Help with Ebay car sold to me - Cat D and hidden
Discussion
Hi guys,
I have a problem.....
I bought a car off ebay - a 2002 BMW MINI Cooper and paid £3800 on a BUY IT NOW auction. Basically it all looked in lovely order, had the history etc.
Anyway I went to collect it and the car was immaculate plus drove very well. I paid the seller the money minus an allowance to sort out the airbag warning light - which is apparently a common fault on mini's.
A friend who is a mechanic then looked at the car today to reset the airbag light(3 days on after buying) and said that the seatbelt pretensioners have been pulled and it could mean the car has been in a crash. I then decided to HPI the car and it stated 'CAT D - CAR REPAIRED AT LESS THAN INSURANCE SUM GIVEN 28-10-2008'
Anyway, I have tried to get in contact with the seller and surprise, surprise - no answer. The fact it is a buy it now auction, I do think i have some come back through ebay, and have got some advice from a solicitor friend this evening who says I have a strong case anyway.
It would appear that he took ownership in december from the log book, therefore if I can contact the previous keeper before him - presumably the garage who repaired it and get the details from HPI - I can prove it was sold to him as a CAT D, therefore he knew the situation.
Whats interesting is that on his feedback he received another reply from a 'private auction' (my guess is this is the same car) saying 'DONT BUY THIS CAR - ITS NOT HPI CLEAR AND HAS NO BRAKES!' and the seller has responded 'There is nothing wrong with this car and its not been stolen! these comments are so annoying!' - this was left the evening before the morning i collected the car....so if I can show its the same auction, thats also got to help my case? I am going to report it to the police as its definitely fraud in my eyes.
Would welcome your thoughts!
Thanks
I have a problem.....
I bought a car off ebay - a 2002 BMW MINI Cooper and paid £3800 on a BUY IT NOW auction. Basically it all looked in lovely order, had the history etc.
Anyway I went to collect it and the car was immaculate plus drove very well. I paid the seller the money minus an allowance to sort out the airbag warning light - which is apparently a common fault on mini's.
A friend who is a mechanic then looked at the car today to reset the airbag light(3 days on after buying) and said that the seatbelt pretensioners have been pulled and it could mean the car has been in a crash. I then decided to HPI the car and it stated 'CAT D - CAR REPAIRED AT LESS THAN INSURANCE SUM GIVEN 28-10-2008'
Anyway, I have tried to get in contact with the seller and surprise, surprise - no answer. The fact it is a buy it now auction, I do think i have some come back through ebay, and have got some advice from a solicitor friend this evening who says I have a strong case anyway.
It would appear that he took ownership in december from the log book, therefore if I can contact the previous keeper before him - presumably the garage who repaired it and get the details from HPI - I can prove it was sold to him as a CAT D, therefore he knew the situation.
Whats interesting is that on his feedback he received another reply from a 'private auction' (my guess is this is the same car) saying 'DONT BUY THIS CAR - ITS NOT HPI CLEAR AND HAS NO BRAKES!' and the seller has responded 'There is nothing wrong with this car and its not been stolen! these comments are so annoying!' - this was left the evening before the morning i collected the car....so if I can show its the same auction, thats also got to help my case? I am going to report it to the police as its definitely fraud in my eyes.
Would welcome your thoughts!
Thanks
I can't believe you bought a car for more than £1500 and didn't HPI it first! 
Sorry to point it out, it's not what you need, but lesson learned eh?
I can't offer you any legal advice, as I know none. I know ebay does offer a seller protection scheme, though don't know the exact details.
To that end, I'd drive it through the front of his house.
Sorry to point it out, it's not what you need, but lesson learned eh?I can't offer you any legal advice, as I know none. I know ebay does offer a seller protection scheme, though don't know the exact details.
To that end, I'd drive it through the front of his house.
Sir Did you not HPI the car before buying it?
I HPI cars I am interested in even before bidding?
Its so cheap compared to £3800?
I have to say I doubt you will get any recompense but I hope you do.
Good luck
way to slow, Jack Daniels to blame here
I'd still have HPI'd it.
I HPI cars I am interested in even before bidding?
Its so cheap compared to £3800?
I have to say I doubt you will get any recompense but I hope you do.
Good luck
way to slow, Jack Daniels to blame here
I'd still have HPI'd it.
Edited by Jem0911 on Friday 22 May 23:10
You can only prove it was sold to him as a Cat D, if it was sold to him as a Cat D. Unlikely he didnt know but he might not know.
Buyer beware, you dont have much of a leg to stand on when it comes to a private sale. I think you can start a civil dispute but the odds are stacked against you.
Buyer beware, you dont have much of a leg to stand on when it comes to a private sale. I think you can start a civil dispute but the odds are stacked against you.
chughes163 said:
It would appear that he took ownership in december from the log book, therefore if I can contact the previous keeper before him - presumably the garage who repaired it and get the details from HPI - I can prove it was sold to him as a CAT D, therefore he knew the situation.
Not sure how that proves he knew it was Cat D - remember some people buy cars without doing a £2.99 HPI check you know!Odds are well against you here. You bought the car privately from an individual who you cannot prove knew/didn't about the Cat D status. As everyone else has said, you should have HPI'ed the vehicle before handing over he cash. You are just going to have to live and learn on this one.
If its a private sale your stuffed, besides if he took ownership in Dec he may not have know either - just like you didn't till you HPI'd it after you bought it.
I'd just forget about it - pretend you don't know - you were happy with the car before you knew!
Depending on the system, seatbelt pretensioners can be set off if you adjust the seat vigorously, both of them have gone off in my wifes car.
I'd just forget about it - pretend you don't know - you were happy with the car before you knew!
Depending on the system, seatbelt pretensioners can be set off if you adjust the seat vigorously, both of them have gone off in my wifes car.
Likewise sorry you have no comeback at all. Buyer beware. He was under no obligation to tell you it was cat d.
Also note the price. If it's too good to be true it normally is.
Sorry but have no sympathy here.
Whatever you have been told you will not see your money again unless he decides to give you some leeway which is very unlikely as i wouldnt.
The police will rightly tell you its a civil matter and it is of no interest to them unless he is a dealer then you may have a case through trading standards.
Also note the price. If it's too good to be true it normally is.
Sorry but have no sympathy here.
Whatever you have been told you will not see your money again unless he decides to give you some leeway which is very unlikely as i wouldnt.
The police will rightly tell you its a civil matter and it is of no interest to them unless he is a dealer then you may have a case through trading standards.
Hi Guys
Yes I know....I was rather stupid not HPI checking it all thoroughly - to be more precise, I used a service that did it on the Registration and it came back fine but it did not verify the chassis or the engine number. When I typed this in usingthe mycarcheck thing online earlier today it married it up.
Anyway - basically I have some developments....
he gave me the full log book - i think because he was confused what to do....and I have the full previous address of the old keeper - who i believe was the garage. Anyway, I have found all of the guys contact details online and intend to call him in the morning. I believe he is the owner of the garage in question.
Anyway, if I can prove this - great! if not...I will pursue it further but my hands are well and truely burned over it.
Yes I know....I was rather stupid not HPI checking it all thoroughly - to be more precise, I used a service that did it on the Registration and it came back fine but it did not verify the chassis or the engine number. When I typed this in usingthe mycarcheck thing online earlier today it married it up.
Anyway - basically I have some developments....
he gave me the full log book - i think because he was confused what to do....and I have the full previous address of the old keeper - who i believe was the garage. Anyway, I have found all of the guys contact details online and intend to call him in the morning. I believe he is the owner of the garage in question.
Anyway, if I can prove this - great! if not...I will pursue it further but my hands are well and truely burned over it.
http://www.mycarcheck.com/
Live and learn.
At £3800 you've paid approximately Cat D money anyway, so you haven't 'lost' anything much, just not got quite the bargain you thought you had.
Live and learn.
At £3800 you've paid approximately Cat D money anyway, so you haven't 'lost' anything much, just not got quite the bargain you thought you had.
It amazes me the amount of people who HPI a car AFTER they've bought it on ebay?? WHY WHY WHY??
Even once you've clicked the 'buy it now' IF its an impulse buy, then you've time to get the HPI check done BEFORE you go to see it - in fact, go to see it BEFORE you bid, like a normal person would.
WHY do people go in to these things with eyes wide shut THEN try to dig themselves back out of a sticky mess??
Even once you've clicked the 'buy it now' IF its an impulse buy, then you've time to get the HPI check done BEFORE you go to see it - in fact, go to see it BEFORE you bid, like a normal person would.
WHY do people go in to these things with eyes wide shut THEN try to dig themselves back out of a sticky mess??
To be honest - trust! and also you presume people are honest and you have some form of a contract with ebay inparticular.
I went there, really nice bloke, was at his house, van outside, met his wife etc. seemed very genuine, nice clean car - car not particularly cheap as it was very basic an needed servicing etc. so I wasnt suspicious.
It was my fault...but hey - I am going to fight it and im going past his house in a few days on a work trip so i will definitely be paying him a visit
I went there, really nice bloke, was at his house, van outside, met his wife etc. seemed very genuine, nice clean car - car not particularly cheap as it was very basic an needed servicing etc. so I wasnt suspicious.
It was my fault...but hey - I am going to fight it and im going past his house in a few days on a work trip so i will definitely be paying him a visit
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