faulty car transaction

[rennai]

26 Dec 2019 bought 2005 toyota corolla verso for £1600 from trader on gumtree.

Two days after car broke down, smokes coming out exhaust, Oil change & EML came on.

Since then I've had 6 breakdowns and AA reports said DPF, EGR Valve problems.

Car can't go into regeneration.

 

Rang trader on mobile posted on ad Gumtree (Bowden Cars Ltd based in Dukinfield) but no response,

google bowden cars found the website and rang landline

they said it wasn't them that someone must have used their business name without permission,

 

I rang them back after couple of days saying I raise a court claim against them

they then said it seems I dealt with a guy from Bangladesh who they have had complain in the past that he uses their company name to sell cars,

I asked why is the guy not answering they said that the guy traveled to Bangladesh,

They refused to provide further details of where he lives, etc

 

I have spent over £350 on diagnostics from Toyota dealer, full service, fixing brakes, wheel alignment, but the car is still misfiring, sluggish to drive and too much smokes still coming out of exhaust.

 

I saved screenshot of ad on gumtree where on trader described car as excellent condition.

We exchange text msg via whatsapp so that's saved.

 

However it is strange that when I test drive said car no smoke from exhaust, except scratches and dents due to age and spongy brakes and loose handbrakes which I don't mind fixing.

 

I have receipt and small green slip (new keeper's), and transfer to trader was done online via dvla and I have got V5C. 

 

I don't know if I can raise a claim against company name, as I don't know the guys name and transaction wasn't done in a garage.

He said he buys and sell cars via gumtree.

Any help will be appreciated please.

[London1971]

Cripes that was a lot of money for a 15 yr old Verso too.  Corollas are normally unimpeachably reliable, especially the Corolla, so I bet that one had done an interstellar mileage and clocked.  

 

I think it's sold as seen and that's it, you won't have any comeback. You were unlucky , these are normally fantastic cars, best to trust your feelings, look for a service history and not pay anymore than £700 ish for one of those.

[dx100uk]

so it was a guy claiming to be the dealership but was nothing to do with them?

 

dx

 

[slick132]

Hi Rennai,

 

Did you go to the address of Bowden Cars Ltd in Dukenfield, or somewhere else when you bought the car.

 

If it was somewhere else, I think you've been had.

 

What was the mileage showing ?

[BankFodder]

10 hours ago, London1971 said:

 

I think it's sold as seen and that's it, you won't have any comeback. You were unlucky , these are normally fantastic cars, best to trust your feelings, look for a service history and not pay anymore than £700 ish for one of those.

 

Sorry, but I have to take issue with this idea of "sold as seen".

The phrase "sold as seen" is often bandied around but it's not really a legal term and doesn't necessarily have any legal effect.

If you buy something from a trader or somebody who represents themselves as a trader then "sold as seen" certainly doesn't apply at all. You can't simply contract out of your statutory consumer rights. The news you can get is that if you inspect a vehicle then you are taken to have accepted any defects which that inspection might reasonably have uncovered. On that basis, – and amazingly – it could be better not to inspect a vehicle (although I wouldn't advise it).

From a private seller, you don't have statutory rights – but on the other hand you have common law rights. Those are unwritten rights based on reasonable dealings between two parties of broadly equal standing.

An item might be "sold as seen" if the seller is acting with absolute honesty and integrity – but if it can be shown that a private seller knew – or reasonably should have known of defects in the item that they were selling then I can imagine that a judge would have little difficulty in accepting that the seller was in breach of the contract.

I'm quite sure that "sold as seen" depends on absolute good faith.

In the story we have been given in the first post to this thread, we have been told that the seller has represented themselves as a particular trader. If they are that trader then they are saddled with statutory duties. If they aren't that trader then they have misrepresented themselves and they are still saddled with those statutory duties.

Of course if you have been misled as to the identity of the seller then your problem will be to find that seller and to hold them to account. I'd say you have a problem.

[rennai]

On 14/01/2020 at 21:59, London1971 said:

Cripes that was a lot of money for a 15 yr old Verso too.  Corollas are normally unimpeachably reliable, especially the Corolla, so I bet that one had done an interstellar mileage and clocked.  

 

I think it's sold as seen and that's it, you won't have any comeback. You were unlucky , these are normally fantastic cars, best to trust your feelings, look for a service history and not pay anymore than £700 ish for one of those.

Body work isn't too bad and mileage was 128,000 miles and I thought it's okay for diesel car of that age, and it's a 7 seater which I desperately needed. On gumtree the seller has a bit of history in selling cars. I might contact Gumtree but I'm unsure if they can give me more details about this trader given that dvla refused to provide further details but only said car was transferred to a trader, and then dvla guy said I can fill and submit particular form (V88 I think) if need further details.

 

I checked mot history of car and all seems ok no note of previous engine fault, and on physical inspection no oil leak, etc. When I'm buying used am more particular about engine problem as i don't mind fixing other stuff.

 

WhatsApp message from trader to me: "SK14 1QQ Burkitt Street Hyde pls let me know what time you'll be coming"

 

I just got this address from Bowden Cars website: John Street, Hyde SK14 2HB

 

So it's different, I sincerely thought said trader was a small scale car dealer who uses gumtree to sale cars, I didn't know he was dodgy. On the slip he filled in Bowden Cars Ltd but, on Bowden's website the seems to be alot of cars on display

[London1971]

Where was the transaction done? I take it you didn't go to the showroom?