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Buying a car
Hello , Not sure if this is the correct question to be put here but couldnt see any other area but anyway..
I brought a Citroen Saxo last week off ebay.
In the description it says the usall MOT and Tax and about the car plus pictures.
He said he had bits and parts replaced no more than 500 miles ago. And that the car was superb and in very good condition.
I went to yorkshire after speaking on the phone asking him more about it etc , Bearing in mind it took me 5 hours to get there by car.
As i got there we took it for a test drive and everything seemed okay , The clutch and gear box felt funny but because it was a 9 year old car and i was used to driving 09 corsa i thought it was just that.
He said to me about paperwork and showed me the mot and logbook and other receipts from a brown envelope. And it all checked out fine. I paid the sum of �1300.00 to him in cash and that was that. I drove the car home.
When i got home i got the paperwork out of the brown envelope and their was no mot or logbook but a green new keepers form with his name and address on it , and he has refused to send it to me.
I checked with Mot station and it has had two mot's within the last year which i find dodgy and he reckons it passed with flying colours on both but the police said it would never ever pass how it is.
The next day i took the car to my dads to show him and my clutch and gearbox went. So i phoned him and he said its nothing to do with me i had it done couple months ago and he said he done it himself.
So i was pretty mad , as i had to fork out �590.00 to have it fixed and repaired. Aswell as a further �140.00 to have the exhaust road legal and links in the gear box replaced(this was only 22hours after buying).
I said i wanted my money back or him to pay some to help me out and he said no and put the phone down.
I brought a Citroen Saxo last week off ebay.
In the description it says the usall MOT and Tax and about the car plus pictures.
He said he had bits and parts replaced no more than 500 miles ago. And that the car was superb and in very good condition.
I went to yorkshire after speaking on the phone asking him more about it etc , Bearing in mind it took me 5 hours to get there by car.
As i got there we took it for a test drive and everything seemed okay , The clutch and gear box felt funny but because it was a 9 year old car and i was used to driving 09 corsa i thought it was just that.
He said to me about paperwork and showed me the mot and logbook and other receipts from a brown envelope. And it all checked out fine. I paid the sum of �1300.00 to him in cash and that was that. I drove the car home.
When i got home i got the paperwork out of the brown envelope and their was no mot or logbook but a green new keepers form with his name and address on it , and he has refused to send it to me.
I checked with Mot station and it has had two mot's within the last year which i find dodgy and he reckons it passed with flying colours on both but the police said it would never ever pass how it is.
The next day i took the car to my dads to show him and my clutch and gearbox went. So i phoned him and he said its nothing to do with me i had it done couple months ago and he said he done it himself.
So i was pretty mad , as i had to fork out �590.00 to have it fixed and repaired. Aswell as a further �140.00 to have the exhaust road legal and links in the gear box replaced(this was only 22hours after buying).
I said i wanted my money back or him to pay some to help me out and he said no and put the phone down.
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I had it taken to a highly trained merchanic and he said its very unsafe and should not be on the road as he wrote a list of what was wrong and why it shouldnt be on the road the list had 13 individual problems.
So i then took it to Essex Police Unit who film Police interceptors around Essex as they would know alot more than me and also able to give their verdict.
Eight trained traffic police officers took a look at the car and said that i cannot at all drive this car as it is very dangerous and you will kill yourself or somebody else.
The gear box and exhaust was held on and up by numerous Cable ties and the battery was leaking and wires were bear in the engine and could of caused a explosion as was near the petrol line and tank.
He had to put it on the Police system that it was not to be driven on the road and then had to pay �180.00 to have it took back to my house as they wouldnt let me drive it.
Policeman said to use their details and if the seller wanted to contact them he could. Basically i was driving a time bomb waiting to go , As i could of killed myself or someone else.
Where do i stand here? Please reply when possible .
Thanks again.
So i then took it to Essex Police Unit who film Police interceptors around Essex as they would know alot more than me and also able to give their verdict.
Eight trained traffic police officers took a look at the car and said that i cannot at all drive this car as it is very dangerous and you will kill yourself or somebody else.
The gear box and exhaust was held on and up by numerous Cable ties and the battery was leaking and wires were bear in the engine and could of caused a explosion as was near the petrol line and tank.
He had to put it on the Police system that it was not to be driven on the road and then had to pay �180.00 to have it took back to my house as they wouldnt let me drive it.
Policeman said to use their details and if the seller wanted to contact them he could. Basically i was driving a time bomb waiting to go , As i could of killed myself or someone else.
Where do i stand here? Please reply when possible .
Thanks again.
Your legal problem lies within the area of the law of contract.
The car's quality and fitness has been misrepresented to you - quite clearly. Therefore the contract is not void, but is voidable. You should raise a small claims action on the grounds of misrepresentation and include as evidence what you have explained here and any documented evidence - such as your payment to the police and their reasons for you having to pay to them what you did.
The court should award you the sale price plus damages and costs.
One other thing (at the risk of appearing to be a bit patronising).
Do not buy vehicles from Ebay that are a 'dime a dozen'. Ebay is fine if you are looking for a 1967 MKII Cortina because such cars are relatively rare. But Saxo's are plentiful from Lands End to John O'Groats and so can be better value in Autotrader or auction given that you can see one locally and inspect it.
The car's quality and fitness has been misrepresented to you - quite clearly. Therefore the contract is not void, but is voidable. You should raise a small claims action on the grounds of misrepresentation and include as evidence what you have explained here and any documented evidence - such as your payment to the police and their reasons for you having to pay to them what you did.
The court should award you the sale price plus damages and costs.
One other thing (at the risk of appearing to be a bit patronising).
Do not buy vehicles from Ebay that are a 'dime a dozen'. Ebay is fine if you are looking for a 1967 MKII Cortina because such cars are relatively rare. But Saxo's are plentiful from Lands End to John O'Groats and so can be better value in Autotrader or auction given that you can see one locally and inspect it.
FrankGalvin's approach is worth trying and I wish you luck- but I'm not too optimistic about your chances of getting anywhere.
According to this Trading Standards site it is illegal to sell an unroadworthy car in this way. I suggest you contact Trading Standards who will advise
http://www.birmingham.gov.uk/GenerateContent?C ONTENT_ITEM_ID=6482&CONTENT_ITEM_TYPE=0&MENU_I D=1522
According to this Trading Standards site it is illegal to sell an unroadworthy car in this way. I suggest you contact Trading Standards who will advise
http://www.birmingham.gov.uk/GenerateContent?C ONTENT_ITEM_ID=6482&CONTENT_ITEM_TYPE=0&MENU_I D=1522
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