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??

I don't know what I'm going to do butterfly

I looked back over the advert last night and there is no mention of the ignition problems or the broken cooling system but at the same time nor does the advert say the cat is in full working order....so I guess they haven't falsely advertised??

Mind you, it does say it has a CD player - they haven't said it is a working one though. Which it isn't.

Its just so much harder because my husband knows the guy so my husband doesn't want it to get messy. He thinks I should just pay the £380 to get the ignition fixed, let the guy pay to have the heating/cooling system fixed and then we can just put it all behind us. I just don't know. I was thinking of ringing the CAB today for some advice.

This is the 2nd car I have had off eBay and the first one I had didn't cause me any problems and lasted me ages. That's probably why I didn't think there'd be any problems with this one either. Typical scenario of a nice married couple, very friendly, living in a nice-ish area, just had a new baby etc - I had no reason to suspect anything.

Yes call CAB and Consumer Direct/Trading Standards for advice. I think you being out of pocket £380 is terrible, and how do you know the other repair will be satisfactory. Their advert is at best misleading but I think they knew damn well what faults were there tbh.

Well if the guy who sold it to me hadn't replaced the battery and hadn't offered to pay for the heating and I'd had to done both then I'd be almost £900 out of pocket

It just seems to wrong.

There's definitely something dodgy about his 'mate' who will fix the cooling system as the guy who sold it me said his mate would come to my house to look at it, then go back to order what parts were needed, come back to my house and take my car away with him, repair it and then return my car.

Surely if this guy owned a garage (as I was told he did) I'd just drop the car off at the garage??

My problem is when I get a bee in my bonnet I don't like backing down - even if its just for the principle of the thing.

I really don't want to cause trouble but at the same time its just not on.

I've had two separate garages tell me the ignition is knackered - but it's not like I can prove the guy and his sister realised the extent of the damage.

I am intrigued though as to whether they will offer me a refund if I tell them I'm planning to go down the route of small claims court to get the money back. I wonder who will have to pay it to me back, the guy I paid it to or the sister he was selling it for and who he forwarded the money on to.

When I asked for his sister's number so I could talk to her direct he said no as she suffers from anxiety and that's why he was selling it on her behalf. I think he was trying to guilt trip me for making such a fuss.

I don't think you are being awkward - and if I were you I would take it further. His sister and her issues is not your problem. I would hope that you saying you will take him to court may be enough to make him pay up. How much was the car? Many people wouldn't have a spare £380 to shell out after buying a car would they?

I would wonder if it is his car and his sister is nothing to do with it at all and he is trying to see you off at the pass.

Well the car is mauve and all the DVLA paperwork is in her name so I assume its her but I have a feeling he knows more than he's letting on.

The car was £1'195 to start with and I got it for £1'100.

As I said, when I went to pick it up it wouldn't start and he said it was the battery and when I was reading something online about the ignition problems it said that faulty ignitions can causer batteries to drain!! I did wonder why he'd gone out and spent £200 on a new battery as opposed to jump starting it, it kind of implies he knew the battery was knackered.

He told me the battery had drained as he'd probably left the radio on - why he'd been in it and listening to the radio I don't know. Plus I don't believe him in hindsight.

I'm currently talking to someone from eBay via their online contact service...

Also £200 for a battery? - more like £50 surely. So you have her address and can send the letter before action to her?

eBay won't do anything. They will just tell you to resolve it with the seller.

He bought an 8 year Premium standard battery - he gave me the receipt for the Service History and it was about £180.

I have spoke to eBay who said cars aren't covered by their protection services.

I called CAB who said that there isn't really much I can do as it wasn't bought through a company or professional traders. She said I could speak to the Trading Services helpline for further information but she didn't sound too hopeful.

and what about the link I posted earlier - sorry but CAB are wrong. But often they are.

Your link is next on my contact list - the nightmare I have is that I have a young baby so can only ring people when he's asleep otherwise he just wants my attention. That's another reason why I feel aggrieved, being housebound with a young baby isn't fun and I've already missed two of his groups as the car doesn't start. He's meant to be seeing his Health Visitor next week inn Clinic but I'm going to have to cancel that too.

and you could certainly do without the hassle I am sure.

I'm really not sure how it works on eBay, but I'm not sure if, ultimately, the seller has to refund the cost.

I know that at car auctions, cars are sold as seen and if they have hidden faults - tough. :(

I really do hope you get it sorted though OP, it sounds like a horrible situation with a less-than-helpful seller.

it really is not as simple as sold as seen - despite what many sellers will try to claim.