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EBay car dealer refusing to refund faulty car

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  • EBay car dealer refusing to refund faulty car

    Hi all, new here and in need of some advice please if I may! I purchased a car through eBay from a registered seller/ dealer. They only sell cars and vans. Did the gov. Mot history check and all looked good and the advert for the car states in the title it is ‘faultless’ and drives perfect. Arranged through online platform collection and delivery of the car to me from Coventry down to Exeter (driven) and received it last weds 16th nov. When the collection driver handed it over she told me it’s not running well and revving all over the place, she thought it was in need of a service. Very disappointed I got in and attempted the drive home. How I got there I have no idea as I noticed straight away the clutch is completely worn out, it smells of burning, and the engine is making awful noises. I checked the dipstick and there is barely any oil showing.
    needles to say I’m extremely disappointed with the purchase and at first I thought the worst and I’m stuck with it, 2.5k down the drain right before christmas.
    my mum works for a motor factor and her work colleagues quickly sent me some details about consumer rights and the right to change your mind within 14 days.
    I have since contacted the seller telling him all that’s wrong with the car, he offered to pay a max of £400 towards a new clutch.
    before I knew I was within my rights to ask for refund I thought I would have to accept this and found out the clutch parts alone came to £804.
    This is completely unacceptable to me as I didn’t purchase the car under the impression it was a spares or repair.
    the seller is refusing to take the car back and says we had a deal for him to pay towards the repair. I’m 6 months pregnant and incredibly stressed with this situation. I’m under the impression that he has to take it back and refund me,but he’s not complying.
    I have filled out a form to citizens advice to report him to trading standards, but I’m not sure what my next step is to getting the money back. A family member has suggested using M COL. would this be correct? I’m already so out of pocket at this time of year it’s a struggle and a quick look on the gov website seems to think I’d have to pay a court fee of over £200 to apply for this.

    I have every message between myself and the seller and the advert for the car screen shotted.

    any advice on the next step would be greatly appreciated. Thank you.
    Tags: None

  • #2
    Yes, you will have to pay court fees to make a claim using the court system.

    The exact words of your reply to the offer to pay up to £400 may be significant. You appear to have a good claim: but have you agreed a binding settlement?
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

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