Purchased a car off ebay from dealer car is dangerous and Not drivable, advice need?

[Jolivic154]

I agreed to buy a fiat Multipla off eBay. The seller was registered as a business seller he seems to sell at least 20 cars a week. I went yesterday to pay and collect car. Where I collected car from was a dealership. My self and my husband looked over car and could not see any problems. My husband took car for a test drive but did not go far but seemed ok. So we agreed to buy car.

 

They seemed very nice genuine people at the dealership so I Did not think much when they asked me to sign some paper work. I thought it was just the normal paper work and receipt of sale.

I paid them cash and got the key. We got in car and tried to drive the car but we barely got the car 5 minutes down road and discovered the car had serious problems. My husband could not change gears and the car kept stalling. The car was not drivable.

 

My husband walked back to dealership to complain, we ask for are money back but they refused. They told us it was our problem and not there's. they were very unhelpful and no amount of arguing made and difference. They told us we had no rights and told us to read the paper work we had signed. They then proceeded to lock up and went home leaving us stranded and out of pocket.

 

We called the AA out and they inspected the car and gave us a report listing many problems including clutch needing replacing. The AA towed the car home for us. The car is now sitting on our drive useless and un drivable. I have contacted the seller again and they are still refusing to do any thing.

 

This is how car was advertised on ebay...

 

HERE WE HAVE A 51 PLATE FIAT MULTIPLA 110 SX JTD 6 SEAT MPV 1.9 DIESEL !!

 

THIS CAR RETAILS AT £1995 FROM A GARAGE AND A TRADER WOULD PAY OVER £595 FROM AUCTION SO GRAB YOURSELF A BARGAIN BEFORE SOMEONE ELSE DOES !!

 

CAN I PLEASE MAKE YOU AWARE THAT THERE IS MOT TO JULY AND TAX TO THE END OF AUGUST !!

 

THE MULTIPLA DOES HAVE THE LOG BOOK PRESENT !!

 

THE OVERALL CONDITION OF THE BODYWORK AND INTERIOR IS IN GOOD CONDITION FOR ITS AGE AS SHOWN IN THE PHOTOS !!

 

THE CAR DRIVES FINE ON THE TEST DRIVE WITH NO FAULTS SHOWING !!

 

BUT IM NO MECHANIC SO PLEASE DONT TAKE MY WORD BUT ALL I CAN DO HIS GIVE A HONEST VIEW OF THE CAR !!

 

BUT IF YOU ARE GOING TO BUY THIS CAR I SUGGEST THAT YOU COME TO VIEW THE CAR AND CHECK IT OUT BECAUSE THEN I CAN NOT BE ACCUSED OF SELLING YOU A LEMON !!

 

I ALSO MUST MAKE YOU AWARE THAT THIS MULTIPLA WILL BE SOLD AS SEEN WITH NO WARRANTY GIVEN.

 

PLEASE DO NOT BUY OR BID ON ANY CARS I PUT FOR SALE IF YOU FEEL THAT I SHOULD PAY FOR ANY FAULTS FOUND ON THE CAR DAYS OR WEEKS DOWN THE LINE !!

 

The I have read the paper work that I signed and on that it states car was sold as spare or repair. I was not made aware of this and it did not state this on listing. It then went on to say that you agree buy signing ths that ONCE THE VEHICLE LEAVES MY PREMISES THEN ANY FAULTS FOUND THERE AFTER ARE THE BUYERS RESPONSIBILITY !!.

 

Have I signed all my rights away. Do I have any rights. Is there any thing I can do.

 

Also it turns out that the seller is a baliff and reprocesses cars, he then takes the cars to this dealership and they sell the cars and give him the money. It seems a strange set up to me.

 

Any advice woud be much appreciated

 

Thanks in advance

[Kiki1]

How much did you pay for the car

 

Was it a classified advert on eBay, a standard auction or a Buy it Now ?

[Jolivic154]

It was a Buy now Auction and I paid £600

[sailor sam]

The doc you signed is meaningless. You cannot sign away your statutory rights under the SOGA. The AA should of taken it back to the seller.

 

You need to write formally to the seller requesting that they either collect the car and put it into a satisfactory condition (i.e. fit for the purpose) or accept it as rejected under the SOGA in which case you will require a full refund. Give a time limit of 7 days for them to reply and send by recorded post.

 

You may also want to speak to trading standards via CAB. And don't forget to leave the appropriate feedback on Ebay.

 

Please keep us posted.

 

EDIT; If it was sold as spares or repair, they should not of permitted you to drive it away or test drive it.

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

Edited May 4, 2013 by Conniff
correct typo

[Jolivic154]

Sailor Sam thanks for you advice. I have contacted cab and am waiting for them to get back to me. I have left seller negative to warn other buyers. The sellers response to this was to open a unpaid item dispute and accuse me of not paying. I can't believe how stupid this seller is I have multiple proof that I paid.

 

Any way this is the exact wording of what I was made to sign.. Thought it might help.

 

The above vehicle has been described, displayed and sold as a trade sale. I am fully aware and understand the term sold as seen (trade sale).

I have wilfully purchased the above vehicle for spares or repairs to be transported from the garage forecourt to the address and wholly accept that beyond my statutory rights the responsibility of the above vehicle with all it's faults lies fully with myself.

 

Car was not advertised on eBay as a trade sale and definitely was not listed as spare as repair.

 

Firstly can some one clarify isn't a trade sale a sale between two traders. I am not a trader I am a consumer. So in theory would this not make what I signed null and void. Also have they committed a offence by allowing us to drive away a car that they are now saying was for spare or repair. They willingly let us drive this car.

 

Doe what you said above still apply that I can't sign away my statutory rights under soga.

 

Any advice much appreciated

 

Thanks in advance

[ashmk]

Wow, did you watch this weeks Watchdog? Sounds like the script from Rogue Traders. If you didn't watch it click here http://www.bbc.co.uk/iplayer/episode/b01s8vbl/Watchdog_Series_31_Episode_1/

Fast forward to 14.25 regarding signing away your legal rights.

[Conniff]

Doe what you said above still apply that I can't sign away my statutory rights under SOGA.

 

You cannot sign away your statutory consumer rights even if you wanted to. It matters not what the wording is, it has no legal standing whatsoever.

 

Have you taken a screen shot of the ebay page? if not do it now.

[Jolivic154]

Thanks every one for your advice. I have taken a screen shot of ebay listing. It was the first thing I did. Thanks for mentioning this weeks watch dog that was very interesting.

I don't suppose any one can point me in the direction or know of a template letter that I could use to send to seller.

I want to get a letter sent to seller as soon as possible. I have 2 different addresses, one I believe is his home address the other is the dealership where I collected car and paid for it. Which address should I send letter too or is it best to send to both addresses.

 

Thanks

[Conniff]

If it's a limited company then send and do all chasing with him.

[Jolivic154]

Hi again more advice needed. One of the addresses he gave me was for a Chinese restaurant according to 192.com. The seller said he worked for L K Finance but I have checked companies house and no such company exists. He also said he works as a baliff. But I have checked the register of certified bailiffs but he is not on it. I have searched his name on 192.com and there is no one by that name living in the area where he said. So I am now stumped as to what to do.

 

I went to a dealer ship to collect car, they showed me the car and they did the all the paper work. I gave them the cash and they put it in to a envelope. They gave me keys, mot certificate and new keepers supplement part of V5. Could I hold them responsible. They are a registered Ltd company.

 

It all seems really strange the seller does advertise this dealership on his listings including putting links to there website.

 

What should I do

 

Any advice much appreciated

[sailor sam]

I advised you what to do in post #4.

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

[Jolivic154]

Sailor Sam I know you advised me what to do in post 4 and thank you for that. But I'm concerned as it looks like all the details he has given are fake. What do I do if these details are fake. At the moment I have sent a letter addressed to him at the first address he gave me. But as said above this address is for a Chinese take away. Seems a bit strange. If it turns out the details he gave about him self, name, address etc are fake. Could I go after the dealership where I collected car. They basically sold car to me on this other persons behalf. As said above they showed me car, they did the paper work and took money.

Also when was looking at car at the dealership they assured me that the car was hpi clear and showed me some paper work the seller they were selling car from gave them. It all looked genuine. But it turns out now that after doing my own checks last night. The car was a insurance Total write off. It does not say what category though. The seller made no mention of this on listing and neither did dealership.

 

Can a trader or dealer legally sell you a car with out informing you that it was a insurance total write off just curious.

 

Thanks

[sailor sam]

Sailor Sam I know you advised me what to do in post 4 and thank you for that. But I'm concerned as it looks like all the details he has given are fake. What do I do if these details are fake. At the moment I have sent a letter addressed to him at the first address he gave me. But as said above this address is for a Chinese take away. Seems a bit strange. If it turns out the details he gave about him self, name, address etc are fake. Could I go after the dealership where I collected car. They basically sold car to me on this other persons behalf. As said above they showed me car, they did the paper work and took money.

Also when was looking at car at the dealership they assured me that the car was hpi clear and showed me some paper work the seller they were selling car from gave them. It all looked genuine. But it turns out now that after doing my own checks last night. The car was a insurance Total write off. It does not say what category though. The seller made no mention of this on listing and neither did dealership.

 

Can a trader or dealer legally sell you a car with out informing you that it was a insurance total write off just curious.

 

Thanks

 

Yes. Your contract is with the dealer (those who you handed the money to). By allowing you to test drive it and drive it away, extinguish's their claim of selling it for 'spares or repair'. The insurance right off situ should be referred to trading standards.

 

Please Note

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

[ericsbrother]

They sold you the car. You are a consumer so you have created a consumer contract with them. Whatever they say that is all that matters.

[Jolivic154]

Hi every one just a bit of a update. I sent a letter to both addresses in the end, i addressed both to the name of seller that I got from eBay. In the letter I said I was rejecting the car under the sales of good act . And asked for the car to be removed from my property and a full refund. I gave them 14 days. I sent the letters recorded delivery.

 

The dealership has received the copy I sent there and some one signed for letter. But the letter I sent to the address registered with eBay has not been received, Royal Mail have tried to deliver letter but no one has been at the address. They have put a card through door but they have not arranged a re delivery. I was tempted to go online and arrange a re delivery my self as have tracking number but not sure if I should.

 

I am still not convinced the seller lives at this address. I have done some research in to the dealership and have found that some one by the same name as the eBay seller. Worked for another branch of the same dealership as a director until the branch went in to liquidation. He then worked as a director for another company owned by the same company that owns dealership. And has the same address as dealership.

 

I have found another address for this person. Could it be the same person or could it just be a coincidence that they are selling cars for a guy who has the same name as some one who worked for them. I was thinking of sending another letter to this new address I have found but am not sure.

The other thing I have discovered is that he has a VAT number registered with eBay but this VAT number is invalid.

 

Could it help me if I go to court if I can prove a link between eBay seller and dealership.

 

I have not heard any thing more from dealership and have got to wait another week before can do any thing more. Should I send another letter to this other address I have found or not. If I get no response to letters then I want to file a claim with small claims court but which details and which address should I use to file claim. As I don't think address that eBay seller has registered with eBay is his real address I am worried about using this address.

 

I feel rather confused and want to make sure I do the right thing. I have contacted citizens advice and they were not that helpful. The basically said what has already been said here. They said to go after eBay seller first and if unsuccessful go after dealership. But if eBay sellers address is fake I will be wasting my time surely. They are referring my case to trying standards but have not heard and thing from trading standards yet. ( you cant contact trading standards directly these days.)

 

Oh and I'm not the only one who as been coned By this seller. I have been contacted by 2 other eBay members who are going through exactly the same thing, and are willing to give information to trading standards. They also want to take this seller to court to get there money back.

 

Thanks in advance for any more advice you can give on what I should do next.

[ashmk]

Have you requested the sellers details via ebay?

[sailor sam]

As I previously pointed out to you, your contract is with the person/business that you handed your money to. If the 'deal' was done at a dealership, it is they you direct your claim to. The Ebay address is pretty irrelevant at this stage although you could use it as a second 'Respondent' address in the claim.

 

If there other people in the same boat, have you thought of approaching BBC Watchdog?

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

[Jolivic154]

Yes I requested sellers details via ebay and the address as said above was for what sounds like a Chinese restaurant ( sizzling wok xxxxxxxxxxxxx),

 

I had not thought about contacting bbc watch dog. I might do that.

 

Is it worth me sending a letter to this other address I have found??

[sailor sam]

Yes I requested sellers details via ebay and the address as said above was for what sounds like a Chinese restaurant ( sizzling wok xxxxxxxxxxxxx),

 

I had not thought about contacting bbc watch dog. I might do that.

 

Is it worth me sending a letter to this other address I have found??

 

What's the point? You have had it confirmed that the letter has been received by the dealership and that is who your claim is against.

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.