Seriously Faulty Car from a PRIVATE Seller

[eddmak]

My first post here, so gratefull though found so many usefull comments to taking me through bad situation. I bought a BMW X3 from a private seller on Sun 25th August for over £5000 in a cash payment and a cash transfer off my account. I had tested the car that i liked and the owner advertised that he was migrating from UK that was the reason for selling auto. The reving was a litlle high having driven mercedes benz before which wasnt and i enquired from the seller if there was a problem to which he decline knowldge of. he had advertised it as serviced but when i checked the service book the car seemed to be due for service and i mentioned this to him thus bargaring £250 off the asking price.

25 miles on my way home the ENGINE warning ight came on- On arrival home 5 mile after that i attempetd to call the seller to advice but got no response ( presume was due to a party he was having at home) The next monday was bank holiday so first thing tuesday morning i take car to garage to be checked out and check for service to be done. 3 hours latter mechanic informs me that the car would cost over £2000 to fix due to a faulty gear box, a leak in the manifold and then general service including change of warn out brake pads and disk for all four sides of the car. I again contacted the seller only to speak to the son and an hour latter i did not get a call back.

I again tried calling back with a different line which he picked up but then hang up on realising it was me. I immediately texted him and informed him of the fault on the car and my ntention to return the car to get my money cak stating it was not as described " a good running car" his response was disturbing as he claimed he sold the car as seen which was not the case and he would call the police if i continued to bother him.

I immediately contated tradding starndrads with a refernce number i fired up and a letter quting SOGA 1979 and requesting he pays for the repairs t be done refund part of my money or we would have to raise a claim against him.

His repsonse a week latter was that he was unuwilling to pay anything as i got a deal of knocking money off the car which i should use to repair the fault and the car had been desscribed as sold which is entirely not the case.

I have responsded to him by letter sending him the invoibce from the garage quoting £2240 and requeting him to redress the issue otherwise i would proceed with a clain against him in court.

Three week after spending all that ammount i have no car , its starting to get wet everyday and car is stuck in garage.

What are my options here i realise i have less rights because he is a private seller ( wrongest move ive done first time ever) but SOGA still protects me as he should have advised as soon as i questioned about engine fault and gears seeming slow to change.

What are my options? I need some sanity because this is starting to drive me crazy. court option is likely but another lengthy process. Any advise will be aprreciated i learnt my mistakes so far and am so angry at my self

(sorry for lengthy message but preffered giving enough information)

[renegadeimp]

Send him an lba giving him the chance to refund. If he fails to comply, then its time to use mcol.

[sequenci]

Hello there.

 

Your rights are significantly more limited as it's a private sale, you're only likely to be able to bring a claim if the item wasn't as described.

[Conniff]

Unless you can prove mis-described or in a dangerous condition, you are going to be hard pressed to get any satisfaction. Private sales are 'buyer beware'.

[sailor sam]

As above. Depends on how the car was advertised. SOGA will only apply if you can show that the seller falsely described the car to the extent that he would miss-lead someone into buying it.

 

BUT, have you checked to make sure the seller is in fact not a 'trader in disguise'? Check the V5c to see if the keeper is the same as the seller for a start.

[Surfer01]

Sadly SOGA does not apply. Can you give us the exact wording of the advertisement as your only hope may be under the Misrepresentation Act which also applies to private sales?

[eddmak]

Many thanks all for your responses:

1) here is the full text of the advert

2004 04 Reg BMW X3 2.5i Sport 5dr Auto, 5 Door Estate, Black, Petrol, Automatic, Trip computer, Cruise control, Drivers airbag, Alarm, Alloy wheels, Space saver spare wheel. Non-smoker, no accidents, leather interior, heated seats, electric windows and mirrors, air conditioning, climate control, satellite navigation, new tyres, power steering, cruise control, traction control, ABS braking system, child locks and isofix system, parking sensors, central locking, spare wheel, CD, alarm + immobiliser, front/side/passenger airbags, 18" alloy wheels, full service history, 6 months road tax, This is a fantastic car with a very high spec and the only reason for selling is because we are moving abroad£5,750Tel

[eddmak]

The question is a private seller is meant to give you full information requeted for and on failure that is a breach of the law, this where i think SOGA may help am i right or just reading it to my benefit.?

I happen to have questioned him about the engine rev and the gear changing to which he insisted that is normal for the type of car and as back up his SON who is a BMW technician inconfirmed that this is normal for this model ( surpising son signed last service certificate.)

[eddmak]

Yes trader is not a trader its all under the same name as his home address !

[Kiki1]

Yes trader is not a trader its all under the same name as his home address !

 

From Trading Standards "A car trader is a person who regularly buys and sells cars for purposes other than their own personal use. They do not have to own a company or trade from a forecourt or garage - in fact any person who regularly sells cars through classified advertisements in a newspaper or magazine (or even through a card placed in a newsagent's window) may be classed as a car 'trader' in law"

 

 

So, selling a certain number of vehicles in a year makes somebody a trader, the Inland Revenue believes that number to be four.

 

Do you have an idea of his tally for the past twelve months ?

[scaniaman]

Sorry to hear about your plight EDD. I am surprised you had not heard through the grapevine or online that the gearboxes in this model are bad news.

[Surfer01]

Many thanks all for your responses:

1) here is the full text of the advert

2004 04 Reg BMW X3 2.5i Sport 5dr Auto, 5 Door Estate, Black, Petrol, Automatic, Trip computer, Cruise control, Drivers airbag, Alarm, Alloy wheels, Space saver spare wheel. Non-smoker, no accidents, leather interior, heated seats, electric windows and mirrors, air conditioning, climate control, satellite navigation, new tyres, power steering, cruise control, traction control, ABS braking system, child locks and isofix system, parking sensors, central locking, spare wheel, CD, alarm + immobiliser, front/side/passenger airbags, 18" alloy wheels, full service history, 6 months road tax, This is a fantastic car with a very high spec and the only reason for selling is because we are moving abroad£5,750Tel

Is the service book stamped? If not, then you may have some grounds under misrepresentation. You could always check with BMW themselves and maybe they will be able to give you a print out on the car's history as that does noto infringe the Data Protection Act. If the person is gapping it overseas you need to move swiftly.