Legal matter - faulty car. Help

[Love8989]

Hello,
Has anyone bought a second hand car off someone who claimed to be a private seller
I bought a Nissan Qashqai recently, 2 miles from the house we broke down. I called the man who sold us the car, he offered no help and refused to take the car back and give a refund.
I had the car looked at by a mechanic who told me the car was being topped up with excessive amounts of oil and there was a turbo problem. He said the car would be topped up to stop the engine burning out and to hide the faulty turbo.
I took the man to small claims court as I believe he knew he sold me a unroadworthy car. I have since found lots of evidence that suggests he is actually a trader. Around 20 cars have been sold and advertised online by the people involved in selling me the car. Looks like his made about 21k from the adverts I’ve seen including my car he sold me. Has anyone been successful at a small claims court with a similar situation?

I took the man to small claims court as I
believe he knew he sold me a
unroadworthy car.

So, has the case been to court yet? Your post is a little confusing.

Not yet I’ve been through mediation. Next step is court.

Your problem may be that he describes himself as a private seller as the Consumer Rights Act may not apply here. I returned a car to a local dealership within the 30 day period as it had an ignition fault and the dealer kept asking me to accept repairs where I was left without a car which I need. He failed to repair and wanted it to go away to a main dealer. I then refused.

What a battle I had to get a refund. He even wanted me to accept £500 less back because I had had it a week during which it let me down every day!

Sorry I have no experience of small claims court, but the dealer in my case was really worried that I may take it there.

Hopefully someone will respond who can give you clearer legal advice here. Good luck.

Thank you.
I have lots of adverts that I have found of around 20 cars the grandsons and he advertise from the address I got my car.
Do you think that may prove that he is in fact a dealer posing as a private seller? To avoid paying tax and also he can just say sold as seen ?

It should definitely prove he’s not a private seller, which gives you more rights in this situation. He may not think he’s a trade seller but if he’s buying cars with the intention of selling them on for a profit, then he IS, even if he’s just selling them from his house.

I believe that you can sell three or four cars a year before becoming a non “private vendor” and his relatives can also sell three or four cars each too.

Hi........ that’s not the case. Buying a car with the sole intent to sell it straight on, makes you a trader.

Talk to trading standards, they may already be aware of him

How do we know whether he sold it straight on or not?

I think the person who advertised me the car (the grandsons) is defo a trader and using the grandad to put cars in his name. I have found Loads of adverts that clearly show they sell cars to make profit. Over 20 in the last year and the guys address is in most pictures. I need to prove to the judge that the grandad is aware that he trusted a trader (his grandson) to sell and advertise the car to me? The grandson was the one we initially spoke to and contacted as he posted the car online and arranged the viewing and was present when we viewed and inspected the car.

Good evening.

I’ve added this to make my last post less confusing.

I am after some advice regarding a car that was sold to me. A advert was posted online and we contacted for further information on the car. The guy advertising the car was the mans grandson. I have since found out he has a business page for selling cars and loads of adverts on fb, gumtree and shpock.
The grandson was involved in the selling of the car, when we inspected it and dealing wit the money and log book, changing it over online etc. He arranged for us to go view it. We have all texts to back this up.
It broke down 2 miles from the sellers house (Turbo). They said sold as seen and refused any help. I was 8 months pregnant. The log book was in the grandads name who is claiming he is not a trader. My argument is he trusted his grandson who is a trader to advertise and sell me the car? Am i in the right or will the court likely favour with him as a private seller?

Most of the adverts have the guys street/house in the back ground

I have found over 30 adverts Of cars sold in the last year and still being sold after I bought my car. The adverts describe cars owned by a lady, owned by a old person? We were told the car was for sale due to the grandad not being able to drive anymore. I have taken it to small claims and he is still insisting his a private seller.

Do I have a claim? I don’t want to pay more court fees if I haven’t got a chance..

How do we know whether he sold it
straight on or not?

A small claims court works on the evidence. If there is evidence that he has been selling multiple cars (which there is), And he doesn’t have any proof that he owned and used the car personally, then this will be enough to convince the judge that he is a motor trader.

Thanks for your reply.
How could he prove he owned and used the car for personal use?

The log book was in the grandads name, his insisting it’s a private sell.
Would the judge look at the fact his grandson who I can prove clearly trades was the person who Advertised, arranged viewings and sorted the log book out etc. So the grandad is very aware of it?

I’m worried there going to say the grandad just allowed his grandson to help sell his car

Hi has anyone applied for the right to buy?
I was just wondering if they take into account what you've spent on the house when they value it?
How close was your home valued to the Zoopla estimate valuation or properties sold in the street?

Thank you.

Your problem may be that he describes himself as a private seller as the Consumer Rights Act may not apply here

The fact he describes himself as a private seller is irrelevant. If he is, in fact, a trader the Consumer Rights Act applies.

Do I have a claim? I don’t want to pay more court fees if I haven’t got a chance..

Yes you do have a claim in my view. On the information posted I think the court would conclude he is a motor trader. Even if he isn't, "sold as seen" is not legal. A car sold by a private seller must be roadworthy and must match any description given. If he described it as a "good runner", for example, that implies it is free of significant faults, which is clearly not the case.