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Ask Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70105
Experience:  Over 5 years in practice
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I bought a vehicle on ebay, I have now found that it has a

Customer Question

I bought a vehicle on ebay, I have now found that it has a very badly maintained engine and mechanics and I've driven it a few hundred miles and now had to have the head gasket skimmed as well as sellotaped pipes replaced also many other parts. It was advertised with 94,000 miles on clock but has previously done double that when used in Spain. Also it was advertised as perfect for anyone wanting to take it overseas as it had the Spanish documents and reg but this cannot be transferred into another persons name as it is still in previous owners name. All of the above advertising was incorrect do I have a claim?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
Was the seller in the UK?
Customer: replied 2 years ago.


Expert:  Jo C. replied 2 years ago.
Did he represent the mileage as being correct and did he say that it was in good condition in the listing?
How much was it?
How old is the vehicle?
Does he live close to you?
How long have you had it?
Is it a private seller?
Customer: replied 2 years ago.

Yes he did say the mileage was correct which it is according to the new clocks fitted when the previous owner brought it into the UK, but he new

very well that it had the clocks changed but failed to disclose this to me.

As far as the engine and mechanics were concerned he said that they were great and would go on for miles and miles! In his advert he said,

It drives very well and is fast and sound, engine and gearbox both lovely!

The cost was 2400pounds.

The vehicle was manufactured in 2003.

I spend a lot of time in the Canary Islands and this was my reason for buying the car, therefore I'm not close to him, although when I am home, he is about an hour away.

I bought it August 10th 2014 but came back to England to drive it over on the 11th Sept 2014

He advertises as

Customer: replied 2 years ago.

I'm trying to respond to you! He did say this was the correct mileage and said the engine was lovely and would go on for miles!

Customer: replied 2 years ago.

I'm still awaiting a reply

Customer: replied 2 years ago.


Expert:  Jo C. replied 2 years ago.

The reason that I ask how close to you he is geographically is that if you issue Small Claims Court proceedings against him they will be transferred to his local court which may not be particularly convenient for you. You just need to be aware of that.

In circumstances like this, the Sale of Goods Act does not apply to the Private sale of the vehicle. However the seller must not represent the vehicle and it appears that he has clearly misrepresented the car.

Assuming that you have evidence from an independent third party of exactly what is wrong with the car and how much it will cost to fix, and the fact that the mileage is much higher than was indicated you have a claim for compensation/damages.

You would actually be entitled to reject the car and a full refund but being entitled to it and getting it are two different things altogether. You are probably, after almost a month and a half too late now to reject the vehicle anyway. Your remedy is compensation/damages

From now on, I would put everything in writing. Tell the seller of what faults you have found and tell him that unless he agrees to take the car back and refund you in full, you will take him to the Small Claims Court for the cost of repairing the car and putting it back into the condition he described it as, the reduction in value based upon the misrepresented mileage and for car hire while the car is in for repair. That will probably come to more than you paid for the car!

I would tell him that you need him to agree to this within the next seven days (give him until a date and then there is no dispute when the seven day time limit runs out) failing which you will issue Small Claims Court proceedings without further notice.

If you doesn’t agree within that timescale, then you can issue Small Claims Court proceedings quickly and easily by following this link

If he had said words to the effect of, here is the car as far as I know it’s in good condition and as far as I know the mileage is genuine but do come and make your own mind up as I have not owned it since new, then you would have had no claim but as he made the comments and representations that he did, that does give you a good claim.

Make sure that you print the advert off the website because as you are aware, they do disappear after a few months.

I clarify anything?

Customer: replied 2 years ago.

Your answer was good but too slow in replying to me

Expert:  Jo C. replied 2 years ago.
As you are displeased I will opt out.
Customer: replied 2 years ago.

I didn't say I was displeased it was just a bit slow!

Expert:  Jo C. replied 2 years ago.

Because we are lawyers we have to go to court and have travelling to deal with and therefore there is sometimes an inevitable delay back to you from which we can only apologise

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