Got screwed on a car - Private Sale - Small Claims?

[alexgeo]

Hi, I have come here to seek some knowledge from experienced members of this forum. I have seen similar topics on this forum, so hopefully some one will be able to help.

I purchased a volvo s40 from a private seller 2 weeks ago. Full service history and seller description was that the car is in perfect working order with no known issues. I have the original ad emailed to me by autotrader.

First day of purchase I noticed oil leaking from the bottom of the car. Opened the hood and took the engine cover off to see a major oil leak. I then looked through all the MOT certificates handed to me after money was exchanged to see that this oil leak has been a problem last 2 MOTs. I then took the car to volvo 2 days later and have a write up from them concerning this oil leak.

What I need to know is, do I have a claim here and is it worth me pursuing it with the small claims court in the UK? I asked for a refund, which I was refused and the seller also came forward to tell me other parts had been replaced but he knows nothing of the oil leak, but he must have had knowledge since it is stated on the last 2 mot certificates. (I have this conversation saved by text message)

All answered are much appreciated. Thank you.

[4sure]

Private seller .
Caveat Emptor .
That is it ,no comeback, no returns,no refund,nothing.

Sorry !

Thats why a lot prefer the safety net of the bona fide trader .

Edited by 4sure on Wednesday 15th January 00:18

[SMcP114]

To pursue that through the small claims court would be a waste of both time and money.

[joewilliams]

Did you not look at the mot advisories before buying it?

[Terminator X]

Sold as seen? Fix it and sell on if you're unhappy imho.

TX.

[16plates]

The fact it was noted as an advisory on 2 previous MOTs would probably be enough for me to walk away or at the very least investigate it further myself.

You should have looked at the history before buying...

[B'stard Child]

Inspect more carefully next time.......

[*Al*]

Absolutely no comeback with a private sale, it's up to you to check the car before you buy.

[alexgeo]

I have been reading else where that if the seller described the car as fully working and no problems when he knew it wasn't, then I have a claim. Is this definitely not true?

Thanks

[SMcP114]

The car was in working order and perfectly roadworthy if it went through an MOT with the issue present.

There are vague laws on misrepresentation but there are so many variables the chances of winning a case against a private seller are minimal.

[All that jazz]

alexgeo said:

I purchased a volvo s40 from a private seller 2 weeks ago.

[...]

I then looked through all the MOT certificates handed to me after money was exchanged

:facepalm:

Oh dear. This thread will not go well for you.

[Riknos]

Chalk it up to one of life's lessons I'm afraid. It's on the MOT history, one of the basic things you check when buying a car.

[Dusty964]

Next time, inspect your purchase prior to paying.
Anything else is idiotic.

[Pints]

alexgeo said:

I have been reading else where that if the seller described the car as fully working and no problems when he knew it wasn't, then I have a claim. Is this definitely not true?

Thanks

I believe he would need to explicitly lie to a direct, specific question, for you to have any chance of recourse.

E.g. "Does this car have 4 wheels and one to steer?"
"Yes, it does."
If it turns out two wheels were missing, you might have a claim. But, "is this car in good, mechanical working order?" is too broad. (Although even this might not be applicable in this fine country - somebody will be along to correct me, if so.)

The correct advice has already been given in this thread. Do what I do, next time: buy from a dealer. It'll cost a bit more but there's a reason for that.

[av185]

Put the money you have saved by buying privately instead of from a dealer to the repair cost........

Next time do your checks before you even hand over a deposit......

[StuntmanMike]

If the car was described as no known issues and you can prove it has then yes you can sue, a lad I know did exactly this and won, its all in the description.

[r11co]

Dusty964 said:

Next time, inspect your purchase prior to paying.

...and ask to see all documentation. Had you done this and either seen the MOTs or the seller had been reluctant to show you them then you could have walked away without even doing the logical thing of getting on your knees and looking under the engine compartment.

Private car buyer utterly fails to do basic due diligence. End of...

StuntmanMike said:

If the car was described as no known issues and you can prove it has then yes you can sue, a lad I know did exactly this and won, its all in the description.

If the cost of repair is within the threshhold for a small claims court then it might be worth a punt as you might win by default if the seller fails to respond or the guilt gets too much for him (assuming your version of events is true) and he capitulates, but otherwise forget it as adverts are not contracts, so if that is your only evidence you have already lost.

Oh, and according to internet gossip there's also 'a lad' who sued a dealer for a million pounds and won because the fragrance of the air-freshener supplied with their car was different to the one they asked for...

OP - the wisest thing you could have done was not post. By your own accounts all the signs were there and you missed them. You will (rightly) get flamed IMO.

Edited by r11co on Wednesday 15th January 07:28

[Faselm]

If im buying a second hand car, I would always check the paperwork first before even getting in the car. In a private sale the ownice is on you to check the car is ok after all its your money! Its a lesson learned methinks.

[Output Flange]

alexgeo said:

First day of purchase I noticed oil leaking from the bottom of the car.

And yet you didn't spot it during the detailed inspection you would have carried out prior to handing money over? More fool you.

[Output Flange]

To add, you didn't "get screwed on a car" as per your thread title, you're just st at buying them.

The oil leak was there for you to find, and it was written on the MOT certificates, you just didn't check it.

Suck it up, sweetcheeks.