Have i got any rights on this?

kellemar

New Member
Oct 21, 2010
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I'm really hoping someone can help me. In the middle of July, I bought my daughter an Astra Twinport on a 54 plate via eBay on a Buy It Now. Although I clicked "Buy It Now", I did not part with any money as the person was close to me and arranged to look at the car. We turned at his home in the countryside and it transpired that he was a car dealer, but he said he had retired and was selling his "trade in" vehicles online to get rid of them.

I had a test drive in the car and couldn't notice anything wrong with it. I did notice it didn't have a spare wheel which I pointed out and his assistant went up to his barn to collect a spare. I accepted the scratches and dents on the car as felt I had got it at a reasonably good price of £3000. His assistant couldn't find the tyre so we went up to the barn which was full of vehicles - in the end, he took one of the right size from another car.

I went away and arranged to pay him through PayPal. He wasn't happy with this really and wanted cash, but I said I couldn't pay like that. PayPal confirmed I had paid and I went home to sort out insurance for the car. I went back the following day with my husband to collect it.

My daughter was over the moon with the car, but it had a little bit of noise on changing gear. It has what is called an Easytronic gear box which allows you to drive it in manual or automatic. I tried to contact the man about the car, but was told he had been involved in a traffic accident and was in hospital. I tried again for a further month, but then couldn't get any answer from his phone.

When driving to work on Monday, my daughter's car made a much louder noise, bunny hopped and then made a bang and died. I was told the fault could only be detected by Vauxhall and so it was towed to a main dealer.

I have been told that the gearbox "has had it", as has the clutch (which is operated electronically not via foot pedal) and it is likely the driveshafts have gone too. The lowest cost for repair is £1650 but if the driveshafts have gone, the cost is £2700. I am extremely upset, as is my daughter and don't know what I can do, whether I have any rights etc.

I read up on eBay and PayPal and their buyer's rights specifically EXCLUDE vehicles which is a nightmare. She's only had the car 3 months and the cost of repair is almost the cost of purchase of the vehicle.

I have sent an e-mail to the man asking if he would consider repairing it or offering some compensation because of this, but he has not responded.

Can someone advise if I do have any rights?

Thank you so much.
 

ArnoldHelper

New Member
Oct 8, 2010
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Firstly, dealers posing as private sellers is not uncommon as companies have certain obligations under the Sales of Goods Act. Any fault found on a vehicle within the first 6 months is automatically deemed to have been present at the time of sale, unless the seller can prove otherwise (excluding normal wear and tear).

First, contact your local trading standards office and get their guidance

Secondly, warn everyone else of this dodgy dealer by reviewing them here:
www . dodgydealers.co.uk
 

kellemar

New Member
Oct 21, 2010
2
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0
Thank you very much for your response. I have not heard back from the dealer at all and I have to get the car fixed so my daughter can get to and from work. I will contact Trading Standards tomorrow and also report him on the website you advise (unless he's already there!)

Thank you again - your advice is much appreciated.
 

ArnoldHelper

New Member
Oct 8, 2010
9
0
0
Thank you very much for your response. I have not heard back from the dealer at all and I have to get the car fixed so my daughter can get to and from work. I will contact Trading Standards tomorrow and also report him on the website you advise (unless he's already there!)

Thank you again - your advice is much appreciated.
He may or may not already be registered - but remember more reviews will reinforce a view of him - good or bad.