller doesn't, no matter what method he uses to advertise.

[Disaster Area]

pers i'd complaint to ebay and get your money back

 

dx

 

Not sure eBay would be that intersted to be honest and what's to stop the seller selling other vehicles on eBay in similar condition, in fact he has sold other vehicles on eBay since I've bought mine from him and I would not be surprised if they are all defective in some way or another. I'm thinking Trading Standards or similar is the way forward

[Disaster Area]

No it doesn't, there is a big difference from a private seller and a dealer in the trade.

 

A trader has to adhere to consumer regulation and a private seller doesn't, no matter what method he uses to advertise.

 

This is what I found on the citizens advice website

 

If you buy a car from an internet auction site, your rights will depend on the type of sale involved. If you buy the car from an auction-style sale where bidding is involved, this is likely to be from a private seller and you will have the same rights as if you had bought the car from the private seller face-face.

 

If you buy a car from a dealer through an internet auction site, for example, from a ‘Buy-it-now’ sale on eBay, you will have the same rights as if you had bought from the dealer face-to-face.

[Conniff]

That is the bit you should collect information on. If he is regularly selling cars, then he is classed as a trader even if his main job is a postman.

 

If you can do this and show that he is selling cars regularly then you have a case. Trading Standards won't act against a private individual, and they wont act on your behalf for a trader either.

[Conniff]

It's far more complicated than that and that doesn't say that someone selling the car using a classified ad can be treated as a dealer and neither does it say that a trader selling by auction can escape consumer law.

[Disaster Area]

That is the bit you should collect information on. If he is regularly selling cars, then he is classed as a trader even if his main job is a postman.

 

If you can do this and show that he is selling cars regularly then you have a case. Trading Standards won't act against a private individual, and they wont act on your behalf for a trader either.

 

OK thanks for that, he currently has another car for sale on ebay and has sold others as well so will build a 'catalogue' of his vehicles, if Trading Standards wont be interested who do you suggest I contact?

[dx100uk]

also if you settle your paypal by a card

 

section 75 plays a part too.

 

http://www.financial-ombudsman.org.uk/publications/ombudsman-news/31/creditcards-31.htm

 

and chargeback

 

http://whatconsumer.co.uk/visa-debit-chargeback/

[Conniff]

Always make reports to TS, they do catalogue complaints so if someone should start to accumulate, they will investigate but it will be an investigation for themselves to see if there is anything they should do and not on your behalf.

 

When you have the proof that he is a trader, then you can make your first complaint to him and see how he responds.

 

It's not a five minute process though.

Edited April 27, 2013 by Conniff

[Disaster Area]

Thanks for all the advice this morning everyone, some really usefull bits mentioned. I can't believe it is legal to knowingly sell a used vehicle in this country with defects that aren't mentioned!

 

Won't give up on this though!!!

[Conniff]

It is not legal for a dealer to sell a cat C or d without mentioning it to you. It can't be hidden on the back of an invoice in small print. I would always advise to get a check done before purchase so that you know what your buying. Unfortunately the law doesn't require a mandatory check on the quality of repair before selling on a cat C or D.

 

Armed with the knowledge that it is either cat C or D can open it up to negotiation so you could get a bargain.

 

Go through the sellers feedback and see how many are cars. If he claims to be a private seller, it might be a good idea to drop a line to HMRC and let them know.

 

Where did you collect the car from, his house ?

[dw190]

I would always advise to get a check done before purchase so that you know what your buying.

The OP had an HPI before the sale which showed up the Cat "C"

[Conniff]

The OP had an HPI before the sale which showed up the Cat "C"

Oops, forgot that bit.

 

Yes it should have been mentioned, but being aware means you should have been wary at the time of purchase. According to insurance companies, Cat C means it will cost more to repair than it's value which means that if it is on sale it is either grossly overpriced or cheaply repaired/dressed up.

 

When we know if it is private or trade, then we go down the right road.

[Disaster Area]

At what point does a private seller become a dealer??

 

The seller in question currently has 3 different vehicles for sale on eBay and his feedback shows him as having bought parts for other types of vehicles that I suspect will appear on eBay in due course, I'm guessing a VW Transporter and a Fiat Punto!! Googling his phone number reveals other vehicles that have been sold on eBay (at least 3 others since beginning of March 2013), it also reveals that he has advertised for a full time panel beater on Gumtree!

 

I have contacted my local roads traffic policing unit, VOSA and asked for advice from citizens advice for their opinions.

Edited April 30, 2013 by Disaster Area

[Conniff]

If a vehicle (or anything) is bought for resale, that makes you a dealer so just one would do.

 

Is he listed as a business user?

[Disaster Area]

Not as far as I am aware he isn't

[Conniff]

You should get screen shots of what he is selling and his feed back.

[Disaster Area]

One step ahead of you there!!! Interestingly he has just removed the three cars he had on eBay.co.uk and replaced one on eBay.com with a price in american dollars converted to british £ underneath!!!

[Disaster Area]

Here we go!! Seller contacted!

[Conniff]

???