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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44882
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I bought a horsebox and made payment when i took the vehicle

Customer Question

I bought a horsebox and made payment when i took the vehicle for a drive i noticed lots of issues and the vehicle wasnt road legal the speedo wasnt working there was no seat belt the window was chipped and it was smoking. I returned the vehicle and asked for my money back and this was refused i left the vehicle where it was due to finding out it had no MOT making my insurance void what can i do to claim my money back
Submitted: 3 months ago.
Category: Law
Expert:  Ben Jones replied 3 months ago.

Hello did you buy it privately or from a business seller? Please note due to the late hour I am going offline shortly so will pick this up again in the morning thanks

Expert:  Ben Jones replied 3 months ago.

Hello, not sure if you saw my initial query above - did you buy it privately or from a business seller?

Customer: replied 3 months ago.
Sorry, i bought it privately through ebay but stupidly i paid by bank transfer
Expert:  Ben Jones replied 3 months ago.

Thank you. When a person buys a second-hand vehicle from a private seller, their rights will be somewhat limited and will not be as extensive as if they had bought it from a dealer.

In general, there is no legal requirement for the vehicle to be of satisfactory quality or fit for purpose. Therefore, the buyer will only have rights in the following situations:

· If the vehicle did not match the description given, whether in the advert or any subsequent discussions. This would amount to breach of contract or misrepresentation

· If the seller broke a specific contractual term – e.g. if they fail to do something they specifically agreed to, for example, fix certain faults or provide an MOT. This is also going to be a breach of contract

· If the seller was actually a dealer posing as a private seller - this is an unfair commercial practice and can even be a criminal offence

· If the vehicle is unroadworthy – this occurs if its brakes, tyres, steering or construction make it unfit for the road. This will also be a criminal offence.

In the first instance, any issues with the vehicle should be resolved directly with the seller. You can also use threats of legal action as a negotiating tool, although I would only recommend formal legal action if you have valid grounds where you can show your situation falls within one of the circumstances listed above.

In terms of pursuing the seller for the money paid, assuming that they are refusing to refund you, then the only option is the county court (specifically the small claims court if the overall value id below £10k).

This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow to pursue this further, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Expert:  Ben Jones replied 3 months ago.

Hello, I see you have read my response to your query. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail? In the meantime please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. The question will not close and I can continue with my advice as discussed. Thank you

Expert:  Ben Jones replied 3 months ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.

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