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my son bought a car through gumtree from a trade ad, the car is now unroadworthy

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  • my son bought a car through gumtree from a trade ad, the car is now unroadworthy

    My son bought a VW Golf after finding it on Gumtree, and going to see it, I also viewed the car with him, it seemed ok, and he paid £1000 for it. After 2 days whilst going down the dual carriageway the engine stopped, this was due to the cambelt stripping the teeth and the valve falling out of the head and therefore damaging the piston head and bore rendering the engine beyond economical repair.
    My son contacted our local trading standard offce and they said that as the car was advertised under trade, even though on the receipt it said no warranty, they had to by law supply a 3 month warranty. So my son phoned the person who sold him the only to be told that the number he rang was not his number, but it was the number my son phoned when he was interested in the car. My son got a friend to also phone the mobile number, and they where also told that there where various numbers for all concerned. We dont know where his actual home address is, so have had to use the address he picked the car up from which is his work address we have used this for all correspondance, including the court letters, to which he has not responded to any of them.
    The only communication from the seller was to say that he had rung trading standards, and they had said that it's ok to sell a car as Trade and not Private on Gumtree. After my son ringing trading stardards they said that they wouldn't say that, as it's not correct. The last lot of correspondance got returned to my son, as he had sent it special delivery, and it had not been collected from the post office. My son has contacted the court to ask if they could find out the sellers home address, to which they said no it is down to him to find it out. We know that he is engaged and we have found out his fiances address, but there is no record of where the seller lives.
    The car is at the moment being kept at a friend's garage which it runs for a living, but obviously it can't stay there forever.
    I feel that my son has been a victim in a scam of some sort, as he now has a car, which shouldve been repaired under a 3 month warranty which a trader has to give by law, but this seller is not honouring it, as he said it was a private sale under a trade advert.
    i do hope that you can help us, and stop others being scammed by this person, as at the moment my son is £1000 out of pocket.
    I have all paperwork to support all that I have said in this post :-(
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  • #2
    Re: my son bought a car through gumtree from a trade ad, the car is now unroadworthy

    Don't worry [MENTION=69823]glamgran[/MENTION] ... you'll get lots of advice (although it might be a bit slow on here over the weekend ) xx
    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

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    • #3
      Re: my son bought a car through gumtree from a trade ad, the car is now unroadworthy

      The car, if it is sold by a trader, is covered by the Sale of Goods Act 1979 (as amended) which is your best protection of all the consumer protection laws.

      Under the SOGA the car must be fit for purpose, of satisfactory quality and free from defects etc, seems to me the car was not fit for purpose at all. Therefore you can reject the goods and demand a refund.

      If the trader refuses then you will need to take him to the small claims court
      I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

      If you need to contact me please email me on Pt@roachpittis.co.uk .

      I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

      You can also follow my blog on consumer credit here.

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      • #4
        Re: my son bought a car through gumtree from a trade ad, the car is now unroadworthy

        So you will need to find an address for this person.
        It might be worth trying a tracing agency.
        Google brings up several which seem reasonably priced, and you may find one near you.

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