car purchased not as described
Discussion
Hi,
Hope someone can help me here.
I purchased a car that was advertised here by a private seller and have found out that it was not as described.
The advert said the car was a specific 2004 model, and it now turns out it isn't, and just had badges put on it for this specific model type.
In fact the car is a 2003 model and not 2004
Advert also said it had an upgraded factory stereo installed at a cost of £1000, that also was not true and is just a standard stereo installed.
Do I have any rights to return the car for a refund?
I have had the car for 6 day's and just found this out.
Thanks.
Alex.
Hope someone can help me here.
I purchased a car that was advertised here by a private seller and have found out that it was not as described.
The advert said the car was a specific 2004 model, and it now turns out it isn't, and just had badges put on it for this specific model type.
In fact the car is a 2003 model and not 2004
Advert also said it had an upgraded factory stereo installed at a cost of £1000, that also was not true and is just a standard stereo installed.
Do I have any rights to return the car for a refund?
I have had the car for 6 day's and just found this out.
Thanks.
Alex.
If you a seriously going to go after him, take some copies of the advert in case he removes/updates them.
Does anybody know if it mattes sif the seller knew the information he advertised was wrong. ie deliberate misrepresentation, rather than unknowing repeating what somebody else might have said?
Does anybody know if it mattes sif the seller knew the information he advertised was wrong. ie deliberate misrepresentation, rather than unknowing repeating what somebody else might have said?
balls-out said:
Does anybody know if it mattes sif the seller knew the information he advertised was wrong. ie deliberate misrepresentation, rather than unknowing repeating what somebody else might have said?
If it gets all legal and s
t that does figure. Little like passing on stolen goods. Edited by DatsunDave on Tuesday 3rd January 12:48
Daston said:
So you didnt check any of this out before you purchased it?
You have no comeback if its a private sale so your just going to have to put it down to a learning experience and maybe do a HPI check next time.
It's people like you that think they can rip off people privately and hide behind caveat emptor. Fortunately you are wrong, and even with a private sale you can seek damages for mis-describing or being unroadworthy if appropriate.You have no comeback if its a private sale so your just going to have to put it down to a learning experience and maybe do a HPI check next time.
DatsunDave said:
It is more complex. If you have evidence of how it was described you can certainly do something.
If you are happy with it, but feel you should get some money back, that may be the best tack. If it were me, I would probably be demanding my investment back.
Thank you for your reply.If you are happy with it, but feel you should get some money back, that may be the best tack. If it were me, I would probably be demanding my investment back.
Yes I have evidence, the advert is still on PistonHeads and I have also taken screen shots.
I have contacted the seller by email but he is saying he has spent the money or he would buy it back.
I did check the log book and it said 2004, then I found out that it was imported and was a year older, there is a big difference in the model specified and the actual model of the car sold to me.
the model specified was a special model and only about 5500 made.
Thanks.
Alex.
balls-out said:
If you a seriously going to go after him, take some copies of the advert in case he removes/updates them.
Does anybody know if it mattes sif the seller knew the information he advertised was wrong. ie deliberate misrepresentation, rather than unknowing repeating what somebody else might have said?
I don't see the distinction as being relevant because it can't really be proved either way.Does anybody know if it mattes sif the seller knew the information he advertised was wrong. ie deliberate misrepresentation, rather than unknowing repeating what somebody else might have said?
Unless the guy selling the car had owned it from new then all the lies he's fed the buyer could have been fed to HIM by the previous owner/dealer. Therefore this seller could have been acting in good faith and so I don't see that there would be a case against him. Unfortunately the OP should have checked these things before the deal, not 6 days later. It's a hard lesson to learn, but that seller could have been lying or acting in good faith - so don't neccessarily believe what you're being told: check for yourself in case they are lying or mistaken.
Intel said:
Thank you for your reply.
Yes I have evidence, the advert is still on PistonHeads and I have also taken screen shots.
I have contacted the seller by email but he is saying he has spent the money or he would buy it back.
I did check the log book and it said 2004, then I found out that it was imported and was a year older, there is a big difference in the model specified and the actual model of the car sold to me.
the model specified was a special model and only about 5500 made.
Thanks.
Alex.
A difference so big that you missed it when you bought it and for the following 6 days?Yes I have evidence, the advert is still on PistonHeads and I have also taken screen shots.
I have contacted the seller by email but he is saying he has spent the money or he would buy it back.
I did check the log book and it said 2004, then I found out that it was imported and was a year older, there is a big difference in the model specified and the actual model of the car sold to me.
the model specified was a special model and only about 5500 made.
Thanks.
Alex.
What is this car?
Intel said:
I did check the log book and it said 2004, then I found out that it was imported and was a year older
If the log book shows imported in 2004, and it probably had an 04 (54?) number plate, then unless the seller imported it personally, it's probably a reasonable assumption to make IMHO.What's the difference in value between a 2003 and 2004 car of that spec?
Daston said:
You have no comeback if its a private sale so your just going to have to put it down to a learning experience and maybe do a HPI check next time.
HPI wouldn't make any difference as the car is a US import so the details the DVLA is usually very vague and won't have model specific info on it.Beyond Rational said:
A difference so big that you missed it when you bought it and for the following 6 days?
What is this car?
It's been brought to his attention on another forum that the car he's bought isn't what he was told it was.What is this car?
Have a look here, its a link to Citizens Advice Bureau dealing with buying used vehicles.
http://www.adviceguide.org.uk/index/your_world/con...
Main bit you want is this:
http://www.adviceguide.org.uk/index/your_world/con...
This is from the 2nd link:
"If you want to complain about the vehicle not matching its description or the seller telling you something about the vehicle that isn't true, you should complain in writing to the seller. Ask them for a refund or for the cost of any repairs, depending on what you want them to do. If this does not succeed, your only other option is to take the seller to court. However, you should bear in mind that it can be especially difficult to get any compensation from a private seller."
http://www.adviceguide.org.uk/index/your_world/con...
Main bit you want is this:
http://www.adviceguide.org.uk/index/your_world/con...
This is from the 2nd link:
"If you want to complain about the vehicle not matching its description or the seller telling you something about the vehicle that isn't true, you should complain in writing to the seller. Ask them for a refund or for the cost of any repairs, depending on what you want them to do. If this does not succeed, your only other option is to take the seller to court. However, you should bear in mind that it can be especially difficult to get any compensation from a private seller."
Edited by paintman on Tuesday 3rd January 14:29
paintman said:
Have a look here, its a link to Citizens Advice Bureau dealing with buying used vehicles.
http://www.adviceguide.org.uk/index/your_world/con...
Main bit you want is this:
http://www.adviceguide.org.uk/index/your_world/con...
This is from the 2nd link:
"If you want to complain about the vehicle not matching its description or the seller telling you something about the vehicle that isn't true, you should complain in writing to the seller. Ask them for a refund or for the cost of any repairs, depending on what you want them to do. If this does not succeed, your only other option is to take the seller to court. However, you should bear in mind that it can be especially difficult to get any compensation from a private seller."
Just been reading those links. I wonder if this post should be a sticky somewhere. Lots of clear well presented information about rights. Given is CAB I assume its all accurate too.http://www.adviceguide.org.uk/index/your_world/con...
Main bit you want is this:
http://www.adviceguide.org.uk/index/your_world/con...
This is from the 2nd link:
"If you want to complain about the vehicle not matching its description or the seller telling you something about the vehicle that isn't true, you should complain in writing to the seller. Ask them for a refund or for the cost of any repairs, depending on what you want them to do. If this does not succeed, your only other option is to take the seller to court. However, you should bear in mind that it can be especially difficult to get any compensation from a private seller."
Edited by paintman on Tuesday 3rd January 14:29
Answers the douzens of posts about "can I reject...." and also shows just how many keyboard warriors make statements that are complete rubbish in reply.
1. In principle, you can recover against a private seller if a car is not as described. (NB this is different from satisfactory quality or fitness for purpose: SOGA only implies those terms as against a business seller);
2. However, you have to be sure that you can show actual loss. The difference in value between (and I know this is not the case here) a pre and post the mid-2003 facelift Mondeo LX, if both cars are registered in 2004, is about 20p.
The greater your loss, the more evidence the Court will require of the description being misleading: i.e., if I bought an 04 rather than an 05 Mustang by mistake, I would need to provide very clear evidence that the car was described as an 05 as they look nothing alike and have very different resale values.
You'd be entitled to be put into the position I would had the contract been fulfilled. In this case I'd suggest it would cover actual losses rather than specific performance, i.e., compensation for the difference in value, even if that meant the "new" car would have been sold very cheaply. But there would need to be evidence of that.
As for the value of the "upgraded" stereo? Eight or nine years down the line from new, that amount would be very small... a claim to retrofit the stereo would be unlikely to succeed although if the car had additional value as a result, I'd suggest the difference would be recoverable - again with sufficient evidence of a specific claim.
Oh and this all rather assumes that the seller has assets...
2. However, you have to be sure that you can show actual loss. The difference in value between (and I know this is not the case here) a pre and post the mid-2003 facelift Mondeo LX, if both cars are registered in 2004, is about 20p.
The greater your loss, the more evidence the Court will require of the description being misleading: i.e., if I bought an 04 rather than an 05 Mustang by mistake, I would need to provide very clear evidence that the car was described as an 05 as they look nothing alike and have very different resale values.
You'd be entitled to be put into the position I would had the contract been fulfilled. In this case I'd suggest it would cover actual losses rather than specific performance, i.e., compensation for the difference in value, even if that meant the "new" car would have been sold very cheaply. But there would need to be evidence of that.
As for the value of the "upgraded" stereo? Eight or nine years down the line from new, that amount would be very small... a claim to retrofit the stereo would be unlikely to succeed although if the car had additional value as a result, I'd suggest the difference would be recoverable - again with sufficient evidence of a specific claim.
Oh and this all rather assumes that the seller has assets...
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