Bought a car not as described and now seller messing around....

Ok its a long story, apologies and i thank you for taking the time!

7th dec bought a car i saw on ebay, it was accident damaged to the side and was not running due to the collision(this is normal).Was advertised as just needing a ecu reset to get it running again (again nothing off here), Paid 10.5k for the car via bank transfer. Had the vehicle delivered on 10th dec 2010 and the seller went on holiday for 2 weeks. Had a mechanic out to reset the ecu, tried to but could not and also came up with multiple faults, paid him £90 and left it at that.

PROBLEMS ON ARRIVAL:
Battery was dead as anything on arrival so had to buy a new battery £130. It also needed 3 panels which i got sprayed up for £300. Also required 2 airbags which again i paid £600. Now with everything in place i started working on it to try get it started.(Engine cuts off in most cars to prevent fire when in a crash). The rear quarter was badly damaged and on the phone he said it was just scratched(i saw photos but he only supplied photos in the dark). He didnt supply any part of the logbook or MOT which he agreed he would. Left it at that really as i wanted the car and wanted it up and running.

Worked on the car starting from the back working my way forward, i found no faults and nothing unusual untill i got to the engine bay and found a host of worrying things, i removed the secured engine cover to find Zero glow plugs fitted, i found glass particles all over the engine, the turbo was corroded and rusty, infact the whole engine looked abit tatty for a 3 year old car with 50 miles. All connections from the car to the engine itself were either badly connected(ie.. loose) or not connected at all. The air filter which wraps around the side of the engine was snapped/cracked with the filter element hanging out, This i would say is IMPOSSIBLE to crack without the engine being removed, the major ECU lid was not secured on and suspected water in there. So with all the above in mind i was hugely suspiscious the engine was swapped out for a knackered one.

At this point my heart dropped and i hunted for the engine number to match it up to the actual engine number of the car with no success, i later found out the engine number is in a location where you have to remove the engine to view it. Again i had no facilities to do this. At this point i tried contacting the seller numerous times with no success.

I decided to write a letter to the seller demanding a resolution or id have to take it further approx 3 weeks after the purchase of the car. 1 week after the letter i got a call off a mobile number from the seller who seemed concerned and seemed he wanted to sort it. He agreed to come down and view the car to see whats going on but failed to turn up twice. He then said he paid a company to collect the car to take it back to examine it but again he failed to turn up 3 times despite me staying in especially. Eventually almost 1 and a half months he picked the car up and took it back 3 hours away. Called the next day stating it does not look right to him either.

Now still at this point i wanted the car sorted and sent back to me as i still wanted the car. Numerous phone calls (probably around 30) went on for another 2 months. My last phone call to him was almost 2 weeks ago, supposedly in between then and now he has been on holiday AGAIN. Been trying to get hold of him but doesnt pick up or if he does he says he will call back in 10 but never ever does (has said this 5 or 6 times now).

Need advice on what to do. I have given him enough time (approaching 5 months now) to sort it but nothing seems to be working anymore. I need solid advice on what to do and where i stand if possible. I thought i was buying off a private seller but i paid the money into his private limited company account and the invoice he sent me is of his limited company. The invoice does state 'private sale of own goods no vat'. It seems the guy just fobs me off constantly with excuses which some include:
Call back when im in the office
call back when im OUT the office
Heating failed in the house so been trying to sort it
been on holiday
Going on holiday
Off ill
In meetings

So guys i appriciate your response, i spent my life savings on this car and im now without either the money OR the car.

From reading Iv noticed a few

From reading Iv noticed a few things, because the company was a PLC or Ltd company, the sellers details can be obtained from companies house if you want to sue him in court.

Do you have a copy of the original ebay listing when you bought it or any kind of agreement, e.g text messages or emails stating what you would get with the car.

what car was it and were is the person from?

 

 

Profile: Am I moving backwards or is everyone moving forwards?

It may well be that if you

It may well be that if you can prove that seller was selling the car in the course of a business then you may have a case against the seller under the Sale of Goods Act.

Under the Act the seller has to make sure that the car matches the description he gave to it and that it was fit for purpose.

What did the seller say to you when you last spoke to him?

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Hi, i spoke to him today and

Hi, i spoke to him today and he said.. i quote 'Really it was sold as seen as its a accident damaged vehicle'. i then replied, i do not mind it being sold as seen but you did not mention this at any point whether it be in writing or verbally.  Said he will call me tomorrow to solve this once and for all. So i will wait it out till tomorrow. But it seems he does not want to refund and it SEEMS as though he wants to sell the car on, on my behalf then refund me. I said this is not how you do business.

Regarding the potential swapped/dodgey engine side of things, i said its illegal to sell a car with a different engine number then what is printed on the logbook. He said it is not illegal and that a car can have 10 engines its not illegal. He doesnt seem to understand you have to notify DVLA when a engine is swapped out. He reckons the car was kept at a different yard(not his) while he was selling it and reckons someone might of touched it there.

Do you know where i stand

Do you know where i stand with taking ltd companys to court? what in the case that i won in court but he/they did not pay me whats owed. Then the company declare bankrupt? then what?

Do you know where i stand

Do you know where i stand with taking ltd companys to court? what in the case that i won in court but he/they did not pay me whats owed. Then the company declare bankrupt? then what?

You goto companies house and

You goto companies house and get the details of the director and the amount of money stored at companies house, the depters and taxman will be paid off first.

you then issue a claim against the company in the county court.

If you win then the limited liability company will have to pay, however if your claim is too big then the company may go bankrupt.

My advise would be to right a letter to tell them to make reaasonable installments, and also check with companies house to see if the bankrupt director has opened a new company before 3 or 4 years (not sure wat the limit is).or to order the court to make a order of a minimum payment.

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Sue both the company and the

Sue both the company and the man who sold the car to you - that way you cover both bases.  The company will probably respond stating that it was a private sale and nothing to do with the company - but the private seller will have to enter a defence (or you'll probably get a default judgment).

I'd suggest you get an expert to look over the car - you will almost certainly require an expert report for the court to show that what you stated above is an accurate description of the issues, and that what you state is true - i.e. that the engine was swapped and you were not informed of this.  If the sale was private, it's usually caveat emptor, but if the description of the car was misleading, that may be a misrepresentation and can be remedied.

Profile: Independent (self-employed) legal professional: 25+ year work history incl. 10 years in child protection - seven years legal experience in non-molestation/occupation orders; housing law (tenant/landlord); mortgages; possession hearings and family proceedings. Advice is provided for the purpose of answering the questions posed, based on the information given.

The problem is, he/they have

The problem is, he/they have taken the car back with a promise to sort it or refund. Hes had it for 2 months and i gave him 14 days in writing to sort it, he flipped and said he will sort it in a month or 10 years ie.. whenever he likes. Now he's demanded for it to goto court. Even though he has the money AND the car.

do you have the logbook? If I

do you have the logbook?

If I was you I would at least get the car in your hands, he might say that you returned it to him for a refund etc...

you may not get the cost of recovering the car, but you will at least not loose everything, at the moment he may run away with the car, never to be seen again.

I do understand what he is thinking about, the car has cost him money and he wants to give the least amount away, so by selling it for you he will pay less to you from his own pocket.

 

Profile: Am I moving backwards or is everyone moving forwards?

You should send him a

You should send him a recorded delivery letter stating that he either returns the car, fixed, within 14 days, or refunds your money within 14 days - and that you will claim statutory interest on the outstanding sum should you have to issue court proceedings.

That should concentrate his mind a bit.  He is unlikely to win this in court - though whilst he has the car he may well be refitting the original engine back.  Why did you let him take the car?

No matter - write one final before action letter then proceed directly to court.

Profile: Independent (self-employed) legal professional: 25+ year work history incl. 10 years in child protection - seven years legal experience in non-molestation/occupation orders; housing law (tenant/landlord); mortgages; possession hearings and family proceedings. Advice is provided for the purpose of answering the questions posed, based on the information given.

Thanks for the

Thanks for the replies,

Unfortunately he did not supply me with the logbook or the MOT which he said he would at the initial sale of the vehicle.

I let him pick the car up as he promised to either 1.sort it or 2. refund.

Now its been in his possession hes using the 'sold as seen' tactic on me and demanding it goes to court.

Im told its ilegal to sell a car without supplying any part of the logbook unless otherwise stated that no log book is supplied?

Also i'd like to note on the invoice of the vehicle sale, although its got his company details on the invoice he has written on it 'PRIVATE SALE OF OWN GOODS NO VAT'. Is he trying to avoid extra costs? and as it states private sale of own goods on a company invoice does it mean i could sue him plus the company? i paid into a company bank account not in his name. If i can sue both how do i?

Use money claim online

Use money claim online (moneyclaim.gov.uk).

All the information you require is contained therein.

Profile: Independent (self-employed) legal professional: 25+ year work history incl. 10 years in child protection - seven years legal experience in non-molestation/occupation orders; housing law (tenant/landlord); mortgages; possession hearings and family proceedings. Advice is provided for the purpose of answering the questions posed, based on the information given.

OK. I dont know how you would

OK. I dont know how you would go about this for a few reason.

Firstly I do not know what the company normally trades in but I will assume cars.

Now you have to prove somehow that the car was part of the business, the only way I see you doing that is to see if the car was bought in for business so will be logged with DVLA if he sent off the yellow slip, or on his insurance. If he has told his insurance and it was logged in his business insurance then it will be a business asset.

As you donot have the log book and I assume it needs a VIC check, is to book a VIC and take the car on a trailer(if he asks pretend your doing him a favour), then do the VIC you donot need it running, they will verify it is the same car. You then get it back and apply for a logbook(free as you payed the VIC)

Now when you receive the logbook if it has his name on it then it may have been a private vehicle, if it was someone elses name then it may not have.

Long story short, when you think you got enough evidence (Messages,etc...) you goto money claim, or goto a local solicitor (my case almost got struck out, paid £80 to have the particulars sorted). then wait for a defence, and request all the stuff you need from him to make your case better, e.g his insurance, his receipt for the car, etc....

Personally I would get the car in my possesion, as anything can happen. If someone was suing me then I would go AWOL and close the company and you would waste your time and effort. Whats a CCJ when I would have your cash and your car?

Hope this helps

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