XS1954
Spanner Monkey
Joined: 22 Nov 2003
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Retro-Man
Traffic Copper
Joined: 21 Aug 2004
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 Posted: 09:25 - 19 Aug 2006  Post subject: |
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Jazoli
Borekit Bruiser
Joined: 12 Mar 2006
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| Posted: 10:22 - 19 Aug 2006 Post subject: |
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I'd be inclined to say you got away pretty lightly, good mechanical condition doesn't mean much re the battery or sunroof, if thats all thats wrong with it and you got it cheap, I personally can't see much of a problem.
The minute you handed cash over you accepted the car as is, caveat emptor (sp?) for the buyer. If I was the seller I wouldn't offer any recompense.
Try your local motor factors for a battery, generally 2/3rds the price of Halfords 
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syl
World Chat Champion
Joined: 05 Dec 2005
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| Posted: 11:51 - 19 Aug 2006 Post subject: |
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| Quote: | Buying secondhand vehicles
This information applies to England, Wales, Scotland and Northern Ireland
The vehicle was bought from a private seller
You have very few legal rights if you have bought the vehicle from a private seller rather than a dealer. The condition under consumer law that the vehicle must be of satisfactory quality does not apply. The only conditions which do apply to private sales are that the vehicle is correctly described, is roadworthy and that the seller has good title (this means that they are the legal owner of the vehicle).
You will only be able to claim against a private seller if:-
the vehicle was not as described, see below; or
there was a breach of a specific term of the contract, see below; or
the seller was a dealer posing as a private seller, see below; or
the seller did not have good title to the vehicle, or
the vehicle was un-roadworthy.
If you can show that the vehicle did not meet its description the seller will be liable under consumer law, even if the seller believed the description to be true. It will strengthen your claim if you have written proof of the false statement, for example, an advertisement. Verbal false statements are harder to prove, unless someone else was present who can act as a witness.
If the seller makes a specific statement which proves to be false, for example, if they said that the vehicle had a new clutch or one owner from new, you will have grounds for complaint. However, if the seller described the vehicle as immaculate it will be more difficult to complain as the vehicle’s age, make and mileage, and the price paid have to be taken into account. If the seller did not make any statements about the vehicle, you will not be able to claim against the seller.
If the seller fails to do something they specifically agreed to, for example, that certain faults would be fixed or that the vehicle would have an MOT, they will have breached the contract.
If you want to take action against the seller, you will need proof that the seller made a false statement about the vehicle and that the vehicle did not comply with its description at the time of sale. If you have delayed for more than a few weeks or have used the vehicle a lot, this may be almost impossible to prove. An independent report may be able to establish the condition of the vehicle at the time it was sold, but can be expensive (see under heading Establishing the condition of the vehicle when it was sold).
You should complain in writing to the seller and ask for a refund of the money paid for the vehicle or for the cost of the necessary repairs. If this does not succeed, you could sue the seller.
If you are considering suing the seller you should consult an experienced adviser, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB. |
Your only complaint is that the battery was knackered and you say you were told that it wasn't.
You could try asking him for the cost of the battery, threaten him with negative feedback - but if that's all that's wrong with it and you got the car cheap, I'd just accept it.
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