Bad discovery on the eunos fuuuuuuuuuuuu



  • Small claims court and trading standards then bud.



  • @2b190eed94=Marco:

    Will do Ryan.

    Both footwells have holes to the ground also.

    Robbie, it was cash via bank lodgement. So I've no comeback on that :(

    Really lowers your opinion on people doesn't it.

    He's replied that he wrote 'sold as seen' - no mention of that what so ever in that description. It's still live on ebay.

    Did ya get a receipt from him? Check SAS ain't written on that if ya did.

    But I would go small claims and TS as Lori said!!



  • someone once told me that sold as seen isnt worth the paper its written on. you still have rights as a customer, even if it does mean a small claims court. ebay buyer protection may be able to help you as well. i know it wasnt done through paypal but they will have all messages etc. as long as it is not over 60 days ago. give it a go. I am still getting fines through from a car i sold nearly 2 years ago via ebay because DVLA did not recieve the logbook. they have threatened to clamp the vehicle (ford mondeo ghia) which i do not own anymore….. or pay 80 quid. come and clamp away :) but back to the point, ebay could not help because its over 60 days ago. its gotta be worth a shot



  • Nope no receipt, no SAS anywhere! It would not look good for him in small claims court.

    I've contacted eBay. They don't cover cars in buyer protection, but we'll see what they say.



  • http://www.adviceguide.org.uk/index/your_world/consumer_affairs/buying_second_hand_vehicles.htm#you_bought_the_vehicle_from_a_private_seller

    A lot of advice on this!! Also.. if the car has MOT.. how did it get it with Rotten Floors???
    "The vehicle is unroadworthy

    If the vehicle is unroadworthy, the seller may have committed a criminal offence and you should report them to Consumer Direct on 0845 404 0506 or at: (New window) www.consumerdirect.gov.uk. In Northern Ireland, you should contact ConsumerLine on 0845 600 6262 or at: (New window) www.consumerline.org."

    "The vehicle doesn't match its description

    If you can show that the vehicle did not match the description the seller gave you, you will have a claim against them, even if the seller believed the description to be true. It will strengthen your claim if you have written proof of the false description, for example, a newspaper advertisement. A false description which was only made verbally and not in writing will be much harder to prove, unless someone else was present who can act as a witness.

    If the seller said something about the car which proves not to be true, for example, if they said that the vehicle had a new clutch or one owner from new, you will also have a claim against them. However, if the seller described the vehicle as in good condition, it will be more difficult to complain as the vehicle’s age, make and mileage, and the price you paid all have to be taken into account. If the seller did not say anything at all about the vehicle, you will not be able to claim against the seller.

    If the seller sold you the vehicle as having an MOT certificate when it didn't really have one, you will have a claim against the seller.

    If you want to take action against the seller because they gave you a false description of the vehicle or said something about it that wasn't true, you will need proof that the seller did this at the time of sale. If you have delayed for more than a few weeks or have used the vehicle a lot, this may be almost impossible to prove. An independent report may be able to establish the condition of the vehicle at the time it was sold, but this can be expensive.

    If you want to complain about the vehicle not matching its description or the seller telling you something about the vehicle that isn't true, you should complain in writing to the seller. Ask them for a refund or for the cost of any repairs, depending on what you want them to do. If this does not succeed, your only other option is to take the seller to court. However, you should bear in mind that it can be especially difficult to get any compensation from a private seller.

    If you are considering taking the seller to court, you should consult an experienced adviser, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by e-mail, click on (New window) nearest CAB."



  • FAO: Daniel Wiley,.. as you have stated you sold a car nearly 2 years ago then it would have been your responsibility to inform dvla by sending the doc's off not the buyers so your actually at fault Dan….





  • nothing can come back to the MOT due it being over 3 months since it was done



  • Thanks for that link Hammy, it's gold.

    @300203e2e5:

    I have been seeking legal advice.

    "If you can show that the vehicle did not match the description the seller gave you, you will have a claim against them, even if the seller believed the description to be true. It will strengthen your claim if you have written proof of the false description, for example, a newspaper advertisement.

    If the seller said something about the car which proves not to be true, for example, if they said that the vehicle had a new clutch or one owner from new, you will also have a claim against them.

    If you want to take action against the seller because they gave you a false description of the vehicle or said something about it that wasn't true, you will need proof that the seller did this at the time of sale.

    If you want to complain about the vehicle not matching its description or the seller telling you something about the vehicle that isn't true, you should complain in writing to the seller. Ask them for a refund or for the cost of any repairs, depending on what you want them to do. If this does not succeed, your only other option is to take the seller to court."

    You also broke the contract term of not taxing it as requested before I picked up (which is all saved in writing):
    "If the seller fails to do something they specifically agreed to, for example, fix certain faults or that the vehicle would have an MOT, they will have broken their contract with you and you will have a claim against them."

    The holes in both footwells may also deem the vehicle unroadworthy:
    "If the vehicle is unroadworthy, the seller may have committed a criminal offence and you should report them to Consumer Direct on 0845 404 0506"

    I do not wish to go this far, however your actions will determine your outcome. If I do not hear from you with an appropriate refund I will begin the legal process on all 3 counts. Fortunately, all 3 counts are not affected by the timescale nor the drive home and are therefore nondisputable.

    Sincerely,
    Marc Harrington



  • Hope it helps to resolve this mate.



  • @3ac986d699=Raines:

    FAO: Daniel Wiley,.. as you have stated you sold a car nearly 2 years ago then it would have been your responsibility to inform dvla by sending the doc's off not the buyers so your actually at fault Dan….

    I did send it off lol. not the buyer. never mind though, i am not going to pay the fine. it is not law to chase up with the DVLA weather they have recieved the paperwork. although they do state that you "must" it is not actually required. its not my fault if the dvla are a bunch of incompitant pricks lol.

    Really hope you get it sorted out marco. i will have a browse through that link in my lunch hour



  • @1e4cab28ce=daniel:

    @1e4cab28ce=Raines:

    FAO: Daniel Wiley,.. as you have stated you sold a car nearly 2 years ago then it would have been your responsibility to inform dvla by sending the doc's off not the buyers so your actually at fault Dan….

    I did send it off lol. not the buyer. never mind though, i am not going to pay the fine. it is not law to chase up with the DVLA weather they have recieved the paperwork. although they do state that you "must" it is not actually required. its not my fault if the dvla are a bunch of incompitant pricks lol.

    Really hope you get it sorted out marco. i will have a browse through that link in my lunch hour

    check your current v5 dan your liable for all fines and a penalty from dvla if you dont sort it,.. you need to prove you submitted the form and just leaving it will compound your stiuation further,…you should have recieved a confimation letter stating it has been transfer to the new owner if you didnt then you have to call dvla and sort it,...

    give this number a call fella and they'll sort it im sure..03007906802



  • Lol - and that Gumtree-advert in relation to the pics you made is gold too.

    "Never had any welding" - true, all the rust was just covered :)

    Also wondering about those prices people state in the adverts for some parts included. I.e. the "£600 in dash 6 disc cd/dvd changer, DAB radio" which you can buy for £180 new.

    PS: When I scrapped my old BMW a few weeks ago and send off the letter to the DLVA I had a confirmation about 3 weeks later.



  • @385efe5e5b=tomtom:

    "Never had any welding" - true, all the rust was just covered :)

    Ha I know, not even that though, it has been welded!



  • @3eb10ab311=tomtom:

    Also wondering about those prices people state in the adverts for some parts included. I.e. the "£600 in dash 6 disc cd/dvd changer, DAB radio" which you can buy for £180 new.

    I actually saw a brand new one on ebay yesterday for 149.99. sorry to burst your bubble marco :(



  • @7ae0319cab=Raines:

    @7ae0319cab=daniel:

    @7ae0319cab=Raines:

    FAO: Daniel Wiley,.. as you have stated you sold a car nearly 2 years ago then it would have been your responsibility to inform dvla by sending the doc's off not the buyers so your actually at fault Dan….

    I did send it off lol. not the buyer. never mind though, i am not going to pay the fine. it is not law to chase up with the DVLA weather they have recieved the paperwork. although they do state that you "must" it is not actually required. its not my fault if the dvla are a bunch of incompitant pricks lol.

    Really hope you get it sorted out marco. i will have a browse through that link in my lunch hour

    check your current v5 dan your liable for all fines and a penalty from dvla if you dont sort it,.. you need to prove you submitted the form and just leaving it will compound your stiuation further,…you should have recieved a confimation letter stating it has been transfer to the new owner if you didnt then you have to call dvla and sort it,...

    give this number a call fella and they'll sort it im sure..03007906802

    Thanks mate, i will call them when i get home. I tried to phone the DVLA before and its all automated and could get through to a person. just said you cannot do this on the phone.



  • Look only one lady owner and no rust mint paint etc etc …...

    Sorry fella…hope it cheers you up a bit..



  • haha yea that about somes it up!

    I put the MS exhaust back on, sounds nice now the blowout on the center box is welded up. Feeling in limbo at the moment. I'm now putting my coilovers and 5 stud bits back on the black car, as it's so much minter than 'mint'! Glad I hadn't taken the engine out as well!



  • His reply was "take me to court"

    Looks like it's time to step it up a notch!



  • i feel so bad mate, i really cant apologise enough for this. I will make it up when we come over to Ireland. Ill buy all your drinks :P


 

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