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Legal matters

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Original poster

In a bit of a mess

50 replies

yellowgusset · 07/09/2020 10:53

Hi everyone,

I purchased a car on Friday from a private seller, about 20 minutes after I left the warning light came on saying "stop: engine oil pressure too low" so I took it to a garage today. The has said that the head gasket is ruined, there's been a bodged fix to the engine which will cost £550 to fix. The car was £850! I don't have the money to fix that so it's really screwed me.

I contacted the seller who has said the car was 'sold as seen' and it's not his responsibility. From what I can tell online the law is only on my side if they were deliberately misleading or the car is unroadworthy. Both are true but I don't know how to approach this as he is refusing responsibility and saying he didn't know about the fault. Do I call 101?

OP posts:

HollowTalk · 07/09/2020 10:59

That's terrible. It does sound like too much of a coincidence that he shouldn't know about that.

HollowTalk · 07/09/2020 11:01

The car isn't roadworthy. I'm not sure whether this is something for the small claims court or not.

TorysSuckRevokeArticle50 · 07/09/2020 11:02

I could be wrong about this but I don't think it's a criminal matter it will be a civil matter so small claims court.

Ask the garage to write you a report on the state of the car when they first saw it, what made them think a bodge fix had been applied and what they did to resolve as well as costs.

Send a formal letter by special delivery tracked and signed for giving the seller 28 days to refund the car and your costs or you will issue small claims proceedings.

Small claims is very low cost and if you win the costs are passed to the other side.

Original poster

yellowgusset · 07/09/2020 11:39

Thanks TorysSuck I will do that. I have spoken with the CAB too who said similar, the burden of proof is on me but if the garage write that it's unroadworthy I should have a good case. The only issue is this guy seems pretty evasive and I don't have his home address.

OP posts:

ProfessorSlocombe · 07/09/2020 11:53

@yellowgusset

Balance of probabilities suggest it's a dealer trying to evade Consumer Protection Laws.

The problem with asking for a report is that when it goes to court, you might have to actually call the person that compiled it - which is extra dosh on top of the court fees.

And if you can't enforce any judgement because you can't find an address for service you'd be morally right and financially even worse off.

AmandaHoldensLips · 07/09/2020 12:02

The seller's address should be on the V5 document.

Original poster

yellowgusset · 07/09/2020 12:17

Hi AmandaHoldensLips, do you know if it will be on the new one that I get sent in the post? I only got the green 'new keeper' slip when I bought it.

OP posts:

Decentsalnotime · 07/09/2020 12:19

What, if any, investigation did you do? Or did you just see from the outside and buy?

Original poster

yellowgusset · 07/09/2020 12:35

I did look under the bonnet and test drive it but to the untrained eye it all looks fine and the warning light doesn't come on until you've been driving about 20 minutes, so didn't show up on the test drive. The car drives perfectly.

OP posts:

AiryFairyMum · 07/09/2020 12:41

How did you pay and where did you you collect it from?

Original poster

yellowgusset · 07/09/2020 12:51

I paid cash and collected it from the farm where he lives and works, but he's only there for the harvest so they provide temporary accommodation there, it's not his actual home address IYSWIM.

OP posts:

ivfbeenbusy · 07/09/2020 13:00

Anyone buying a car for £850 is naive if they don't think they are buying an absolute old banger

If you aren't knowledgeable on cars then it's always best to take someone with you when viewing

Isn't the saying "buyer beware" ??

I'd chalk this one up to one of life's lessons for the future

Original poster

yellowgusset · 07/09/2020 13:12

I'd love to have the luxury of chalking £550+ up to "one of life's lessons"

OP posts:

PastMyBestBeforeDate · 07/09/2020 13:17

They've stopped putting the previous owner's details on the V5.

Decentsalnotime · 07/09/2020 13:42

Money is clearly very tight

And yet you made a sizeable purchase of a vehicle based on lifting the Bonnet (Do you understand an engine? I don’t!).

OP - you took a risk. You did no due diligence whatsoever. Unfortunately it has back fired.

Feminist10101 · 07/09/2020 13:46

@yellowgusset

I paid cash and collected it from the farm where he lives and works, but he's only there for the harvest so they provide temporary accommodation there, it's not his actual home address IYSWIM.

Christ. Saw you coming, didn’t he.

I can’t see you getting anything back on this. The fact you thought lifting the bonnet and less than 20 mins driving was enough time to fully assess a car says a lot.

Original poster

yellowgusset · 07/09/2020 13:51

Decentsalnotime My new business failed due to covid and I have been on UC since March so yes money is extremely tight, I will be starting a new job as a carer next week so I need the car.

I don't know any mechanics personally who could have come with me. I appreciate a certain amount of due diligence is required but feel that I did this and the person knew that the fault was difficult to detect so was happy for me to look at the car and test drive.

OP posts:

HolyForkinShirt · 07/09/2020 13:52

@ivfbeenbusy has a very valid point. you are getting a car someone wants to get rid of quick.

where did you actually buy the car from? was is a garage or a private person.

netstaller · 07/09/2020 13:55

@Feminist10101 that's a harsh post, most people don't know the in and outs of car mechanics. Really sorry this has happened.

ChaChaCha2012 · 07/09/2020 13:58

If the fault was difficult to detect, how can you prove that the seller knew about it? When was the last MOT, was anything noted then?

Even if you get a small claims award in your favour, there's no guarantee you'll see the money. Enforcement can be very difficult.

Original poster

yellowgusset · 07/09/2020 13:59

HolyForkinShirt A private person. To be honest it didn't appear to me that he wanted to get rid of it quick, I looked at so many cars online and they do seem to go quickly at this price bracket. This was the fourth or fifth one I wanted to view, all the others were sold before I could get there!

OP posts:

ChaChaCha2012 · 07/09/2020 14:00

most people don't know the in and outs of car mechanics.

Which is why 'looking under the bonnet' is not due diligence.

Original poster

yellowgusset · 07/09/2020 14:04

ChaChaCha2012 The alarm comes on after 20 minutes of driving and then repeats every 2 minutes after that. The mechanic I took it to stated that the problem was a botched repair, so clearly this guy did something to try and fix the problem. It must have been done in his keeping, as he's owned it for over a year so otherwise it would have been picked up on the last MOT.

From what I've read online I don't have to prove that he knew about it anyway, just that the car is not roadworthy. I would have been happy just to return it to him but he's denied liability and is refusing the return which I also think is very shady.

OP posts:

CausingChaos2 · 07/09/2020 14:07

I hope I’m wrong but I thought in private car sales ‘caveat emptor’ applies.

ProfessorSlocombe · 07/09/2020 14:10

Even if you get a small claims award in your favour, there's no guarantee you'll see the money. Enforcement can be very difficult.

generally civil law assumes people are decent (best park any logic in that assumption now or you will go mad).

So the only remedies available through court are based on people being "good eggs" and having addresses where you can serve summons and send bailiffs.

Seasoned crooks tend to know exactly how to "disappear" - not just themselves but any hope of extracting money from them. Which - surprise surprise - is what they do.

I have long felt there should be an additional layer of sanctions available when it's clear a person has set out to act in a fraudulent manner.

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