Bought a car, lots of problems - what are my rights?

[Writerwannabe83]

8 days ago I bought a car on eBay via a private trader. I went to view it and the guy who was selling it said he was doing so on behalf of his Sister-In-Law. The car looked fine and I took it on a short drive up the street (maybe 50 metres) and went away to think about it. I eventually bought it for £100 under the asking price.

I went to pick it up a few days later and the car wouldn't start. The guy was out so his wife phoned him and he said he'd get it sorted. So I had to go home without the car. He rang me later to tell me he had bought a new battery (£270) and I could collect the car.

The next day I drove the car and realised the CD player didn't work and nor did the fan system - the fans only blew out really hot air and the air conditioning didn't work either. I took it to a garage who said the entire heating/cooling system needs replacing which would be just under £300! I told the guy I wanted a refund for the car but he said his sister had already spent the payment so couldn't refund me. He said that he knew a mechanic who'd fix it and he'd pay for the repair.

When I first started driving the car the key was a bit fiddly in the ignition and was assured by the buyer that it was just a case of finding the right knack to get it to turn. To cut a very long story short the whole ignition is system is buggered and will cost me just under £400 to replace! At the current time I can't even drive the car as the key won't turn in the ignition.

I have been in touch with the guy who sold it to me who basically implied he thinks I'm exaggerating even though the car won't bloody start because the key doesn't turn. I sat in the car earlier trying to get it to start and it took me 15 minutes to finally manage to turn the key. I'm too scared to drive anywhere for fear I won't get home again. Not that I can anyway seeing as now the key is completely refusing to turn.

Between the battery, the hearing/cooling system and the ignition it's almost £900 worth of work that needs doing. Admittedly the woman's brother is paying half the costs but it feels so wrong that he and I should have to fork out £400 each just to make the car fit to drive whilst she's £1'200 better off!!

If I knew about these problems there's no way I would have bought it!!

Is it right that she can refuse to give me a refund and I'm just left with a car in this state??

[Butterflyspring]

how did you pay?

If it is not as described in the listing then your only option is court - you need to keep a copy of the listing and get verification from a 3rd party about any faults. Then write to the seller saying you want full refund or you will take to small claims.

www.consumerline.org/search/?cat=Buying+Goods+%26+Services&item=Private+Sales

[Writerwannabe83]

I paid via a bank transfer.

The woman whose car it is said she had no idea the heating/cooling system was broken and also said the key has been working fine for her so doesn't understand why it's not ok anymore. They (she and her brother) are basically implying I'm making it up.

I've got proof of how knackered it is though as I went to the Dealership a few days ago who have provided me with the documentation of what needs replacing and how much it has cost me.

I send a text message to the guy earlier saying it isn't right to use him as the middle man and I want to speak directly to his sister but he said no and that I was to talk to him about the car as apparently his sister suffers from anxiety?!

[Butterflyspring]

who did you pay the money to? That is the person you need to deal with.

[MillyMollyMama]

Not much help, but get the AA to test a car next time! Are you really up to putting a car through its paces? You could speak to your a trading standards department and see what they advise. However, as it is a private sale and it is through EBay (for a car - really!), then what are their terms and conditions for sellers? Have u checked with them? I am assuming this post is not a joke.

[lljkk]

You must talk to Trading Standards. Ring them tomorrow & explain the situation. Even private sellers can't sell something that's completely unfit for purpose. (Not even on ebay!). But you might have to pursue thru small claims to get money back. Trading Standards will talk you thru your rights. CAB may also be useful if you go to small claims. Also phone Ebay customer service, though I suspect all you can do is Neg'em.

[Ilovemydogandmydoglovesme]

Milly have a look at the cars for sale on eBay. There are thousands. Lots of reputable dealers have links to their stock on eBay.

[Butterflyspring]

ebay won't do anything - court will. There are many sample letters online - you need to send a letter before action rejecting the car and then proceed to small claims. I have done it and it worked - was hassle but worth it. Won all costs plus refund for all work carried out on the car.

[Writerwannabe83]

And what did you do with the car in the interim butterfly?

You say you paid for all the repairs so were you still driving the car until you got your refund and then handed the car back?

[Butterflyspring]

no I kept the car and went for a refund of the repair costs which amounted to nearly £1k. Seller didn't even turn up to court. He did write a ridiculous armchair lawyer defence which was laughable really.

[Writerwannabe83]

Is there any way I could lose out on this? I.e they will argue I should have the car checked over first? Or that I should have tested the heaters etc?

I guess I bought the car in good faith - especially as my husband knows the guy who sold it to me.

I couldn't have known how dodgy the key/ignition was as I couldn't properly test drive it as I was not insured on it and the car wasn't taxed. It was only after a few days of driving it and the problem getting worse each day that I realised there was a problem. I bought the car on a Monday and was in the garage with it by the Wednesday because of the ignition problems.

The guy who sold it to me is saying his sister drove the car for 2 years and yes although the key was wobbly the car still started every time so there isn't a problem, like I said, he's trying to make out I'm exaggerating.

Meanwhile I have a car on my drive that I cant even use and am having to get towed to the Garage next week to have the problems sorted. Its ridiculous.

[Writerwannabe83]

And is it actually right that she could have refused me a refund when I asked for it 3 days after buying the car?

There is NO way I would have bought it if knew about these problems. The guy and his sister are denying they knew about the problems though so couldn't have informed me of them....

[Butterflyspring]

the bottom line is you bought something which is not as described in light of the amount paid - who cares what the seller says. The onus is on them to prove it wasn't faulty anyway.

Of course they will deny it. You going to sent them a letter rejecting the car or are you going to pay for repairs and pursue them for those costs instead?

[MillyMollyMama]

Ilovemydog. Yes I get the bit about reputable dealers and eBay is as good a place to advertise as any. However, just buying off a random advertising a pile of junk on eBay is not a good way to buy a car. The ignition caused problems on the day of purchase because there was a "knack" to it. The only way to be sure a car is decent is to get a check done on it. Taking no care over the purchase just stacks up problems. It is so hard to make a claim because it is stressful and time consuming.

[Writerwannabe83]

Butterfly - I have already paid out to get the ignition fixed (£380) whilst the guy has said he knows someone who can fix the heating system and he will pay for it. To be honest I'd rather take it to a garage I know as opposed to his 'mate' so I know its getting done properly.

I think I'll tell this guy to forget it and I'll get the heating fixed myself and then I'll try and claim back the expenses.

Apart from these issues I really like the car, the bodywork and interior is in great condition, its obvious it has been looked after. It also passed its MOT last month so I don't have to worry about that. I also really like driving the car (in the 3- days I was actually able to drive it) so don't really want to just send it back and be back at square one.

I wonder if I tell the guy what my intentions are he might suddenly offer a refund....

[Butterflyspring]

I wouldn't trust his mate to fix it either.

[Writerwannabe83]

How long did it take for you to get your refund?
And do you mind telling me what the process was from start to finish?

[Butterflyspring]

few months I think. Wrote letter before action, then small claims process started, seller denied it and wrote a load of nonsense, I got proof of fault from my garage, seller then demanded it was moved to his local court (other end of country) finally it was allocated court date - he never turned up. Was awarded all garage fees, court costs and an amount for travel - £50 I think it was. Seller had 2 weeks to pay up - cheque arrived in the post on day 14.

Used template letters given by Consumer Direct - was very easy.

[BristolRover]

on a large number of those faults, the principle of "buyer beware" will apply. YOu took the car for a 50m drive and then just bought it. You didn't try the cd player or heating system presumably. Your loss.
If however the eBay description said it has a working cd / heating system etc - then they've misdescribed.
Fitness for purpose is entirely a red herring here. The car is fit for its purpose as a car; having a non working fan and cd player doesn't affect that. The ignition worked when you bought it, albeit a bit sticky, and you've decided to change it. Even if you read the consumer link above, your only recourse here relies on how the car was described in the ebay listing as that's what you've relied upon.

[Butterflyspring]

but the seller should have mentioned the faults - and he didn't in the listing. That is the whole point.

[FreckledLeopard]

I'm afraid it's not up to the seller to mention any faults. It's up to the buyer to be satisfied of the car's worthiness. However, IF there were any mis-descriptions in the advert, then you could make a claim for misrepresentation and pursue through the courts.

Frankly, though, it sounds as if they have no money, meaning it would be expensive and ultimately pointless to take court action with little prospect of recovery.

I doubt trading standards would get involved if it was a private sale.

[BristolRover]

no, they don't. Absolute misconception. Provided they have not lied in the description, there is no obligation to divulge - this is not a commercial seller . Have a look at this Which guide [http://www.which.co.uk/consumer-rights/problem/the-second-hand--car-i-bought-has-a-problem-what-are-my-rights]

[Writerwannabe83]

I couldn't take the care for a test drive as I wasn't insured on it and the car didn't have any tax.

I'm not 'choosing' to get the ignition replaced, I HAVE to get it replaced because the key no longer turns in the ignition at all therefore the car does not start.

So basically I've been done over.

I've certainly learnt my lesson!!

[Butterflyspring]

so are you going to write and ask for reimbursement within 14 days or you will take them to court?

[Letthemtalk]

I thought that as it's a private sale then it's buyer beware? You should have had the car checked before you bought it?

[Butterflyspring]

no it isn't buyer beware and that is it - more complicated than that.