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2nd Hand Car Problems - Can I claim against the private seller?
Hi All, I've just found this forum and spent a lot of time reading in here. Finding it all very interesting!
I have an issue with a private car sale which is how I found this forum and I'm not sure whether to proceed with the small claims court or not. I would really appreciate some opinions from you guys as there seems to be a lot of collective experience on here. The story goes like this:- (I'll try and keep it concise)
(Edit - Apologies for length!!)
I found a car on ebay which fitted exactly what I was after - BMW 5 series with all the trimmings for a very reasonable price
After using a text message type HPI check, it came back as Cat D. I phoned the seller and he told me he was unaware of this fact. To me, it explained why the car was priced on the cheaper side so I was still happy with the car overall. I also did a mileage text check but it came back with 'no information on that car'. I paid a small-ish deposit to get the seller to hold the car until later that week when I could go and view it.
I took the car for a little test drive, looked it over and everything seemed ok (I'm not a mechanic). I arranged to collect the car a few days later once the funds were in place and insurances etc sorted out and he ended the eBay auction early as sold elsewhere. It goes a bit downhill from here, as you can probably guess!
When I went to collect the car, the iDrive screen was turning on and off, which the seller explained was because the valeters had let the car run flat earlier whilst cleaning it, and that the low battery power was affecting the system. I believed him so we left it running while paperwork etc was filled in and money changed hands. Unfortunately, within five minutes of leaving the guys house, the transmission warning light comes on and the car goes into limp mode. Ok I thought, I'll turn it off and on again to see if it clears. Only problem is that the battery is low so I need to drive it for a bit first. I stop for fuel about 45 mins later and when I start the car again, the light comes on again. At this point I text the seller with the issue and he replies saying it's only ever done it once before but can't offer any advice.
This post is turning out longer than planned so I'll try and summarise a bit from here...
A week or so later I text him to say I want to give the car back and get a refund as the mileage doesn't check out properly, the transmission issue is still there (intermittently) and the iDrive system issue returns on a daily basis. He refused with a 'sold as seen' comment.
I have found forum posts from the guy looking for answers to the transmission and iDrive faults and have screenshots of all of them. I had also learned that the mileage can be checked on the DVLA website since getting concerned about the history of the car. The mileage at the end is correct but the first MOT was 113, 000 Km, then 4th year was 3500 miles through to the mileage shown on the clocks now. I thought maybe the Km was an error buty that would mean that in four years, the car only did 3500 miles which is very unlikely. I don't know how accurate the MOT records are.
I have written to him, with enclosed copies of posts, mileage records etc, telling him I want some of my money back as he refused to take the car back, and threatened legal action if no offer was made. He has not made any offer and said that he has no intention to. I wrote again to rebut his arguments and state again that I intent to pursue this in the small claims court. His last reply was in a similar vein to the first, essentially refusing.
I am now trying to find out if I have any chance of a claim or not and whether it's worth the time and effort to pursue. I appreciate that I can't put all the letters etc on here but, in my eyes, the bones of it are:-
Car was advertised with a certain mileage
Car was described verbally as working fine
Mileage appears to be incorrect to the tune of around 70k miles
Car is not fine and has issues which I didn't (couldn't reasonably have?) picked up on the test drive
I can prove he was aware of the faults prior to the sale
He also did not mention the Cat D registration - I was aware of it prior to the sale so this does not form part of my argument, however, he works in an accident repair centre so I find it hard to believe he wouldn't check a car. I imagine it to be more of a character indicator. Oh, and I found out his profession after I'd paid for the car, unfortunately.
I have asked for £2,500 back to balance the non-working elements and the incorrect mileage. I paid £7,500.
I'm interested to see if I have a leg to stand on!
Thanks in advance and thanks for getting this far in the post!
I have an issue with a private car sale which is how I found this forum and I'm not sure whether to proceed with the small claims court or not. I would really appreciate some opinions from you guys as there seems to be a lot of collective experience on here. The story goes like this:- (I'll try and keep it concise)
(Edit - Apologies for length!!)
I found a car on ebay which fitted exactly what I was after - BMW 5 series with all the trimmings for a very reasonable price
After using a text message type HPI check, it came back as Cat D. I phoned the seller and he told me he was unaware of this fact. To me, it explained why the car was priced on the cheaper side so I was still happy with the car overall. I also did a mileage text check but it came back with 'no information on that car'. I paid a small-ish deposit to get the seller to hold the car until later that week when I could go and view it.
I took the car for a little test drive, looked it over and everything seemed ok (I'm not a mechanic). I arranged to collect the car a few days later once the funds were in place and insurances etc sorted out and he ended the eBay auction early as sold elsewhere. It goes a bit downhill from here, as you can probably guess!
When I went to collect the car, the iDrive screen was turning on and off, which the seller explained was because the valeters had let the car run flat earlier whilst cleaning it, and that the low battery power was affecting the system. I believed him so we left it running while paperwork etc was filled in and money changed hands. Unfortunately, within five minutes of leaving the guys house, the transmission warning light comes on and the car goes into limp mode. Ok I thought, I'll turn it off and on again to see if it clears. Only problem is that the battery is low so I need to drive it for a bit first. I stop for fuel about 45 mins later and when I start the car again, the light comes on again. At this point I text the seller with the issue and he replies saying it's only ever done it once before but can't offer any advice.
This post is turning out longer than planned so I'll try and summarise a bit from here...
A week or so later I text him to say I want to give the car back and get a refund as the mileage doesn't check out properly, the transmission issue is still there (intermittently) and the iDrive system issue returns on a daily basis. He refused with a 'sold as seen' comment.
I have found forum posts from the guy looking for answers to the transmission and iDrive faults and have screenshots of all of them. I had also learned that the mileage can be checked on the DVLA website since getting concerned about the history of the car. The mileage at the end is correct but the first MOT was 113, 000 Km, then 4th year was 3500 miles through to the mileage shown on the clocks now. I thought maybe the Km was an error buty that would mean that in four years, the car only did 3500 miles which is very unlikely. I don't know how accurate the MOT records are.
I have written to him, with enclosed copies of posts, mileage records etc, telling him I want some of my money back as he refused to take the car back, and threatened legal action if no offer was made. He has not made any offer and said that he has no intention to. I wrote again to rebut his arguments and state again that I intent to pursue this in the small claims court. His last reply was in a similar vein to the first, essentially refusing.
I am now trying to find out if I have any chance of a claim or not and whether it's worth the time and effort to pursue. I appreciate that I can't put all the letters etc on here but, in my eyes, the bones of it are:-
Car was advertised with a certain mileage
Car was described verbally as working fine
Mileage appears to be incorrect to the tune of around 70k miles
Car is not fine and has issues which I didn't (couldn't reasonably have?) picked up on the test drive
I can prove he was aware of the faults prior to the sale
He also did not mention the Cat D registration - I was aware of it prior to the sale so this does not form part of my argument, however, he works in an accident repair centre so I find it hard to believe he wouldn't check a car. I imagine it to be more of a character indicator. Oh, and I found out his profession after I'd paid for the car, unfortunately.
I have asked for £2,500 back to balance the non-working elements and the incorrect mileage. I paid £7,500.
I'm interested to see if I have a leg to stand on!
Thanks in advance and thanks for getting this far in the post!
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