Dodgy car bought

[MarieB]

Hi All
Hoping someone can help me its a bit long im afraid but want to make sure i give all facts over.
I purchased a car on ebay last friday and it was delivered to me at a cost of £200 on Saturday.i admit i made the mistake of buying with out looking.
When the car arrived the delivery guys unloaded it and left i drove it onto my drive and started to have a look round it.It was then i realised i has been sent the wrong car or at least it wasnt the car i saw in the pics yes it was blue yes it was a renault espace which was what i had bought but the one in the pics had a double sunroof this one did not the one in the pics had a bumper skirt this one did not.On further inspection of the car i have found allsorts of problems.
There is oil in the water tank,the mileage is wrong,the MOT has 9 advisories none of which i was told about,the central locking doesnt work and the barrell is missing so cannot lock at all.There was supposed to be full service history there is none supposed to be receipts for cambelt and clutch there is none.
I have contacted the dealer and he says oh sorry its a mistake but dont worry you have a good car.
I have told him i want my money back as the car is not what i thought i was buying and this is where the fun starts he will refund me but only if i return it which for obvious reasons seeings as the headgasket is more then likely on its way out i am not able to do.Please advise does he have a legal obligation to refund and collect the car i have told him i will take it to court and he said fine you havent got a hope.
Hoping someone can help as it took me a long time to save for this car i work full time and have 6 kids and just feel like i have been properly ripped off
Thanks for reading

 

[ALewis]

Hi,
Oh .. Talk about dealers talking through their ponies!
Of course you're covered! (It'd be a sorry world if not!)

You are actually double covered. One by the Distance Selling Regulations and two, by the Sale of Goods Act. (Not to mention the Law of Contract!)

I would personally take this down the Sale of Goods Act, and therefore:
u
Under Section 13 - whereby goods must match their accompanying descriptions (which it doesn't - photos are taken into account).
Under Section 14 - Goods must be of 'satisfactory quality' taking all relevant circumstances into account (with cars: age, mileage, factual descriptions, specifications, cost etc..)

Just one of the above alone allows you to take a full refund and be returned to your original position... However.
You've also got the Distance Selling Regulations, which enable you to choose to have a full refund and return the vehicle (if it was a mind change), however as the car isn't what you bought, you have no obligation to return it at your expense: you must give reasonable opportunities for the collection of the car, or you can return at their expense.

Not forgetting the fundamentals here, they are in Breach of Contract (as per the Law of Contract) whereby they have failed to keep to their 'consideration' by sending you a different car.

Next steps: write him a love letter:
Let him know youve taken legal advice and you know as well as he does that he's completely in the wrong - if you want, copy and paste what I've said. Notify him of what you want - a collection of the car and a full refund (and I mean FULL, everything youve ever paid). Give him 10 days to respond with the threat of legal action should he fail to meet the deadline.

Make a copy of the letter, send it & keep your proof of postage (incase you do go to court).
Also take screenshots / copy the ad on eBay. (Again, its evidence).

Await a response / a tow truck to come collect the vehicle. Await your refund. Log off eBay and go to a car garage - yes, they're more expensive, but you can inspect the cars and ask questions.
Don't buy off the side of the road unless you know how to maximise youre legal cover by asking the right questions. (2nd hand off a joe bloggs gives you almost no rights - apart from section 13, but if they dont openly offer info on faults, youve gotta press for it and ask 'are there any faults I should know about' and keep asking questions! (And take a notebook for notes... Cause that's what they're for).

I hope you liked my down-to-earth reply, I'm usually boring and (somewhat) professional.

Adam

 

[MarieB]

Hi again
Just thought i would update i took the car to my local MOT centre today just out of curiosity really well it was the best £27.50 i have spent car has failed the MOT on 10 reasons even though it passed at the sellers garage 6 days ago something definately dodgy about this guy.
Is there a name and shame part on this forum would hate anyone else to buy from him

 

[ALewis]

That's awesome news, you really have got yourself a great car there (as the horse said).
No we don't have a name and shame section, however users are free to do so in their thread. So go ahead

 

[Witch consumer]

Got to be worth a letter to VOSA, send the inspectors round! It is illegal to sell a car that is unroadworthy, even if its MOT is only a day old, even more so if the MOT is dodgy

 

[MarieB]

Ok letter received from him today saying he will refund me £1000 as long as i return it at my expense.I originally paid £1420 so think court it is can someone tell me how i do this as i havent got a clue and am at my wits end now kids back to school on Tuesday and i am driving a fiesta which doesnt fit all the kids in i have 5 i need to get to school

Please Help
I have since found out another 2 people this conman has sold dodgy cars to so am off to CAB in morning

Thanks Marie

 

[ALewis]

Well £1000 is a joke!

You can find out all you need about starting a court case here: https://www.gov.uk/make-court-claim-for-money/overview

You can make a claim online, or if you'd prefer, ask CAB tomorrow for a helping hand (they'll probably walk you through the process and fill out the forms for you too if you ask nicely).

If you need any help, just let us know.

 

[MarieB]

Well what a waste of time CAB were they reckon i should take the £1000 as i bought the car via auction i do not have many rights surely this cant be right he sent me a different car to the one in the pictures

Do i take the £1000 or fight this out

Thanks Marie

 

[Witch consumer]

You fight it out, they cannot sell you one car then replace it with another. I'd go down the SCC court route.

 

[ALewis]

They must've thought that it was a private seller as opposed to a dealer surely? And second to this, did they not understand that a breach of contract exists?
What a joke.
Go down the SCC route definitely.

 

[MarieB]

Hi Again guys
Well just thought i would update told the seller i would accept the £1000 and havent heard from him since lol what a joke so now am going down the scc route.
Ok i am filling in the money claim online form and am a bit bit stuck should i put the blokes name who sold me the car or the company name that i did the bank transfer to. Dont want to put it in the wrong one and risk the case also can i ask for compensation or just what i bought the car for
Thanks Again
Marie

 

[Witch consumer]

The company you bought the car from and gave the money to, it is that money you are seeking back. Think you may find your cheque is in the post once they get notification of your claim!

 

[MarieB]

Thats great ty decided not to bother with compensation just want what i paid back hopefully it wont take long

 

[MarieB]

Hi Again
Court papers filed now just gotta wait see what happens but on a good note Trading Standards are investigating him too

 

[MarieB]

Hi Again all
Need some more advice i have passed the case over to the sheriffs office who have got a high court writ to go and get my money back however they have e mailed me today to say that i have got the name on the writ wrong anyone know how i can change the name as the sheriffs dont seem to no how to do this i have named NSV AUTOS on the writ and it should be NSV AUTOS LTD

tHANKS

 

[Navara]

Hi just wondering how this person got in regarding NSV Autos Ltd as I and at least ten people are going through a similar experience regarding myself my car went for repair reconditioned engine they quoted 1295 with five day turnaround it went into them 28th March this year after two weeks they said turbo had gone so I authorised the fitting of a new turbo although the mechanic who had looked at it before it went in said nothing else was wrong with my vehicle except it needing a reconditioned engine putting in. After constant phoning I eventually had phone call to say could pick my car up on the 16th May went over and paid them in total £3200 and twelve months warranty on work carried out, On my way home I began to hear a knocking coming from the car I managed to get it home but on trying to restart it wouldn't turn over and black smoke billowed out the back. I phoned them and they fetched the car the next day. They then kept my vehicle until 19th June when I had a phone call to say my car was ready to be picked up because the car had gone back in under warranty not in a million years was I expecting to be given another invoice because they had never phoned to say that a component had gone on my car or had I given any authorisation for a part to be fitted into my vehicle I was told that the fuel pump was faulty and that they had fitted a new one and presented me with a further invoice for £2023 I was shocked and asked for some evidence that a fuel pump had been fitted owing to the fact that I had already given them £3200 and now they required a further £2023 they were unable to give me any proof or documentation. I said I am going to have to seek legal advise I am not refusing to pay just need some advise because what is to say that if I pay this amount the car is not going to break down twenty minutes down the road like before. Mr Pritpal Virdee from NSV Autos Ltd became very abusive snatched the invoice out if my husbands hands ripped it up and threw it in the floor and ordered us out if the garage saying he would sell my car at auction the next day if I did not pay and was going to charge me £30 day storage. The next week he was constantly harassing me to pay the invoice and I was asking for proof eventually he sent me what I thought was an invoice of proof that he had purchased a fuel pump for my car from Westway Nissan Brettal Lane Stourbridge. On looking I could see that there was no tax point date on there so my husband took it up to the garage to show them the invoice on seeing it they confirmed that it was not an invoice but purely a estimate that NSV Autos had phoned up enquiring about an hr before we had gone up so They had fraudulently doctored an estimate into an invoice to try to get me to pay for a part that I now knew had not been fitted into my vehicle. I instructed a solicitor and letters went back and forth eventually on the 30th July Mr Virdee agreed to let my vehicle go to Nissan and be independently inspected to establish what work had been carried out on my vehicle. A date was arranged and when the car did not arrive my solicitor enquired why only to be told Mr Virdee had not been well. We kept trying to get the vehicle in for inspection then the middle of September I received a letter from the DVLA stating that someone was applying for the V5 on my vehicle and were saying that they had purchased my vehicle on eBay on the 18th August so all the time Mr Virdee was stalling taking my vehicle to get inspected he was selling my car although we were still in negotiations with him. Dvla said I needed to go to the police and get them to class my vehicle as stolen then they would not send out the V5. I went up to my local police station and told them what had happened they agreed that they would class my vehicle stolen and I gave a statement right it the end of giving my statement I just happened to say thank you so much for classing my car as stolen only this man has made my life hell over the last few months sending me messages from his phone threatening to sell my car I was shocked when the police officer sat back and stopped typing and said I didn't realise that he had threatened to sell your car I am going to have to go and speak to someone but I am almost sure that this will take it back from criminal to civil and sure enough when he came back he said sorry yes that has turned it back to civil. When the police wouldn't class my vehicle stolen the dvla sent out the V5 to the person who was now in possession of my car.
Since then I have found out that he sold my car on e.bay for £4200 and kept all my possessions that were in the car and not to this day has he ever notified me that he had sold my car and to date I had paid him £3200 for goods that I only had usage of for twenty mins sold my car for £4200 and I have paid solicitors fees of £1700 only for him to refuse to reply to my solicitors last letter. Since then I have been in contact with other people who have had the same experience as myself also having their cars sold also there are people who have bought cars on eBay when the car has arrived it has not been the car they bid on and they have had so much wrong with them also a couple have actually paid for cars that are actually only of scrap value.
I am sorry about this being so long just wanted to get across what has happened to myself and others this garage and in particular Mr Virdee needs to be bought to justice.