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Thread: Where do i stand legally?

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    Default Where do i stand legally?

    I bought a Vectra C from a private seller which had developed a fault with what he thought was the immobiliser. The seller tried to rectify the fault before i paid for the vehicle by taking it to a dealer for diagnostics but they couldn't find out what was wrong. The seller agreed to pay for the car to be fixed if the fault returned. After i bought the car the fault returned the same day i collected the car (no lights, indicators etc whilst driving home) and wouldn't start after my OH washed it in the evening. On the 2nd day it had to be recovered back to a garage as it wouldn't start. After further investigation it was found that the fault related not only to a faulty immobiliser control module but also to missing components vital to the cars safety equipment (mainly airbag and airbag control module). I asked the seller to contact the dealer to ask what they did at which point he admitted that it was done as a favour and not a genuine diagnostic. In the original description of the car he stated the car was in excellent condition with no problems. After i had the car recovered, the seller admitted that the car used to always play up in the wet weather! The seller is now refusing to pay for the repairs and has lied about the car. What are my rights to claim back the cost of the repair which is over £1000?

  2. #2
    Regular Member Coupe2T's Avatar
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    Don't think you have many given that it was a private sale, but I think if you can prove that the car was not as advertised then you do have some rights. Not sure what you could get back out of them though.

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    Regular Member ditchp's Avatar
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    Vehicle : Vectra cdti estate

    Trim : Get a

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    get in touch with trading standards if i were you mate, and also seek advice form a solicitor to see if there is anything you can do that way...
    Midlands Mod Shop - NFFC.

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    I have written proof that he would pay for the repair and the fact he lied about the car.

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    Admin & Merchandise Manager bigmac's Avatar
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    Small claims court is only option imo

    Irmscher Insignia CDTI 130

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    Regular Member Coupe2T's Avatar
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    As ditchp says then, contact trading standards (Consumer Direct) and ask them what you can do, they should be able to point you in the right direction as to what legal rights you have.

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    ouch. no idea on the legal side but he obviously wanted rid and said what he needed to say to get shot of it.
    buyer beware is the motto and I tend to think that if something apperars to be wrong walk away and if something seems too good to be true then run away before you get tempted with 'a bargain'.
    hope you get something sorted with the conman- though being nice probably wont do it.

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    Regular Member mann3210's Avatar
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    if you dont have a written agrement signed by both the seller & buyer then you dont have much of a case to begin with, its a classic case of sold as seen, the seller could just lie & say he never offered to pay at all, your word agenst his, sorry bud

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    I did all the checks on the car, HPI etc and nothing came up. The car has only done 53k.

    When the garage took it to bits they found that it had been in an accident but not declared (why is didn't show up on the HPI) front bumper resprayed (that good i didn't notice) passenger airbag removed along with the airbag control unit.

    He hasn't put sold as seen on the receipt either so hoping i will have some come back.

  10. #10
    Regular Member RhayaderSax's Avatar
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    Private sale = buyer beware. You do have one or two rights though. If you can prove that the vehicle is significantly not as described or that the seller has deliberately misrepresented the condition of the vehicle.

    For example, you are entitled to expect the vehicle to be capable of passing an MOT test when you buy it (unless you and the seller clearly agree it is to be sold as scrap). The missing components you mention fall under this expectation & (providing it wasn't sold as scrap) you would be quite likely to win in the small claims court.

    Go to CAB or a solicitor.

    Small claims court isn't as scary or difficult as you might think.
    A stiffly worded Solicitors letter to the seller pointing out your rights as a private buyer might (just MIGHT) do the trick.
    Last edited by RhayaderSax; 24th June 2011 at 14:58. Reason: Further info.

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