**. Won **. Car not as advertised - court claim - eBay

[thedirtyhound]

Quote: "To drive it, I would have to tax and insure it. It is currently on private land. The engine has not even been started." Are you seriously saying that you have issued this claim without ever having driven the vehicle?

[des8]

Acts aren't for educational purposes..... and I wouldn't recommend using that comment in court lol

[thedirtyhound]

I also think this could cause you a problem if he reproduces it:

I found these faults.
2 x Interior panels are missing.
The Centre console display needed to operate
heating, cooling and the radio is broken.
The drivers doorway is very badly marked.
The drivers doorway rubber coming away from
the car at the bottom and looks unsightly.
The front bumper is not secured properly.

"THE CAR HAS NOT BEEN STARTED. THERE COULD BE OTHER FAULTS"

You were informed of this by email that same
evening.
I require a full refund of £3300
plus £185 for this claim.

You've told him that the car hasn't been started for several months. Cars need to be turned over regularly to keep everything running. You had the opportunity to inspect the vehicle when he delivered it and if necessary reject it.

Don't get me wrong, I'm not on his side, but I really do think that you are p*ssing in the wind on this matter. When you try and do things on the cheap, things can sometimes go wrong. If you had bought a car from a local deal who sold it with a warranty, you might have paid a bit more, but you wouldn't be in this position.

[des8]

Once the dealer has been told the vehicle is rejected it should not be driven.(if only because if you have an accident you jeopardise your position)
It becomes his responsibility.


Starting a car and letting it idle does nothing for the vehicle except shorten its battery life
A car needs to be driven, not just started.
However if properly done a car can be laid up for years without deteriorating, altho' there are some obvious checks to be carried out before taking it back on the road (time to check on my laid up classic perhaps.. 3 years since it has been on the road)

[jerry12x]

Quote: "To drive it, I would have to tax and insure it. It is currently on private land. The engine has not even been started." Are you seriously saying that you have issued this claim without ever having driven the vehicle?

If your key fob was unable to open the door...... Would you tax and insure the car anyway?
Am I not allowed to say because of broken and missing items that the car is not what I want?
Must I really accept whatever I am given?
I may seem like a horrible person but quite frankly, I do not care if it has the best engine in the world.
A car is far more than an engine. To me anyway.

[jerry12x]

You had the opportunity to inspect the vehicle when he delivered it and if necessary reject it.

Did I really?
With all due respect... The car arrived two hours after it was promised. At that particular time, I did not have the time to inspect the vehicle and quite frankly would not choose to inspect a vehicle in poor lighting conditions anyway.
It was clear to me and my guests that a daylight inspection was the sensible way to go.
There is a distance selling law to protect the likes of me from the likes of unscrupulous sellers.

Now here is the thing.... I had already paid for the car.
If I rejected the car, I would have no car and he would still have my money.
The seller has already proved that he tells lies and can't be trusted.

[jerry12x]

When you try and do things on the cheap, things can sometimes go wrong. If you had bought a car from a local deal who sold it with a warranty, you might have paid a bit more, but you wouldn't be in this position.

I apologise for being an OAP on a state pension.
It sometimes means you are forced to have a less extravagant lifestyle.
*********EDIT************
It should not mean that I must suffer consequences.

I bought a car exactly the same way a couple of days prior.
There was a problem and the seller rectified it.
To me, that is the way business should be conducted.

[des8]

Now here is the thing.... I had already paid for the car.

Good, as it means you relied entirely on the description .
The distraction argument that you had time to examine the car prior to accepting it is a complete non runner

[jerry12x]

Thanks. I needed that.

[jerry12x]

I am working on the Witness statement at the moment.
Well... I call it fighting with MS Office bullet numbering.
Photo's can be used but is there a certain way to use them?
At the moment I have them in the appropriate place but it occurred to me that the photo's should be an addition at the end and simply referenced from the statement.

[des8]

Your statement needs to be in strict numbered chronological paragraphs.
You would say something along the lines of

8. On dd/mm at 8.00 a.m. i examined the vehicle and discovered it was not in good condition due to the following faults:
(I) heavy scratching to driver's door (exhibit 4)
(ii) interior panels missing (exhibit 5)
(iii) control panel not functioning or whatever (exhibit 6)
etc etc

You then have a separate pile of exhibits numbered accordingly.

[jerry12x]

Thank you, that helps. I had done e.g. interior panels missing with a picture underneath.

Incidentally, this is the first solicitors letter that provoked me to start the County Court claim.
I did not realise at the time that the untruths were the result of him having a dishonest client.
It would I am sure have put many people off proceeding.

If they end up in the wrong order, I have numbered them 1 to 3.

[des8]

Post up your WS when finished so if necessary we can tweak it for you

[jerry12x]

I have completed an initial draught. It contains 4 pages of statements and 11 pages of exhibits.
I have used email correspondence and the full ebay messaging transcript of a further 8 pages.
I am sure it is not all needed but I tried to include everything.
The ebay messaging correspondence I am quite unsure of.
I will start with the first 4 pages.

Witness Testomony test1.pdf Witness Testomony test2.pdf Witness Testomony test3.pdf Witness Testomony test4.pdf

[jerry12x]

Continuing...