Used car from a Private seller misrepresented

[GaryRG73]

Hi I purchased a car for £5600 in October from a Private seller. I have messages from him saying the car has ZERO issues - had never been a category S or N. The car looked fine and drove well. I noticed a leak under the engine a week after buying and a local mechanic said we needed a new coolant pipe as it had a small hole it it - around £70 - but OK to drive as long as I keep the coolant topped up. I could live with that as I had already contacted the seller once as the spare key did not work - he did reply but just pleaded ignorance. I booked the car in for a repair and it went in on 7 December. I have just been advised by the garage that the car has been in head on crash before and the head gasket needs replacing (£1,000). The Aircon unit is not attached to the housing and cannot be as a different type of Fiesta front has been welded to the car. The windscreen is the wrong one and does not heat up. The bonnet and lights do not fit correctly. So basically this car is a total botch and will cost around £2,000 just to make it safe to drive, and even then it will not be right as different parts from other Fiesta's have been used. Like I said - this was purchased in good faith with my 17 year old daughter present (it is her car) yet it has been sold under false pretences. Any advice please as we are feeling a bit sick.

[Pezza54]

Hi
Is the log book marked Category S? If not you should contact the DVLA to find out the car has been classified N category (a new V5C is not required for a Category N write-off)
Did you ask the seller if the car had ever been involved in an accident?
Has the car got a current MOT certificate?

[Pezza54]

Did the garage tell you that the repair work had made the car unsafe to drive?
The repair work could be recent after the latest MOT test.
A private seller is in breach of Section 75 of the Road Traffic Act 1988 if he or she sells (or advertises for sale) an unroadworthy (unsafe to drive) car.

[GaryRG73]

Hi
Is the log book marked Category S? If not you should contact the DVLA to find out the car has been classified N category (a new V5C is not required for a Category N write-off)
Did you ask the seller if the car had ever been involved in an accident?
Has the car got a current MOT certificate?

Hi - thank you for replying - I have messages with the seller on Messenger I did ask this and he replied I quote "It is not a Cat S of a Cat N - just to clarify". The car does have an MOT and the garage said with the faults it would not fail and MOT necessarily - it has just been in a bad accident and loads of structural issues due to that and different Fiesta parts used- the messages from the seller also state and I quote again the car had having “zero issues”, “no faults” and being in “tip-top shape”. However, it has been discovered on 7 December 2023 by a reputable garage, Shepherd Motors in Chelmsford, that the vehicle has a number of serious and long-standing issues present prior to my purchase, which include (this is not an exhaustive list):

· It has prior to purchase been involved in a serious head-on collision.

· The head gasket needs replacing at a cost of c £1,000.

· An incorrect windscreen during repair has been fitted and the heating element is not attached or working.

· The Air Conditioning unit will not connect or function as the wrong parts have been fitted to the vehicle during repair.

· The bonnet and front lights are out of line and do not fit properly following repair.

· The main side pillars aside the wing mirrors are bent.

· The engine is leaking engine coolant.

BTW he has read but has not replied to my messages on the same Messenger thread and we just left him a voice note saying we will be taking him to a small claims court if he does not engage with us due to Misrepresentation.

[GaryRG73]

Did the garage tell you that the repair work had made the car unsafe to drive?
The repair work could be recent after the latest MOT test.
A private seller is in breach of Section 75 of the Road Traffic Act 1988 if he or she sells (or advertises for sale) an unroadworthy (unsafe to drive) car.

Hi thank you for your reply: The car does have an MOT and the garage said with the faults it would not fail and MOT necessarily - it has just been in a bad accident and loads of structural issues due to that and different Fiesta parts used - but the messages from the seller stated and I quote the car had having zero issues, no faults and being in tip-top shape. We bought it in good faith. We have all of these messages so it was misrepresented and the car was for my 18 year old daughter for her first car!. He is not replying to my messages on the same Messenger thread.

[Pezza54]

"loads of structural issues" "main side pillars are bent" "front lights out of line" all issues caused by the defective repair work.
Did you check the V5C for category S or contact DVLC to find out whether it is category N?
You could take the car for a MOT (you don't have to wait 12 months) to find out whether the car is roadworthy and if it isn't the reason why it is unsafe to drive.
You have emails from the seller stating that the car has no issues or faults so it sounds as if the seller misrepresented the sale.

[Pezza54]

If you do decide to make a court claim, photos of the structural issues etc will strengthen your case

[des8]

Are you sure the seller was a private individual and not connected to the motor trade?

Do your research, as often dodgy dealers will try selling on problem vehicles under the guise of private non trade deals.
How long had he owned the car and was it registered to him?
Check social media e.g. facebook and do an internet search
Try and find him on autotrader

[des8]

As a private sale you have few rights, hence the advice to do some research.
If the seller has a history of multiple sales he may be classed as a trader, even if selling as a side line from home.
Or he could be a trader trying to pull a fast one!

If private sale, you said the seller stated it had not been categorised S or N.
This could be perfectly true even if the car had been damaged in a head on crash, as if the owner had not claimed on his insurers they would not have categorised it.
It could then have been repaired

If you are intent on making a claim against the seller using the Misrepresentation Act 1967 you will need to concentrate on his statement that "the car has ZERO issues etc etc "when it obviously has some issues.

But you need to do your research before initiating a court claim, mainly ascertaining he has the assets to pay any judgment award

[GaryRG73]

Thanks all we have a development - my wife called the garage where he had the work done before he sold it to us - he gave us a receipt - full service / new wishbone part etc - they said they remember the car and mentioning it had been in a bad crash - after he took it away he called them again as had broken down with an oil leak - we bought it with that oil leak which led to us discovering the busted head gasket and all the issues - so now we know 100% he sold it to us faulty - should I try to get a written statement from the garage ? they gave us the phone number of his partner also so we now have his partners details - not sure if she knows what he has done but they have a child she she might be shocked to hear it and give us our money back.

[GaryRG73]

He messaged me yesterday and flat out denied knowing anything about any issues and said sold as seen. Now his story has unravelled and we know he is lying.

[PallasAthena]

they gave us the phone number of his partner also so we now have his partners details - not sure if she knows what he has done but they have a child she she might be shocked to hear it and give us our money back.

Be careful. The garage has probably acted illegally (under Data Protection law) in giving you his partner's information if she wasn't a party to the sales agreement when you bought the car. If you contact her and attempt to get her to pay you money she might report you to the police and you could find yourself in some difficulty.

[des8]

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