dodgy car - what to do?

[TW]Fox · 20 Nov 2010 at 19:36

I made the point you were replying to before we knew it wasn't a private sale (And frankly given its one of those dodgy roadside guys he will do everything he can to pretend it was).

In a private sale, there is no case for misrepresentation unless it can be proved the seller misrepresented the car. The car was viewed before the money was handed over. He could see the car and knew what he was getting (With the exception of the mileage discrepency which as I've explained, you can't prove the seller did).

In an ideal world you'd be able to get this guy to court, get the money back, and him get into a lot of trouble. Sadly the car world sucks and this just won't happen.

We all know he clocked it, we all know the guy is a complete **** but really, what can you do? It's a cheap car bought for cheap car money and was seen to be quite clearly in cheap car condition before the car was bought.

Move on with life, make a mental note not to buy a car thats obviously shabby again.

It was quite obviously not a low mileage car, it wasn't as if he's just paid £10k for a 40k mile Audi which turned out to have 200k yet had the condition of a 40k miler. He bought a few hundred quid car with a super shiney steering wheel, worn seats, etc etc. At that price, condition is far more important than mileage and you buy cars on condition and don't even consider the mileage, really.

Will Gill · 20 Nov 2010 at 20:09

OP,

really?

sorry for your loss, but build a bridge and get over it because you have zero chance of any refund.

150k mileage variance and the signs weren't obvious? come on

MarkDavis · 20 Nov 2010 at 21:39

[TW]Fox;17832690 said:
In a private sale, there is no case for misrepresentation unless it can be proved the seller misrepresented the car. The car was viewed before the money was handed over. He could see the car and knew what he was getting (With the exception of the mileage discrepency which as I've explained, you can't prove the seller did).

How many car adverts have you seen that don't make any mention of mileage? There's your representation. How many cars have you bought, where you've never asked about the milelage? The law of misrepresenation applies equally to private as well as business sellers.

[TW]Fox;17832690 said:
Move on with life, make a mental note not to buy a car thats obviously shabby again.

What do you mean 'move on with life'? If it was £20, I'd let it slide. But no way would I let his slide if I'd be ripped off by several hundred / thousands of pounds. Someone's going to pay. These toerags count on you giving up.

That said, I don't think I'd find myself in the position of buying a car that looked like it had been to Afghanistan and back, and believing it had 50k on the clock.

DM · 20 Nov 2010 at 21:44

Mark, how is he going to prove the seller clocked the car?

[TW]Fox · 20 Nov 2010 at 23:29

MarkDavis said:
How many car adverts have you seen that don't make any mention of mileage? There's your representation.

It's not that simple. As a private seller (Again, we now know it's a trade seller but the point you replied to was made before we knew that) if he genuinelly didn't realise the mileage was inaccurate (or, more accurately, you can't prove he did) then you won't get anywhere with misrepresentation.

If you could prove he knew, it's a completely different kettle of fish. But in reality you would find that almost impossible.