Faulty used car from a private seller

[mjarocinek]

My husband bought a car from a private seller.

He had seen the car before and had a test drive.

The next day the car wouldn't start and was taken to a mechanic on a tow truck.

We want to return the car but the seller does not want to cooperate.

What can we do?

[dx100uk]

welcome.

unless you can prove the private seller is a regular trader of used cars and is operating as a business 'under the radar', i'm afraid that consumer laws do not protect you.

 it's TINY time - Tough It's Now Yours.

unless you paid the seller by debit card or some/all by credit card, there is no protection either, esp if you paid by bank transfer...

Are you being asked to pay for any used car, building works or any other goods or services by cash or bank transfer? - General Consumer Tips and Guidance - Consumer Action Group

 

[BankFodder]

Absolutely correct that you don't benefit from laws intended to protect consumers when they are dealing with traders.
However, there are some basic rules which do protect all sales/purchases regardless of the status of the parties.

The most important rule is that the parties must act in good faith. If the car has been deliberately misrepresented to you then you could have an action.
You need to tell us more about the car, type/price/age/mileage blah blah blah.

How did you find it? Was it advertised and if so what did the advertisement say?

Also, is it roadworthy? It is an offence for anyone – trader or private individual – to sell a car which is unroadworthy.

Section 75 Road Traffic Act 1988

presumably as an MOT. When was the MOT issued? It might be an idea to go and get another MOT immediately to check out its condition. If it failed its MOT then you could have an action.

In terms of the seller – do you know where they live? Do you think they own their own home? In other words do they have any assets that you could enforce against if you brought a successful claim

 

[Mycathasfleas]

Bank Fodder is right on this. A person selling a car must not have misrepresented its condition or history. 

One other thing you can do is go to the government website to find MOT status and any advisories. They may be relevant to your problem with the vehicle. That would demonstrate prior knowledge. 

What to do do afterwards - if an informal approach does not work you have to decide if you want to take legal redress. House insurance often provides dispute cover but it may not be worth the trouble. 

 

Good luck 

[theberengersniper]

I would suggest the first thing you need to do, before getting ahead of yourself or involved in any confrontations with the seller, is to establish what is wrong with the car.

You said it had been taken to a garage on a tow truck. Have the garage assessed the car and given you an indication of what is wrong and what is required to resolve the issue with the car not starting? It's possible the issue is so minor it's simply not worth getting involved in chasing the seller. Conversely, it could be something major. You need to find out.

When you know what's wrong with it, you can make a decision on the way forward with the help of this site.