Car sold with fake service stamps, broke down within a week!

tmg

New Member
May 27, 2013
2
0
0
Hello everyone,

I recently bought a second hand car from a private seller on eBay. I went to collect the car the same evening that the auction ended.

The car seemed to work well, and his description on eBay said that it included "a full service history" and that it had an MOT with no advisories and drives like new.

When I arrived I quickly scanned the most recent pages of the log book, they were stamped so seemed ok. I tested the car (revved) and inspected it and all seemed good.

A week later the engine light comes on - it keeps going into limp mode. The petrol cap stopped working, along with air conditioning. The hot air stopped working too.

So I phoned this chap up requesting a refund and his response was that he didn't have a clue why it had happened, that it was working fine up until I started driving it? I mentioned to him that there were fake stamps. A few text messages were exchanged and his stance is that the fake stamps were from the previous owner (before him).

I got the AA to tow the car to a Mazda dealership/service centre. They found that the wiring loom had been tampered with. They said it was a "botched job".

The seller wanted to bring his "own rotary specialist" to the Mazda garage to inspect the car. I said to him what would he know that a Mazda service centre would not? I said to him not to go near the car and notified the garage not to allow him to see it without me being present.

He has said he will refund me if I return the car in the same condition that it was sold in. So I said ok, refund me now and collect the car - as the car had obviously been modified before I bought it and that under the Sales of Goods Act I am entitled to "reject" the car if it fails after a certain amount if time (around a month).

He won't refund me, has been very difficult so I am now taking him to court because the fake service stamps is classed as fraud and the item does not match the description at all. I have printed out all the evidence and have recorded phone calls too. Consumer advice said I'm well within my rights and go to court as a last option - which it has unfortunately come to and I am going to the court to pick up a claim form tomorrow.

His "defence" is that he never knew about the fake service stamps. He says he's been onto consumer advice and they've told him that he's within his rights? Sounds like he's told them a completely different story. I phoned a solicitor and they said not to even bother using their services because he's clearly in the wrong and advised me to take the matter to court ASAP.

The seller has only owned the car for two months, then sold it onto me. Sounds quite fishy...

I'd just really appreciate any advice really regarding what will happen, how long it will take - and why he thinks he can get away with this? It baffles me honestly..

Thanks for reading

Tom
 

ALewis

Moderator
Nov 23, 2010
691
4
0
South Wales
Hi Tom,
The processes of the court are listed HERE

Generally speaking, you'll be on a waiting list for a hearing provided that the seller puts forward a defence. If however he fails to defend, the court will rule in your favour without a hearing.

The seller could be lying about contacting CA, or he may be trying to put you off. Either way, fraud is fraud - though this would be a criminal matter enforced by the police, not you at a civil court.

If you're not confident about representing yourself at court, or feel that a solicitors presence would be favourable, take on a 'no win no fee' solicitor, but obviously choose one with the smallest fee! But if I'm perfectly honest, I'm certain you'll be fine representing yourself

We can't really provide much advice here on who will win the case - nobody can advise this, as it's a judge who decides. Of course we can speculate, and so can solicitors, and if they're telling you that the chances are that you'll win, I'd go with that - they are the experienced ones after all.

Adam
 

jonnie

New Member
Sep 14, 2013
1
0
0
Hi Tom, I'm facing the same predicament. How did the ruling go? In my case it's a 2012 Prius but I only realised it was a fake service stamp after purchase and wondering why the oil didn't look as clean as it should have been.

Jonnie