Ripped off with a lemon!!!

[thewizardofodds]

One you got it all sorted out and got your money back you can try and offload it on DK member thewizardofodds, he loves cars like that:

http://www.digital-kaos.co.uk/forums/f152/megane-scenic-misfire-oil-plug-coil-212086/

http://www.digital-kaos.co.uk/forums...change-212852/

PMSL. At least I still get rid of them with a profit , sold the scenic for ?400. not looking for any more at the moment, well not until the smoke damage to my lungs from the matiz clears up ! LOL.

[thewizardofodds]

PMSL. At least I still get rid of them with a profit , sold the scenic for ?400. not looking for any more at the moment, well not until the smoke damage to my lungs from the matiz clears up ! LOL.

Hope its not CC thats bougt it though!!

[Meat-Head]

The laws are different over here

So the Emericans have a "We have your money, now ~~~~ off" policy in force, awesome.

[gc1966]

In his last email he pretty much admitted to knowing there were issues.


i am not a mechanic or mechanicaly minded other wise i would have repaired the car myself and sold it on with a warranty
where does he admit knowing there was faults in this statement??????
i understand you are upset with being ripped off but like my last post stated you could have and should have walked away when you seen it was misrepresented but your greed overcame your common sense

[Canker_Canison]

Hope its not CC thats bougt it though!!

If I'm ever seen even looking at a Scenic I want shooting on the spot. As for a Matiz...... I am neither an OAP or senile. I'd rather be seen in a pink convertable micra

In his last email he pretty much admitted to knowing there were issues.


i am not a mechanic or mechanicaly minded other wise i would have repaired the car myself and sold it on with a warranty
where does he admit knowing there was faults in this statement??????
i understand you are upset with being ripped off but like my last post stated you could have and should have walked away when you seen it was misrepresented but your greed overcame your common sense

It wasn't greed & I don't know where you get that idea from. So I'll say this again a little louder....

I didn't know how bad the problems were until it was over the pit in the MOT garage the next day.

Then the timing tensioner gave in & the engine became junk.

I've not posted all of the emails & their contents, only the headlines. Either way the trade description act & the road traffic act 1988 have both come into play. Maybe you should read up on them.

Vehicles not to be sold in unroadworthy condition or altered so as to be unroadworthy.

(1)Subject to the provisions of this section no person shall supply a motor vehicle or trailer in an unroadworthy condition.

(2)In this section references to supply include?

(a)sell,

(b)offer to sell or supply, and

(c)expose for sale.

full article here

The trade description act states that items purchased should function correctly for a reasonable period of time.

Two days for a car is not reasonable.

[gc1966]

ok maybe greedy is a touch insensitive given your current dilemma so lets say eye for an apparent bargain.
you had no reason to disbelieve his statement that he had owned the car for two years tho he was clearly a trade seller (not a very successful one if it takes two years to sell his junk)
and the mot had how long left to run exactly and more importantly did you test drive it.

you stated

Now I was desperate for a car & didn't mind the clutch & ABS problems. So I put in a bid & won.... ?770

Picked it up Monday after a 200 mile journey. There was more damage to the car than I expected, but most was due to the police. There was also a lot of clatter from the engine, but I am aware these suffer from lifter issues, so a flush & additive should resolve the problem.

Once I started the return journey more problems came to light. Slight pulling to the right & knocking from the drivers front wheel. I took that to be the anti-roll link.
So I got the car checked on tuesday

like i said in the first place you should have walked away but was obviously taken in by something (the price maybe).if it looks too good to be true it generally is.
i think you should at least accept partial blame for the fiasco you find yourself in
wipe your mouth and walk away

[Canker_Canison]

In hind sight it would of been better if I walked away, and probably lost the ?100 deposit.

When I saw the problems with it over the pit I was wiling to except the amount of money it would take to resolve those issues. I knew it was second hand & could have other issues not yet discovered.
But when the engine timing chain jumped & smashed at least one valve not 10 minutes later I got a little pissed. The amount of serious issues on the car & the impact on the cars behaviour when driving could not of gone unnoticed. This car was his everyday car, not one he purchased for sale through his business. Even though that's how he sold it.

From the start of my contact with him I clearly stated I was not looking for a full refund. I was more than willing to negotiate a settlement that would make it easier for me to repair all the problems not listed on the auction. But his attitude was one that has made me dig my heels in. And when it comes down to it, the law is on my side.

That & I'm an incredibly stubborn person & no stranger to defending my legal rights. Previous employers learned to hate me when they don't play it straight & broke employment legislation & workers rights.

I've yet to lose a legal argument I've initiated.



Just had a thought. Maybe it's my suspicious mind working, but what are the chances this was a scam? He lists a car & doesn't describe it properly, the winner turns up & refuses to complete the sale, he keeps the ?100 deposit & relists the car to await the next winner.

[gc1966]

i think you would be covered by paypal and ebays refund policy

his feedback would have gave the game away as well i think

l

[pantomime horse]

i think you would be covered by paypal and ebays refund policy

his feedback would have gave the game away as well i think

l

if a seller hangs a dispute out for about a month then the buyer cannot leave feedback
and you cannot leave feedback during a dispute

[flyingpig]

For what it is worth - I think the best course of action is the one you are taking.

Getting the data about tax, insurance, landlord info, mortgage responsibility (hard to find that out) etc. then if you cannot get any form of settlement from him you can take him to the small claims court - at least that way he will have to travel (possibly) and that will incur costs for him.

Just make it awkward for him - as awkward as you possibly can. Get a flatback van with a big a frame on (within the law) and put on it that number such a road ripped me off with a car. Leave it parked outside his house. As long as it is insured and taxed then there is nothing he can do.

[Meat-Head]

ill have to travel (possibly) and that will incur costs for him.

Just make it awkward for him - as awkward as you possibly can. Get a flatback van with a big a frame on (within the law) and put on it that number such a road ripped me off with a car. Leave it parked outside his house. As long as it is insured and taxed then there is nothing he can do.

with an iphone app link to link to this thread

[xant14]

have you got a copy of the original Ebay advert Canker?

All the best with your quest mate, I hope you get a good outcome.

[thered]

i found this from AA website

Private

If you buy privately, you won't be protected legally if the car doesn't come up to scratch. It's up to you to ask the right questions and have the car thoroughly inspected before you buy.

Safeguards Essentially it's a case of 'Buyer Beware'. As the onus is on you to make sure the car is sound, it's a good idea to get an independent engineer to give the car a thorough mechanical inspection.

Hidden past Then, there are past owners to consider. You could opt for an AA Car Data Check, which will let you know if there's outstanding finance on the car, or even if it has a shady history.

Your legal rights are limited and unscrupulous dealers often masquerade as private sellers, so beware.

The only legal terms that cover a private sale contract are:

* the seller must have the right to sell the car
* the vehicle should not be misrepresented
* it should match its description:
o for example, if the ad states that there is a valid MOT, there should be a valid MOT.

Remember, if there are problems, you can only claim against someone you can find, and who has the means to meet your claim. Therefore:

* go to the seller's address and if possible get a home phone number ? don't meet someone on a street corner
* check the documents carefully ? make sure the seller is the person named on the registration document and other papers.

from what i can see to have any right


you need too prove he is a trader or prove he knew the car was ~~~~ed


if you cant prove either your pretty screwed i think sorry

[thewizardofodds]

Not being funny mate but I reckon you need to just take it on the chin. The guy clearly states that viewing recommended see below.(bit you missed out in your OP)

The problems you found after buying the car apart from the key fob,air con and light and possible the tyres are things that you'd only find if the car is put in for an mot etc.
You should have noticed thekey fob etc when you went to collect the car and said something then. If you buy a car off ebay without looking at it first then expect the worst and dont complain later. The price you got it for and the cost of bits to repair is prob still less than what the cars are going for so not all bad.

VAUXHALL ASTRA 2.0 DTI DIESEL ESTATE

160,000 MILES

air con

electric front windows

power assisted steering

cd player

remote central locking

taxed and mot untill august 2011

this car has been used by me for the past two years and has never let me down

the car used to belong to the police so has been very well maintained

however i have misplaced the service history

as you would expect from a car of this age and mileage there are a few marks and scratches i have tried to photo these please see the pictures

the car starts and drives but the clutch is on its way out and occasionally slips

the abs light comes on but it has been on the diagnostics machine and it is the drivers side sensor that is faulty

other than that the car drives fine

please come and view the car before bidding as this is a no reserve auction with a very low starting price

buyer must pay a ?100 paypal deposit within one hour of the auction ending and the balance to be paid via cash on collection

i must stress that the clutch will need to be changed at some point and viewing is advised before bidding

this car is advertised elsewhere so may be removed at anytime

here is an abs sensor i have found on ebay as i have been asked a few times on the cost of it

ASTRA MK4 ESTATE 98-04 WHEEL BEARING ABS SPEED SENSOR on eBay (end time 06-Aug-11 18:26:15 BST)

and here is a clutch kit

Brand New Clutch Kit For A Vauxhall Astra 2.0 DTI 98- | eBay

a bargain for somebody with the time and know how to repair

[thewizardofodds]

Plus looking at the guys feedback its the first car he has sold on ebay in 5-6 years so doubt he is a trader so really dont think you have keg to stand on mate.