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AIBU?

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Original poster

Scammed. Help?

62 replies

BeenScammed · 12/10/2021 21:38

Not really aibu.. more posting fit traffic.

Basically brought a second hand car. Guy said he didn't have time to stick a new mot on it. He said nothing wrong with it etc. (MOT till dec).

I took it for mot today. There's an endless list of serious reasons it's failed. Not worth fixing.

I have the guys name. I've looked him up
On Facebook. He runs a "buy any car, dead or alive" business. Clearly he knew this car was a piece of shit.

I want to take him a small claims court. How do I do this? How do I get his address?

I'm on mat leave, getting paid very little and that'll stop soon. This is the last thing I needed right now Angry

OP posts:
2typesofjungle · 12/10/2021 21:41

I don't imagine you'd have much success, you bought a car in a private sale without an MOT and trusting his word...but I'm happy to be proved wrong.

VladmirsPoutine · 12/10/2021 21:44

Where did you go to pick up the car? How did you pay?

SylvanasWindrunner · 12/10/2021 21:45

You need to find out whether he's sold it to you as a trader through a registered business or as a private seller, as the former has way more scope for getting something than the latter.

From Trading Standards:

'Do you have the same protection when buying privately?

The general rule is 'let the buyer beware' when you buy from a private seller, as you do not have the same legal rights as you do when buying from a trader. You are entitled to expect that the vehicle is 'as described'. You do not have the right to expect that it is of satisfactory quality or fit for its purpose, unless the seller informed you that it was. For example, if an advertisement says 'low mileage, one previous owner', it must be correct. This also applies if you buy from a private seller online or through an internet auction. You should check the vehicle thoroughly before you buy it.

Whether you buy privately or from a trader, you are entitled to expect that the vehicle is roadworthy, unless you and the seller clearly agree it is bought for scrap or for spares and repair.

You are also entitled to expect that the seller has 'good title' to the vehicle. This means the person selling the vehicle must own it. If you buy a vehicle that you later find out is stolen, you do not have the legal right to keep it. You will have to try and get your money back from the seller.

The Consumer Credit Act 1974 gives 'good title' to the innocent private buyer of a vehicle that later turns out to be 'owned' by a finance provider. This means that if the previous owner sold the vehicle to you when there was finance (hire purchase or conditional sale) outstanding and you were unaware of this, the finance provider cannot repossess the vehicle from you. This does not apply to vehicles that have been stolen or vehicles that were subject to a lease or hire agreement.

You should be aware that a trader may mislead you by pretending to be a private seller - for example, selling vehicles at the roadside or via an advertisement - to avoid their legal obligations to you. If you come across a situation like this, complain to the Citizens Advice consumer service for a referral to trading standards.'

TheMagicPudding · 12/10/2021 21:45

Unfortunately I would agree I dont think you will get very far with a claim, unless he has deliberately mis sold but that will be hard to prove. You could have asked him to provide a copy of the previous MOT prior to purchasing.

I also.didnt think you could take a car for a new MOT until shortly before its previous one expired? May be wrong about that though!

TakeYourFinalPosition · 12/10/2021 21:47

Basically brought a second hand car. Guy said he didn't have time to stick a new mot on it. He said nothing wrong with it etc. (MOT till dec).

Have you got that in writing?

How did you pay for the car?

Did you inspect it before you bought it?

Knockoneofftheshelftowin · 12/10/2021 21:57

If you look on gov.uk mot checker, you can see if the vehicle passed or failed or had any advisories.
For future reference.

lastqueenofscotland · 12/10/2021 22:00

how long have you had the car?
If it had a valid MOT when your bought it and had not since been written off I don’t think you have a leg to stand on.

VerityLivesOn · 12/10/2021 22:08

How old is the car?

MrsFin · 12/10/2021 22:10

Did you check the car before you bought it? Or did you ask someone else to?
It's caveat emptor I'm afraid. The guy may be immoral, but he hasn't done anything illegal.
I sold a car last year. It was old and haggard but had been a great "goer" - we bought it for DD to learn to drive on, and they both drive it after they passed their tests.
Two days after I sold it the radiator sprang a leak and it cost the buyer (an acquaintance) more to repair than she paid me for the car (£300).
I had no idea. She bought on sight and didn't lift the bonnet.

JessicaFletcherxx · 12/10/2021 22:14

Unless you bought it under his business where you would hopefully have been given a warranty then it is classed as 'sold as seen' and therefore you don't have any comeback.

LIZS · 12/10/2021 22:14

If he is a trader rather a private seller you may have more recourse. Did you look up last year's mot before buying? Did it have any advisories then, does the mileage look "right"? Is his address on the ownership form/log book, how did you pay?

toocold54 · 12/10/2021 22:23

What did the advert say? Did it say the things that are broken were working or did it just say sold as seen?

If he’s a private seller and he claimed things worked when they don’t then he’s in the wrong but if he said sold as seen type thing then he’s not technically done anything wrong as he’s say you should have done the checks yourself.

19lottie82 · 12/10/2021 22:30

You have very few rights if you bought privately, but if you can prove he’s a dealer, and you have it in writing that it was sold as “nothing wrong with it” then you may have a case.

Is his company registered on Companies House?

How old is the car, and how much did you pay for it? This will also play a part in if you have a claim or not.

Unless you have a strong case here I’m afraid I wouldn’t get my hopes up.

I don’t mean to sound patronising but next time you buy a car please do your research rather than relying on the word of the seller.

“Not having time to do an MOT on it”, should have been a warning straight away.

SylvanasWindrunner · 12/10/2021 22:49

RAC offer a service where a mechanic goes to look at a prospective car and tells you what's wrong with it. It's like £100 or something. Just in case anyone is in a similar situation!

RainSunflower0ct0ber · 12/10/2021 23:49

You were not scammed

You can check any cars MOT history on line if you know the vehicle registration number. It will show you all the past MOT dates, mileage, failures or passes

Did you get anyone to physically check the car before you bought it ?

You can buy old bangers from a garage that will give you a month guarantee & better checks
Or as other people have suggested get AA or RAC or a friend to do a car check

Skysblue · 13/10/2021 11:03

Sorry to hear that OP. That really sucks.

You weren’t scammed, but you were defrauded as you believed his statement the car was fine, and that was a lie. That is misrepresentation, a type of fraud.

But, you can’t prove it. You can take him to Court, but he will simply say “I never said that” and you would lose the case unless you can prove that he did. Unless you have it in writing or on video I don’t think there is much you can do.

You could try asking him for the money back and perhaps threatening to report him to the police for criminal fraud. But really there is not much you can do.

I’m sorry this happened.

Original poster
BeenScammed · 13/10/2021 21:15

I didn't know you could see previous mot tests online. I checked it had an mot.

Having now looked at the previous mot's. Failed dec 4th 2020. Then passed dec 16th. No work has been done. I'll be reporting the garage.

I've got messages from him saying he's a dealer and there's nothing wrong with the car.

OP posts:
LIZS · 13/10/2021 21:22

If he claimed to be a dealer he could more reasonably be presumed to give an expert opinion on its roadworthiness. You can submit a claim online www.gov.uk/make-money-claim . If you paid by cc or even debit card you may have more rights through them but am guessing probably not.

StrongTea · 13/10/2021 21:25

Trading standards may help.

LawnFever · 13/10/2021 21:30

If it had an mot that was valid until Dec he had no reason to put it through another one.

An mot isn’t the only way of knowing a car is in a decent condition, and there are plenty of things that can go wrong that aren’t covered on an mot - did you get its service history?

I think unfortunately you don’t have much chance of claiming anything against him if you didn’t get it checked by a mechanic before you bought it and just took his word it was fine.

On the previous mot, what did it fail on and then pass the second time? I don’t see what you think you can report them for, surely whatever it failed for was fixed?

Hope478 · 13/10/2021 21:32

I don't think you have a leg to stand on if it was sold as seen.

icedcoffees · 13/10/2021 21:36

An MOT only shows a car is roadworthy on the day of the test - anything could have happened in the last ten months to cause the car to have serious problems.

If you bought it off him as a private seller then I'm afraid you're probably out of luck as the advice is to get it checked over before handing over any money. It's not his fault you handed over the money without getting it looked at by a garage.

However if you bought it though his company then you may have some luck with trading standards as businesses have to operate under certain procedures and the car has to be in the condition they sag it is when it's sold.

MyNameIsArthur · 13/10/2021 21:37

Have you checked Companies House? Might be listed on there. Would give an address on there

Dutchesss · 13/10/2021 21:37

I've got messages from him saying he's a dealer and there's nothing wrong with the car.
If you have a message from him saying there's nothing wrong with the car then you would be entitled to a refund. How long ago did you buy the car?

LawnFever · 13/10/2021 21:44

@Dutchesss

I've got messages from him saying he's a dealer and there's nothing wrong with the car. If you have a message from him saying there's nothing wrong with the car then you would be entitled to a refund. How long ago did you buy the car?
Not necessarily, he’s not wrong in saying the car has a valid mot, it did - that doesn’t mean anything if it’s not been checked by a garage.

OP did he say it had been serviced and provide any service history? An mot doesn’t mean everything has been checked.

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