Bought an unroadworthy car - advise please
Discussion
I recently (26th September) bought myself a Enos Roadster from an eBay classified advert. I'd been looking for a while and this was the first I had seen that seemed to be what I was after. Cosmetically it wasn't pretty, but drove well and handled as a Eunos should. Crucially the sills and arches were sound and the MOT certificate showed a pass with no advisories. Based on that I agreed to pay £700 for the car and paid the seller via bank transfer.
I had a very enjoyable few days with it until the next Thursday (1st October) when the water pump went. It's a 22 year old car so is not a major surprise and could have happened at any time. My issue with the car is not that the water pump failed.
As a result of the water pump failing I took the car to a local specialist recommended by a friend who also has a Eunos. I drove the car there on Friday (2nd October) and it continued to drive perfectly well. I left the car with them and asked them to do a full check of the car so that we can identify what work needed to be done and get a plan in place as to when it could be done - the car has been bought as a project for track use and summer commutes (or when I'm sick of the pathetic fuel consumption from my daily AMG and fancy a cheap drive somewhere!). I left the car with them and they agreed to call in a few days.
When I heard from them the news was not good. It appears as though the car has had a significant front end collision which arguably should have written the car off. There is also major corrosion to the sills that was disguised in such a way that a roadside check would not identify it. There are other areas of corrosion and wear that should have at the very least been an advisory on the mot, if not a fail. The garages advise is that the car is not safe to drive on the road.
The MOT was issued 11/02/2015. I completely understand that the front end crash damage could have occurred following the issue of the MOT, however such significant corrosion clearly won't have sprung up so quickly. As I type I also realise there is no rear fog light fitted to the car which, iirc is another legal requirement for imported vehicles.
So simply put, the car is not fit for purpose as sold. I have reported the seller to eBay. He will shortly have his account blocked. Unfortunately as it was a classified advert it is not covered by their money back guarantee. The seller himself was immediately abusive when I raised the issue with him and clearly is not going to refund me my money. That's fine, his choice!
My objective now is to make things as difficult as possible for him! As mentioned he will shortly lose eBay privileges, I've raised the issue with trading standards who appear to be very interested and I'm on hold to VOSA at the moment to report him and the garage who issued the MOT. I'm also going to get in contact with HMRC just to make sure he declares his income from selling cars.
Any other ideas at all? Just so you are aware, his username is LEXUSCHAP and he is to be avoided at all costs. He operates from Dudley. I googled him after the sale (hindsight is 20/20!) and it appears I am by no means the first person who he's sold a car to with a dodgy MOT. It does appear however that I am the first person who he has done this to where he has actually completed the transaction from his home address which gives me an advantage when it comes to vindictive revenge!
As a side note, if anyone has a nice Eunos for sale please let me know...
I had a very enjoyable few days with it until the next Thursday (1st October) when the water pump went. It's a 22 year old car so is not a major surprise and could have happened at any time. My issue with the car is not that the water pump failed.
As a result of the water pump failing I took the car to a local specialist recommended by a friend who also has a Eunos. I drove the car there on Friday (2nd October) and it continued to drive perfectly well. I left the car with them and asked them to do a full check of the car so that we can identify what work needed to be done and get a plan in place as to when it could be done - the car has been bought as a project for track use and summer commutes (or when I'm sick of the pathetic fuel consumption from my daily AMG and fancy a cheap drive somewhere!). I left the car with them and they agreed to call in a few days.
When I heard from them the news was not good. It appears as though the car has had a significant front end collision which arguably should have written the car off. There is also major corrosion to the sills that was disguised in such a way that a roadside check would not identify it. There are other areas of corrosion and wear that should have at the very least been an advisory on the mot, if not a fail. The garages advise is that the car is not safe to drive on the road.
The MOT was issued 11/02/2015. I completely understand that the front end crash damage could have occurred following the issue of the MOT, however such significant corrosion clearly won't have sprung up so quickly. As I type I also realise there is no rear fog light fitted to the car which, iirc is another legal requirement for imported vehicles.
So simply put, the car is not fit for purpose as sold. I have reported the seller to eBay. He will shortly have his account blocked. Unfortunately as it was a classified advert it is not covered by their money back guarantee. The seller himself was immediately abusive when I raised the issue with him and clearly is not going to refund me my money. That's fine, his choice!
My objective now is to make things as difficult as possible for him! As mentioned he will shortly lose eBay privileges, I've raised the issue with trading standards who appear to be very interested and I'm on hold to VOSA at the moment to report him and the garage who issued the MOT. I'm also going to get in contact with HMRC just to make sure he declares his income from selling cars.
Any other ideas at all? Just so you are aware, his username is LEXUSCHAP and he is to be avoided at all costs. He operates from Dudley. I googled him after the sale (hindsight is 20/20!) and it appears I am by no means the first person who he's sold a car to with a dodgy MOT. It does appear however that I am the first person who he has done this to where he has actually completed the transaction from his home address which gives me an advantage when it comes to vindictive revenge!
As a side note, if anyone has a nice Eunos for sale please let me know...
mcflurry said:
On a 22 year old £700 car, i'd say the odds on any comeback were minimal.
Whilst there are consumer protection laws, an ebay sale = Caveat emptor and all that jazz.
I would agree caveat emptor if the car was simply a lemon, but I believe the fraudulent MOT takes it out of that arena. Whilst there are consumer protection laws, an ebay sale = Caveat emptor and all that jazz.
Trading Standards took the matter very seriously. The laws have changed meaning that part time driveway traders are actually far more accountable for their actions than they used to be. They agree that the car falls comfortably within the Sale of Goods act as unsuitable for purpose.
I'm really surprised by all the responses. It's one thing to tell me I'm unlikely to get my money back, I knew that already, but it's quite another to be launching attacks at me.
I've guess it's my own stupid fault for expecting an Internet forum to provide anything other than sarcasm.
I've guess it's my own stupid fault for expecting an Internet forum to provide anything other than sarcasm.
lbc said:
The OP's profile states he is a used car dealer/salesman.
You would expect a used car dealer to know what he is buying and the risks involved.
For £700 we get the impression he expected it to be like a new car and flip it for a quick profit.
My original post states I bought it as a project. I am quite happy to put a lot of money into a project MX-5 so set myself a price target as a bit of fun to see what I could get. I believed I made it quite clear that I have absolutely no issue with the fact it is a car with a lot of issues. If it had no issues it wouldn't be an particularly entertaining project!You would expect a used car dealer to know what he is buying and the risks involved.
For £700 we get the impression he expected it to be like a new car and flip it for a quick profit.
My issue is with a seller selling a car that is actually unsafe for road use. There's a big difference between dog-tired and unsafe.
I was simply seeing if anyone else had a similar issue and if they had any luck in seeking resolution. I'm not bothered about the money, I'm bothered about people being sold unsafe cars. If it wasn't for the water pump failing I hadn't intended to take the car to the garage for a month or so. It would have been terrible if, in that month, my wife had been involved in a serious accident because I had been duped into buying a car that was unsafe and provided with documentation to suggest that the basic fundamentals of the car were adequate. I carried out as many checks as can reasonably be carried out at point of sale without a ramp and indeed the garage has confirmed that at first glance the car is messy but ok.
Since my request for advise has met with little but abuse I don't particularly wish the thread to continue. Moderators, please lock this thread.
robemcdonald said:
As for all posts like this you asked for advice and didn't like it when you weren't told what you want to hear. But to keep you happy here goes: I friend of mine was in the exact situation as you last year. eBay banned him for life and imprisoned his family, the mot station was demolished and replaced with a kfc drive through. The mot tester was put in the stocks in the town square for a week. Subsequently his wife ran off with the milkman. eBay admitted it was their fault and gave my friend a brand new mx5 (with a leather gear knob!) they also paid his insurance cost and gave him a fully expensed trip to Disney world (first class naturally)
Now that's sarcasm.
Well give yourself a pat on the back. That's 10 internet points for you. Now that's sarcasm.
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