Trader trying to claim car was sold as a private sale

[Marc_Hill]

I bought a new daily just over a week ago from a chap selling on eBay, we agreed £5,000 for it and part ex’d my old car to him. The difference to pay was £3,500.

I initially paid him a deposit of £250 and he sent me an invoice for this amount. On this invoice was his business name and address, bank details etc.

He delivered the car to me. Pretty much since I got it I have had lots of problems with it. Some of which I have pointed out fall under the “not as described in the description” and the consumer rights act. I have said I wish to return the car and take my old one back. He says that is not possible as it was a private sale. I have pointed out that I received an invoice from his company and in my opinion was very much a trade sale.

Any pointers or advice would be appreciated.

[samoht]

AFAIK the key question is what sort of company it is (not just that it's 'a company'), and how many cars the guy sells.

If the company in question is 'Local Locksmiths Ltd' and yours is the only car he's sold in the last 12 months, then it's probably a private sale.

If the company is 'Maximum Motors' and the seller has sold dozens of cars this year, then it's probably a trade sale with the consumer protections that gives you.

Legally I think it depends on whether selling cars is part of the normal business of the company, or just incidental. And the number of cars that he's sold is key evidence to establishing the former.

Example of someone who was found to be a trader:

https://www.torfaen.gov.uk/en/News/2016/March/08-C...

"over a twelve month period, Mr Salacki had advertised 56 separate vehicles on the online sales site Gumtree and that on each occasion he had described the sale as a ‘private’ sale"

[andburg]

that's the big question.

Is the seller a business selling cars or just a business?

if it is clearly not as described then you have some come back either way, but you'll likely need to get the courts involved

[sandman77]

He took a part exchange, delivered the car to you and gave you a receipt in the company name. Seems like a slam dunk to me. Search his user name on gumtree/eBay/marketplace and gather as much info as you can showing how many cars he sells and let him know you will be starting legal proceedings if he doesn’t play ball.

[Marc_Hill]

He is in the business of buying and selling cars, as well as breaking and restoring.

I have spoken to citizens advice today and appear I am very much in the right with the evidence I have.

[Ouroboros]

Marc_Hill said:

He is in the business of buying and selling cars, as well as breaking and restoring.

I have spoken to citizens advice today and appear I am very much in the right with the evidence I have.

What are you requesting though?

He is probably is a trader, you issue claims, win, he phoenixes the company and you end up out of pocket.

You ain't getting your old car back, so you want 5k. To reject you need to stop using it or ship it back. You need to really try and get him to pay up without going to court, because clearly he is dodgy as f.

Edited by Ouroboros on Wednesday 8th December 17:50