Car Bought through Ebay from a Car dealer/trader Broke down within 20 miles ***Resolved***

[boyharris1]

I will keep this as brief as poss.....

I bought a car through Ebay, I went to the persons house test drove the car it was fine, handed over the cash, drove down the road approx 20 miles and the car broke down, I called the seller, who came to meet me and after a long very heated and difficult conversation including calling the Police, he would not agree to give me my money back or offer a repair. I managed to get the car working again drove off only to completely brake down after approx 10 mins, I called the AA who attended and discovered that the cars engine management systems had certain codes by passed and cleared just before I picked it up, in their opinion the trader had deleted the faults in order for it to drive perfect on the test drive. The Diesel particulator filter needs replacing along with the mass air flow meter & the turbo along with the manifold cover that had been bent.

 

 

The trader will not enter into any discussion about returning the car or even a refund.

 

 

He tells me as I bought the car from a trader and I signed a piece of paper saying that I was buying the car with no warranty and that he had told me about all known faults ie none! there was nothing he was legally obligated to carry out.

 

 

Is there any course of action I can take to get part or all the money back, can I get him to pay for the repairs.....

 

 

Help needed please.

[2ltr16valve]

In short. Yes !

 

Regardless of what you signed, regarding no warranty and faults etc ...

As he is a trader you are covered under the sale of goods act.

 

Was the car sold as scrap by any chance ?

Got the item number ?

[boyharris1]

Hi thank you for responding.

 

 

Ebay item number 271541731453.

 

 

The car was not sold as spares or repair or scrape.

 

 

Thanks.

[2ltr16valve]

Hi thank you for responding.

 

 

Ebay item number 271541731453.

 

 

The car was not sold as spares or repair or scrape.

 

 

Thanks.

 

 

Hi.

 

All I can add is being the 1.6 tdci these are well known for a turbo failure fault caused by lack of oil flow. The cause is argued somewhat but what I think people generally agree on is the oil getting too hot somewhere in the engine and turning to carbon, building up and blocking the oil feeds to the turbo

 

As I say above. Sale of goods act applies. Dealer does have responsibility. Providing you can prove he is a dealer.

[Conniff]

No more phone calls. Will the AA provide you the roadside assistance diagnostics and appraisal in writing ? ask them.

 

If you can get that then you are well on your way to satisfaction.

 

If you can't get anything from the AA, then you will need to take it somewhere for a diagnostic and report so that you can send a copy of it to the seller by recorded delivery and ask again that he puts things right.

 

Your next course of action will depend on what he replies if he replies.

 

You will have to pay for the report, but will claim that back from the seller.

[Mr.P]

Providing you can prove he is a dealer.

 

Judging by his feedback, he has been selling quite a few cars through ebay since Feb. 2012. He currently has seven cars listed, so that all points towards him being a trader.

 

For reference for the OP, a couple of screenshots:

[heliosuk]

His argument will probably be that you bought through an auction and test drove before parting with the cash. If you did "win" the auction he will have evidence that you did in fact bid a number of times and he doesn't seem to be denying he is trading.

 

I suppose the key here is what the latest regs are about buying though an online auction where you have actively bid and not tried the car. Had this been through a normal auction it most probably be tough luck.

 

No doubt others will be along to advise you to sue the arse off him but in this case the fact it's an e bay auction might just complicate things.

[Conniff]

ebay auctions:

 

The Distance Selling Regulations didn’t apply to goods bought at an auction so you’d have had no automatic right to return an item if you were the highest bidder and you changed your mind.

 

However, this has changed under the new Consumer Contracts Regulations and you now have an automatic right to cancel.

 

Your right to cancel starts from the moment you place your order and doesn't end until 14 days from the day you receive your goods.

It matters not what he says about you signed something. You cannot lose you consumer rights even if you sign a document saying you give up all your rights under consumer regulations, it will not stand in court.

 

[boyharris1]

Thank you all for your helpful comments.

 

 

Looks like I have a lot of research to do here on line.

 

 

I did know about 'distance selling' or 'consumer regulations' until now so thank you all for your help.

 

 

I have the car booked into my local garage this morning so I will then find out what the costs involved are.

 

 

Once again everyone thank you.

 

 

Lloyd.

[Conniff]

How are things progressing Lloyd ?

[rebel11]

Hi boyharris1

 

Here's some info, page 20:-

 

http://www.shetland.gov.uk/tradingstandards/documents/Guidanceforsecondhandcardealers.pdf

[boyharris1]

Progress at present is slow, letter has been sent to trader outlining the issues with the car, I have had 3 quotes locally to fix the car which I have sent off.

 

 

The info you have just provided is priceless to me at this time, thank you so much for sharing, I really am entering a world I know nothing about.

 

 

Sent with thanks.

 

 

Lloyd

[boyharris1]

Hello there.

 

 

I just need some help with a question relating to this thread.

 

 

I have now started the small claims court process however out of nowhere the seller has now offered me a refund, he is only offering back the money for the car & not my expenses, which if I return the car will be somewhere in the region of £750.

 

 

If I decline his offer of the refund as I do not feel this is fair as he should have fully disclosed all faults with vehicle & not place mis-leading information on the advert, I feel he should collect the car at his expense and give the refund plus expenses so far.

 

 

Am I right in assuming the small claims court will pursue him even though he has offered a refund for the car only.

 

 

I do not know where I now stand.

 

 

Can anyone still help me please.

 

 

Thank you.

 

 

Lloyd

[oddjobbob]

If you can get a refund without the hassle, then take it is my advice.

[rebel11]

Hi boyharris

 

You've already been put to considerable expense, a claim through the courts has been lodged, the dealer had the opportunity to be reasonable and refund but chose not to. Tell the dealer if he doesn't refund the expenses as well then the claim will proceed.

[boyharris1]

Thank you once again for your help.

 

 

The dealer has me questioning my own decision to take this route of action, he has kind of implied that if I don't take his offer things could get dragged out for years.

 

 

If I accept the refund & deliver the car back to him my total expenses will be £910 with breakdown cost, vehicle diagnostic & car transporter to deliver back to him.

 

 

Actually as I write this reply I think I have made my mind up to refuse & continue on the small claims I have logged already, I do not feel it fair I should be out of pocket at all.

 

 

Thank you all for your help, it has been of great help to me.

[raydetinu]

You should also bear in mind that even if you do win the case, that does not mean he will pay!

That could go on for some time and you may have to resort to bailiffs etc.

I would perhaps be inclined to negotiate while your court case is pending and accept some partial offer for your expenses if he offers it, otherwise continue and see what happens.

[boyharris1]

Good evening to you all.

 

 

I have just received all my money back into my bank account, after some sleepless nights my nightmare seems to be over, thank you all for your help & support.

 

 

 

 

Lloyd.

[rebel11]

Well Done Lloyd, what's happened with the court claim? That needs to be dealt with.

 

Good evening to you all.

 

 

I have just received all my money back into my bank account, after some sleepless nights my nightmare seems to be over, thank you all for your help & support.

 

 

 

 

Lloyd.

[f16]

"There You Go Lloyd"

 

Another "Happy Winner"

Well Done !!!

[boyharris1]

Hi.

 

 

I have just logged on and have been able to cancel the court action.

 

 

Car being collected tonight.

 

 

 

 

Thank you once again.

[rebel11]

Welldone Boyharris1.

[raydetinu]

well done, great result.