HELP PLEASE: Cat-D car bought and seller didnt tell me.
Discussion
Apologies for making a 1st post asking for help but while I've browsed as a guest in the past, I've not felt able to contribute usefully so didnt join, until now.
I HOPE I CAN ALSO HELP SOMEONE ELSE FROM FALLING INTO THE SAME TRAP BUT CAN THERE BE NO 'YOU SHOULD OF DONE A CHECK FIRST!' POSTS - JUST HELPFUL RELIES PLEASE.....
HERE GOES:
________________________________________________________________________________________________
I've just used a fair part of my 25 years of endowment to buy myself the newest car I've ever been able to afford.
It drove beautifully on the test drive and the private 'owner' told me the only fault was the air-con didnt work very well.
I DID ask if the car was a write-off or had outstanding HP and was catagorically told - NO.
There were a few things that seemed odd at the time but the very nice family man who was selling the car had answers for each of my questions however, I didnt buy the car at that time.
He phoned about a week later to say the car was still available and was I interested - I stated the maximum price I would go to and he offered the car to me.
One problem I found straight away the parking sensors not working but it was a week before I could get the car booked into a local garage - I had a look underneath and the sensors were all in place BUT there was NO wiring running to them ??????
To cut a long story short - after the car staying overnight at the garage I got a very sympathic call to say the car has been involved in a serious crash to front & rear, the whole front has been replaced and rear repaired, externally very well but internally - pattern parts have been used, electrics chopped and the computer fault codes not even reset which shows an airbag was deployed in the past.
They estimate £3000 to put the car right to manufacturers specs.
Worse still my son-in-law did a quick £3 internet check (that I thought cost much more for a HPI type check) and it turns out the Car is Cat D write-off from last year.
I dont accept the seller did NOT know what he was selling.
How can someone sell a faulty car that might be relied upon not only by adults but by our grand-children that I also carry?!?!
I have not contacted the private seller yet but did contact trading standards who did not sound very hopeful. I've read of threads on here of buyers getting money back but I think I might be in for a long haul and a possible small claims court case.
I actually wrote that down a few days ago - here is an update:
We now have a series of evidence to show that the seller is a trader (probably unregistered) who is selling multiple vehicles, turns out he has 3 for sale on Ebay at the moment.
The car I bought was originally advertised on Ebay, I did bid, but lost as the car sold at a higher valve - just over £5000
About a week later the seller phoned me to say the winner did not pay and he was calling those who had contacted him to offer the car. We came to an agreement and I bought the car for £5000.
If only I'd looked at Ebay once more I'd of seen that the buyer in actual fact left a negative stating that "THE CAR WAS A CAT-D WRITE OFF THAT THE SELLER DID NOT DISCLOSE".
It was NOT shown as Cat-D on the Ebay auction and neither the winner or myself were told it was a Cat-D.
Trading standards have been informed and said it might well go to a small claims court and to try and ask for my money back if thats what I want, which I do.
Turning to the garage I took the car to.
I used a local main dealer for the car, not a back street shop - they only charged a nominal £60 for the diagnostic check. The service manager took me through most of the visible faults. To summarise, in his opinion - Major front and minor rear impact.
However, the diag shows many faults in the wiring system, multiple low voltages & sensors bypassed.
My worry here is not only that the airbags might not deploy but how would the car withstand any other major impact in the event of an accident?
I visited the very nice man who surprising enough turned into a thug when I asked for a full refund.
Turns out he gave me a false name, but I've been able to find out his real name and the multiple addresses he is registered at.
I cant help but think this is the tip of a local iceberg of a ring who are selling cars on.
Sadly, the police do not appear to be interested as in their opinion nothing criminal has happened, yet, so I'll be back onto trading standards to update them as soon as poss.
I know I'm now in for a long haul & yes, I know that ALL of this could have been prevented by a simple HPI check (now) even via Ebay. But isnt it a sad indication of modern times when all the onus make checks appears to lay with a buyer?
Thanks for reading this far.
I HOPE I CAN ALSO HELP SOMEONE ELSE FROM FALLING INTO THE SAME TRAP BUT CAN THERE BE NO 'YOU SHOULD OF DONE A CHECK FIRST!' POSTS - JUST HELPFUL RELIES PLEASE.....
HERE GOES:
________________________________________________________________________________________________
I've just used a fair part of my 25 years of endowment to buy myself the newest car I've ever been able to afford.
It drove beautifully on the test drive and the private 'owner' told me the only fault was the air-con didnt work very well.
I DID ask if the car was a write-off or had outstanding HP and was catagorically told - NO.
There were a few things that seemed odd at the time but the very nice family man who was selling the car had answers for each of my questions however, I didnt buy the car at that time.
He phoned about a week later to say the car was still available and was I interested - I stated the maximum price I would go to and he offered the car to me.
One problem I found straight away the parking sensors not working but it was a week before I could get the car booked into a local garage - I had a look underneath and the sensors were all in place BUT there was NO wiring running to them ??????
To cut a long story short - after the car staying overnight at the garage I got a very sympathic call to say the car has been involved in a serious crash to front & rear, the whole front has been replaced and rear repaired, externally very well but internally - pattern parts have been used, electrics chopped and the computer fault codes not even reset which shows an airbag was deployed in the past.
They estimate £3000 to put the car right to manufacturers specs.
Worse still my son-in-law did a quick £3 internet check (that I thought cost much more for a HPI type check) and it turns out the Car is Cat D write-off from last year.
I dont accept the seller did NOT know what he was selling.
How can someone sell a faulty car that might be relied upon not only by adults but by our grand-children that I also carry?!?!
I have not contacted the private seller yet but did contact trading standards who did not sound very hopeful. I've read of threads on here of buyers getting money back but I think I might be in for a long haul and a possible small claims court case.
==========================================================================================
I actually wrote that down a few days ago - here is an update:
We now have a series of evidence to show that the seller is a trader (probably unregistered) who is selling multiple vehicles, turns out he has 3 for sale on Ebay at the moment.
The car I bought was originally advertised on Ebay, I did bid, but lost as the car sold at a higher valve - just over £5000
About a week later the seller phoned me to say the winner did not pay and he was calling those who had contacted him to offer the car. We came to an agreement and I bought the car for £5000.
If only I'd looked at Ebay once more I'd of seen that the buyer in actual fact left a negative stating that "THE CAR WAS A CAT-D WRITE OFF THAT THE SELLER DID NOT DISCLOSE".
It was NOT shown as Cat-D on the Ebay auction and neither the winner or myself were told it was a Cat-D.
Trading standards have been informed and said it might well go to a small claims court and to try and ask for my money back if thats what I want, which I do.
Turning to the garage I took the car to.
I used a local main dealer for the car, not a back street shop - they only charged a nominal £60 for the diagnostic check. The service manager took me through most of the visible faults. To summarise, in his opinion - Major front and minor rear impact.
However, the diag shows many faults in the wiring system, multiple low voltages & sensors bypassed.
My worry here is not only that the airbags might not deploy but how would the car withstand any other major impact in the event of an accident?
I visited the very nice man who surprising enough turned into a thug when I asked for a full refund.
Turns out he gave me a false name, but I've been able to find out his real name and the multiple addresses he is registered at.
I cant help but think this is the tip of a local iceberg of a ring who are selling cars on.
Sadly, the police do not appear to be interested as in their opinion nothing criminal has happened, yet, so I'll be back onto trading standards to update them as soon as poss.
I know I'm now in for a long haul & yes, I know that ALL of this could have been prevented by a simple HPI check (now) even via Ebay. But isnt it a sad indication of modern times when all the onus make checks appears to lay with a buyer?
Thanks for reading this far.
Falco said:
But isnt it a sad indication of modern times when all the onus make checks appears to lay with a buyer?
I believe that the term Caveat Emptor (buyer beware) has been around for some time and people getting ripped off is let’s face it, nothing new . . . . . . . however I do sympathise with your plight and wish you the very best of luck in getting your money back.A sad story, and yes I guess it is an inditment of our times. No advice I'm afraid. Obviously, it's easy to see now that the clues were there, even the auction itself was probably a scam, it sounds like he 'shill bid' against his own car to get you to offer the maximum amount you possibly would, you weren't actually bidding against other people. Hopefully your story will make others be more careful. Once again, sorry to hear your story but yes, unless it's from a main dealer or similar it is very much buyer beweare.
General Price said:
Buyer beware.
Why did you bother hp'i ing the car after you had bought it.
Still find it unbelivable people don't hp'i cars before purchase and then whine afterwards when it turns out to be dodgy.
HPIs aren't infallible and civil claims don't revolve around 'caveat emptor' if something is wrong with an item and it isn't stated. Why did you bother hp'i ing the car after you had bought it.
Still find it unbelivable people don't hp'i cars before purchase and then whine afterwards when it turns out to be dodgy.
With this kind of attitude car dealing will always have a bad rep. I'm sure plenty of good honest traders get sick of the cowboys, problem is that a portion of arrogant people say, "tough luck, should have done x, y and z" as if nothing bad has ever happened to them. At the end of the day we all go through life making decisions based on good faith. Sometimes we get our fingers burned. Doesn't mean that it should happen or is acceptable when it does.
As has been said above "Caveat Emptor" has been around a while (2000 years or so!) but you may still have redress since the seller plainly knew it was a Cat D (make sure you print a copy of the eBay page with the feedback on. And possibly send a message to the previous "buyer". Then get down to the Citizen's Advice Bureau or your solicitor. A strongly worded letter will probably sort it out, but you may need to go to small claims.
Guy sounds like a crook selling tat to buyers as a private seller when he isn't.
I'd personally get together a few lads and demand your money back. With shysters like this, you aren't going to get any luck with small claims courts etc. He will probably need to think he is in for a pasting before he bothers to do anything.
Also make yourself a thorn in his side and always bid highest on his ebay auctions etc and generally be a pain.
I'd personally get together a few lads and demand your money back. With shysters like this, you aren't going to get any luck with small claims courts etc. He will probably need to think he is in for a pasting before he bothers to do anything.
Also make yourself a thorn in his side and always bid highest on his ebay auctions etc and generally be a pain.
davepoth said:
As has been said above "Caveat Emptor" has been around a while (2000 years or so!) but you may still have redress since the seller plainly knew it was a Cat D (make sure you print a copy of the eBay page with the feedback on. And possibly send a message to the previous "buyer". Then get down to the Citizen's Advice Bureau or your solicitor. A strongly worded letter will probably sort it out, but you may need to go to small claims.
I think it comes under the "purchase not as described" legislation, if you were catagorically told something about the car that it transpires it not true and fundamentally affects it (such as it being a repaired write-off) then I'd imagine that as long as you can prove that you were mislead you would have grounds to return the car.The onus will be on you proving that you were mis-sold it though.
Couple of points....
Trader has to tell you if the vehicle has been Cat C or D.
Private seller does not have to declare.
However, if you specifically asked a private seller the question and they denied, then you have a good case. Issue will be how you can substantiate "ask and answered".
Given that "your" seller is masquerading as a privtae seller, you probably have a good case. Expect stress and hassle......these situations always involve pain. Good luck.
Trader has to tell you if the vehicle has been Cat C or D.
Private seller does not have to declare.
However, if you specifically asked a private seller the question and they denied, then you have a good case. Issue will be how you can substantiate "ask and answered".
Given that "your" seller is masquerading as a privtae seller, you probably have a good case. Expect stress and hassle......these situations always involve pain. Good luck.
Thank you for the useful replies.
I have contacted Ebay and while they seem happy to instantly shutdown auctions with incorrect titles and other trivia, they seem happy so far to let a crook's auction run.
Likewise the crook told me he was unemployed, yet still runs this 'business' - thankfully its possible to report someone defrauding the DHSS via an online form now; I hope he gets a visit soon.
We WILL also get compensation one way or another.
Regards - Falco
I have contacted Ebay and while they seem happy to instantly shutdown auctions with incorrect titles and other trivia, they seem happy so far to let a crook's auction run.
Likewise the crook told me he was unemployed, yet still runs this 'business' - thankfully its possible to report someone defrauding the DHSS via an online form now; I hope he gets a visit soon.
We WILL also get compensation one way or another.
Regards - Falco
With regards to eBay and dodgy cars, of course it is a place that can be used by conmen and traders etc, however for the price at which I but cars I doubt that I would look anywhere else!
The reason being that they will probably have feedback and you can check whatever else they have been buying or selling , this can't be done using autotrader , and how do you get feedback on a dealer?
Pay your money and take a chance.
The reason being that they will probably have feedback and you can check whatever else they have been buying or selling , this can't be done using autotrader , and how do you get feedback on a dealer?
Pay your money and take a chance.
I sympathise greatly, however - why on earth did you not HPI check the car before you handed over the money???
As it is a private sale, I personally don't hold out much hope for you getting your money back unless the seller has a change of heart. There are a couple of technicalities as mentioned above that give you a chance, but you would first need to prove them and then actually do something about it.
The seller will likely claim you didn't ask if it was a write off or say he honestly didn't know. Even if it goes down the SCC route and it is determined in your favour (50:50 chance) you still face the difficulty of getting money out of him!
Best of luck.
As it is a private sale, I personally don't hold out much hope for you getting your money back unless the seller has a change of heart. There are a couple of technicalities as mentioned above that give you a chance, but you would first need to prove them and then actually do something about it.
The seller will likely claim you didn't ask if it was a write off or say he honestly didn't know. Even if it goes down the SCC route and it is determined in your favour (50:50 chance) you still face the difficulty of getting money out of him!
Best of luck.
believe in karma
believe me, what goes around comes around- prats and assholes get their cumuppance every time- make that extra effort and let karma solve everything else
the seller knew what he was doing, in time something will happen to him im sure
oldstory- knew a drug dealer, at 20 owned an aston martin vantage (lived in a flat!) within 5 years his new born baby got trapped under a car
sad thing to happen but the guy who sold death to other people's children suffered it himself
thats karma
believe me, what goes around comes around- prats and assholes get their cumuppance every time- make that extra effort and let karma solve everything else
the seller knew what he was doing, in time something will happen to him im sure
oldstory- knew a drug dealer, at 20 owned an aston martin vantage (lived in a flat!) within 5 years his new born baby got trapped under a car
sad thing to happen but the guy who sold death to other people's children suffered it himself
thats karma
I remeber a while back a chap from Çnottingham in the same boat as you. The seller of the car was a police officer. He went to court and wone his case because the chap did not advertise the fact it was cat d. In your case he cannot say he did not no as the reason for the other person not continueing with the purchace was the fact it was cat d and would of informed him good luck
Got a link to the auction/ car in question?
If you specifically asked him the question was it a write-off and he said no, and you later discovered it was, I'd say a breach of contract has occurred and you should be entitled to compensation. I'm not an expert, but it sounds like he has lied to you and mis-represented the vehicle. Goods purchased from a private seller have to meet their description, and this clearly does not.
If you specifically asked him the question was it a write-off and he said no, and you later discovered it was, I'd say a breach of contract has occurred and you should be entitled to compensation. I'm not an expert, but it sounds like he has lied to you and mis-represented the vehicle. Goods purchased from a private seller have to meet their description, and this clearly does not.
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