Private car sale gone wrong

[robkeleuk]

Hi All,

My friend's son has gotten into trouble with a private car sale even though he was advised by his parents not to buy the car.

The car purchase took on 4th May. The advert said the car was fully serviced just 4 months ago and MOT history shows car passed MOT on 23 April. Parents had serious questions about the car and took the car to independent garage for a detailed overview. The results came back shocking as amount of major and minor faults clearly indicate the car is not roadworthy and should not be on the road. The garage says there is no way the car would have passed MOT unless they were paid some money to close their eyes.

Friend's son has tried speaking to the seller but was told that it was sold as seen and to leave seller alone. The son sent a message to the seller yesterday pointing out issues with the sale stating that if no car return will take place then matter will be taken to court. The seller replied with a long message stating there innocence and willingness to fully defned this even if it goes to court.

We do understand that private car sales are can be dangerous but I don't think son expected such a fraudulent sale where the car is not roadworthy but was presented as a good car. The sale advert is cleverly written and the only way maybe to get this is to push on the full service / MOT issue where it is clear that car is not roadworthy and seller would have known this?

We know that normally private car sale is as good as seen but there are completely different matters when the car is not roadworthy and all minor/major faults would have been there when the car was purchased. Also MOT historic mileage looks raises some questions.

Any additional ideas please? I attach the pictures of two adverts (later one was slightly adjusted to remove the paintwork required bit), MOT history, independent car garage fault list, communication with the seller and their response.

https://imgur.com/a/c326HHi

[echat11]

Could it be that this seller is actually a 'dealer'?

Have you tracked down to see if they have other cars for sale?

[robkeleuk]

I have been trying to find out more as it does look smelly....so far could not find anything but will try to find out more

P.S. the response that was given back to my friends son sort of indicates that this is not the first time they would be dealing with something similar. Especially the way advert was written, etc

[robkeleuk]

Could it be that this seller is actually a 'dealer'?

Have you tracked down to see if they have other cars for sale?

Ok, so far I have managed to find that he had some cars and some car parts for sale on Facebook market over last few years . I personally think he buys cars on auction in his spare time and tries to re-sell them as a private trader. Especially the way some of them were described on his adverts. Also, he has and had few listings of spare car parts such as BMW 6 series F11 F12 steering wheel, BMW M6 rear diffuser carbon fibre, BMW 6 series tail rear lights, Nissan Juke bumper, Mercedes C class bonnet, 4x wheels from BMW X5. BMW M6 diffuser, steering wheel and rear lights are in simple packaging which means they were used and taken off the car rather than sold in an original packaging.

A little bit more about those car adverts.

Mercedes that my friends son purchased was listed 22 days ago and original advert was listed 4 months ago.

Listed 2 months ago- 2018 Peugeot expert van which he claims had it for over a year now as an electrician but is selling it as purchased a new one.

Listed 3 months ago - 2016 Ford C-Max (CAT N) Sold now

Listed 4 months ago - original advert for Mercedes that my friends son purchased.

Listed over a year ago - 2012 Toyota Aygo . Very interesting as he says the following on the advert: ''selling it because this is my first car and I have purchased another one''. Sold

Listed over a year ago - 2020Peugot 308. Mot until March 2025, 1 owner. Sold

Listed over a year ago - 2017 Fiat 500X. The description says: ''You are looking at my Fiat which I am selling as I have purchased a new car. 2 keys and 3 owners inc me''. Probably forgot in above Toyota listing where he said that 2012 Toyota was his first car.

Listed over a year ago - 2011 BMW 640i - sold, CAT C. The advert stated ''Time for me to move on to better things. A lot of passion and money went into building this car.'' Sold
I am not sure if moving from BMW 640 into Fiat 500X could be considered moving onto better things.

Listed 2 years ago - 2012 BMW 320d. Advert states the following: ''It's my personal car. I’ve had it for almost 4 years now. Never had a single mechanical problem as it's been looked after very well.'' Sold

Listed 2 years ago - 2008 Honda Civic, 1 owner. Sold

Listed 2 years ago - 2010 Toyota Avensis, Sold.

Listed 5 years ago - 2011 Ford Fiesta (only added this to the list as claimed Toyota Aygo was his first car)

This is only what I found on Facebook market. Who knows if he used any other website like autotrader or gumtree or ebay....

Here is the link for a quick overview of his listings on Facebook market - https://imgur.com/a/5mUGmTD

Now taking all this into consideration should my friends son contact him with relevant information and request a refund once again, or would it better to report all of this to relevant parties like police, trading standards, dvla (false mot), etc

Any opinion or input would be greatly apprecaited.

[atticus]

You can add HMRC to the list

[echat11]

I would contact Trading Standards through CAB, you can make a police report through Action Fraud.

That should give you sufficient time to contact the seller, explain that although he claims to be a private seller, he's a dealer.

[Pezza54]

As a dealer, the seller should have pointed out to the buyer that the car is category S and explained the ramifications
The car had been in a serious accident and suffered structural damage (which can be repaired by an authorised repairer and put back on the road)
Cat S vehicles normally cost more to insure and are more difficult to sell on

IMO proving the seller is a dealer (buys and sells vehicles for a profit) is critical before starting a court claim

The adverts do seem to be written by a dealer, especially "P/x welcome". How many private sellers use this phrase?

According to the Motor Ombudsman there is no minimum number of cars an individual can sell before they are regarded as a trader.
A person will be regarded as a trader if they buy cars mainly for the purpose of selling them to make a profit, regardless of the number of vehicles sold each year

[Pezza54]

Please read the article "Selling Cars: Your Responsibility As A Trader" at www.choicequote.co.uk

Can the son obtain a written report from an auto engineer that states the car is unroadworthy and dangerous when it was sold?

[Pezza54]

Please also read the guide "Selling used vehicles" at www.businesscompanion.info

Traders' descriptions should now (since 6 April 2025) comply with Part 4, Chapter 1 of the Digital Markets, Competition and Consumers Act 2024 (DMCCA)

A trader can breach DMCCA by a misleading action or a misleading omission

IMO a trader just stating on the advert "Category S" is a misleading omission if the trader fails to explain to the average consumer what this means. The trader should inform the potential buyer that the vehicle was written off by the insurance company because of structural damage and that it has been repaired and put back on the road. Many consumers at this point would decide against buying the vehicle