how to sort out used car[no longer working] bought from private seller

[BogCat18]

Hy, As time is against us, could someone please get back to me asap,
7/1/2019 - advert in auto trader for used car £495. Contacted seller, who picked our nephew and wife to see the car, It looked ok, he drove it, it was ok, a bit noisy but the seller did say it was a little noisy. She stated it had belonged to her son for the last 4 years, it was very reliable, started 1^st time never broke down and had regular service. It was needed for school run for our young child and family use and to get to work. Paid £495 cash, was given a briefly written reciept which had her sons name and address on it. It was driven back home.
Seller sent texts to make sure nephew and wife got home safe and well as there was no tax on it. We changed insurance and taxed it straight away.
Everything was fine until;
17/1/2019 – on way to work, about 3.30 pm, it stuttered and wasn’t working properly, Nephew managed to get it into , where it just stopped completely, nothing at all! Called the AA, who came, tried to get it working, but nothing, towed it to garage in village where we live. AA gave me ref number and the report of what he thought issues were. Nephew couldn’t get to work, so got home about 6pm. The garage said they would try to get it sorted the next day.
18/1/2019 – Due to volume of work the garage were not able to sort it and that it would be on ramp later that day and they would try to sort it early Sat morning.
19/1/2019 – Garrage contacted us in morning; they had checked it and there was so many faults and repairs that it would cost about £1000+ to put right and in there opinion , the seller should have sold it and the garage [was rather angry] were even prepared to contact the seller to express there concern.
My sister in law who had paid for the car and spoken to the seller initially [as I said money is tight for nephew and family] sent message to seller, but had to leave a message as no reply. Later that afternoon a text was received by seller; sated that sorry to hear about problems, not sure what was wrong with the car, her son had it for 4 years, reliable no problems regular service etc……then the seller added; ….you had the car for few weeks now, no idea what issues are as it could have been tinkered with,therefore in no position to give a refund…have you taken it to garage and sorry!
So need help as have to sort out what to to tomorrow morning as garage will want to know, it cant be driven as it doesn’t work. The cost of repairs isn’t worth it even garage have said that.
Now onto the help and advice bit;
What rights or legal rights do we have – if any! Does Consumer law cover this, fit for purpose etc. In theory In theory, our nephew has had the car only 2 weeks today, but in practical terms really 101/2 days as the remaining time is in garage. Even the garage has said that the problems/faults were on going far longer than the time we had it, so it isn’t down to tinkering! We don’t know about mechanichal stuff. It also transpires that the service book has stamp or comment that it hadn’t been serviced since 2005? But as this is in car I I cant get it or speak to garage till tomorow morning.
I know £500 for 2^nd hand used car? What do you expect! Well that it should last longer than 2 weeks? And worst of all It is my elderly sister in law who has lost her money now not to mention all the upset it has caused everyone.
To conclude; what action or route can we use to recover the money or anything? Also as car cant be driven, it will mean extra costs of towing? So how do we get to back to seller! Is there a court option or anything at all.
Many thanks for any help please. I am here for a couple of hrs and wont have internet for a few days, so if someone coul dget back or give me advice to sort it, also car is in garage need to contact in morning

[Jinxer]

As far as I know you shouldn't knowingly sell an unroadworthy vehicle. The key word being knowingly, apart from that caveat emptor applies.
One of the legal experts may come back with something you can do, but in my opinion this is one to put down to experience unless you can prove the seller knew about the faults.

[BogCat18]

thank you, I have report from AA and the garage will provide a full report on all the problems, that ceratinly not caused by the buyer, as the seller is suggesting. I have details of what the seller said that;"it was sold in good working order...her son had it for 4 years, it was very reliable, started 1st time and no problems at all, it had full service history and as we had it a few seeks, she cant say if its been tinkered with?" The service book has a stamp and comment that sugests it hasnt been serviced since 2005?
can I asume then really we cant do anything about it? just lose the money and stuck with a car that hasd to be scrapped maybe

[BogCat18]

if the seller has stated; the goods [car] is reliable no problems starts first time etc. especially having regualr services, isnt that an implication that;;; yes you are buying as seen, you have looked at it, tested it etc but obviously you cant see into engines or other things.....then at least it should have lasted more than 10 1/2days?, if not then perhaps say otherwise? people dont normaly buy something that lasts onlyt 10 1/2 days do they, especially when they have believed it will do the job they bought it for? is there any regulation or route we can take?

[Jinxer]

You don't mention how much MOT was on the car, you maybe able to get VOSA to look at it.
https://www.gov.uk/check-mot-history
You could check the MOT history above and if their are things on the MOT history that haven't been repaired then that could give you good evidence that the seller knew the car wasn't roadworthy when they sold it.
I'm not sure what else you could do, hopefully someone else will have better advice for you.

[BogCat18]

sorry I have the details of MOT; Date tested 22/08/2018 expires 1/9/2019 they spent 283.35 for some work that was done. also have some past few years of MOT details, have to wait till tomorow when our garrage opens to get the report they have done!

[Jinxer]

Second-hand car bought privately

You have fewer rights when you buy a used car from a private seller, and key parts of the Consumer Rights Act don't apply.

For example, there is no legal requirement for a car to be of satisfactory quality or fit for purpose.

But contractual rules about misrepresentation do apply. So, legally, the seller must:

• accurately describe the second-hand car. For example, an ad must not say 'one owner' when the car has had several
• not misrepresent the second-hand car, ie tell you something about it which isn't true. For example, if it’s been in an accident, the owner mustn't tell you it hasn't.

Car faults and history

If you're buying from a private seller, the onus is on you as the buyer to ask all the right questions before making the purchase.

The seller doesn't have to volunteer extra information so, if you don't ask questions, you may not have the full picture of the car's history or be aware of any potential faults.


The above is from which consumer rights website
https://www.which.co.uk/consumer-rig...-are-my-rights

[BogCat18]

Jinxer looks like the esential repairs were done, but advosies werent i think, dont think the advisories have to be at that time; play between lower steering column joint & rack - inner edge worn tyre - slight knock from n/s/f shock absorbers? i have no idea on the technichal stuff

[des8]

The RTA 1988 Sec 75 makes it a criminal offence to sell a car in an unroadworthy condition.
Unroadworthy means:
"it is in such a condition that the use of it on a road in that condition would be unlawful by virtue of any provision made by regulations under section 41 of this Act as respects—
(i)brakes, steering gear or tyres, or
(ii)the construction, weight or equipment of vehicles,."

You haven't actually said what was wrong with the vehicle, and even if it was unroadworthy it is a criminal, not civil, offence to sell it.

As already said, the purchaser in this case has very few rights.
The vehicle was seen and taken for a test drive.
It was looked at (ie inspected if only cursorily), and there was therefor an opportunity to have it thoroughly checked.
It was the buyers choice, and it was the buyers risk.

I know it seems unfair, but it is always the buyers responsibility to check the merchandise in private sales.
If the vehicle had been purchased prior to seeing it, reliance would have been solely on the description from the seller.
If the vehicle didn't match the description then in that case there would be a case for a claim based on misrepresentation

IMO to echo Jinxer this is one to put down to experience

[BogCat18]

I dont understand the mileage history; 2015 @73,042, 2016 @ 76,754, 2017 @154,509 at time of MOT 2018 @ 86,368 so is it meaning they have done all those miles in each year?

[BogCat18]

des8 I only have the AA repoirt at the time, the garrage wont oipen till tomorow for there full one? but they did say they were willing to speak to seller as in the garrage view it shouldnt have been sold?
AA -

We have recovered your vehicle.Patrol found the following fault code/s:System : Engine control - 34R / Motronic ME 7.6P0115 - . Error Message : Coolant temperature sensor.P0300 - Random/multiple cylinders. Error Message : Misfire detected.P0303 - Cylinder 3. Error Message : Misfire detected.P0304 - Cylinder 4. Error Message : Misfire detected.

Unfortunately we were unable to fix your vehicle today and have moved it to: XXXXXXXX the garrage where it is now

[BogCat18]

it looks like nephew and sister in law are down the pan then with lost money and dud car? it cant be right you pay £500 for a car lasting 10 days on the asumption or led to belive it would last longer by the seller> Id understand if seller had sais not much good or not reliable may last a month or 6 months, then you wouldnt have baught it?

[des8]

I dont understand the mileage history; 2015 @73,042, 2016 @ 76,754, 2017 @154,509 at time of MOT 2018 @ 86,368 so is it meaning they have done all those miles in each year?

the MOT records the total mileage shown on the odometer, not the mileage covered each year.
The 2017 figure would most likely be incorrect (probably a misreading or mis-input by the testing station)

[BogCat18]

Ok my time is running out have to leave at 1am, so if the garrage report and garrage say that all these things wrong should have been known or car not sold, isnt that a point of argument

[BogCat18]

des8 sorry, no i cant say what is wrong with vehichle fully, have to wait for garrage report tomorow? posted what AA said, but the garrage did say that what they found on sat morning was work needing about £1000+