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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 75962
Experience:  Qualified Solicitor
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I am new in UK and I was deceive to buying a category c Car

Customer Question

I am new in UK and I was deceive to buying a category c Car with outstanding finance and fake MOT by a private person who advertised the car on face book without such details.
JA: Have you talked to a lawyer about this? In which country do you live? If different, which country is your legal question related to?
Customer: UK
JA: What steps have you taken so far?
Customer: Contacted the seller to take back the car and refund me without response.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Fake MOT. I suspected that the Mot is fake. He gave me One year mot. But the car cannot drive 60 miles per hour on the high way. It wobbles and the tyres are dancing
Submitted: 15 days ago.
Category: Law
Expert:  Ben Jones replied 15 days ago.

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Expert:  Ben Jones replied 15 days ago.

When did you buy the car? and how exactly did the seller describe it, prior to you buying it?

Customer: replied 15 days ago.
He presented good expression to portray the good conditions, never mentioned that it is a category C and the outstanding finance
Expert:  Ben Jones replied 15 days ago.

OK I understand and thank you for providing this information. Please leave it with me and I will get back to you with my answer as soon as I can, usually the same day. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Expert:  Ben Jones replied 15 days ago.

Many thanks for your patience, I am pleased to be able to continue assisting with your query now. First of all, I am sorry to hear about this situation and any associated issues.

When a person buys a vehicle from a private seller, their legal rights will be rather limited and will certainly not be as extensive as if it was bought from a dealer. The legal principle of ‘caveat emptor’ (also known as ‘buyer beware’) applies, where the buyer needs to satisfy themselves that they are happy with the description and condition of the car before they purchase it. There is no legal right to expect that the vehicle is of satisfactory quality or fit for purpose.

In general, private vehicle sales would only provide the buyer with rights in the following circumstances:

- False description - if the vehicle did not match the description given, whether in the advert or any subsequent discussions with the seller, it will amount to a breach of contract or misrepresentation. However, the seller does not have to reveal any issues with it, even if they knew about them. They simply should not make statements that will make the description false

- Roadworthiness - every vehicle must be roadworthy and if the condition of its brakes, tyres, steering or construction makes it unfit for the road, it will not be roadworthy, which is also a criminal offence

Any issues with the vehicle should initially be attempted to be resolved directly with the seller. If they are unwilling to co-operate, or no agreement can be reached and there is evidence that they had breached their obligation as listed above, further action can be considered. This could eventually lead to a claim for compensation, such as for any repair costs or for the refund value of the vehicle.

If you had to issue a claim then you can do so online via https://www.moneyclaim.gov.uk/web/mcol/welcome

Expert:  Ben Jones replied 15 days ago.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Expert:  Ben Jones replied 15 days ago.

I trust that everything has now been dealt with to your satisfaction and your original question has been resolved. If you have any further queries about it, please do not hesitate to get back to me on here. In the meantime, I wish you all the best.