my rights to a refund

[naty7980]

Hi i bought a car on thursday at 2pm and by 5pm realised the car had some major faults. No later than 7pm i called the guy i got the car from ( a private seller ) to ask if i could return the car and get a refund. He is refusing to refund me my money, does anyone know what my rights are in this situation?

Many thanks

[Ethel]

As a private seller his only obligation is to make sure the goods are 'as described'.

What did he tell you about the car?

[MrsT]

Virtually impossible to get a refund legally or otherwise I'm afraid Naty. Did you sign anything? sold as seen?

[naty7980]

I signed nothing not even log book, we were not given the log book as we were told it was still with the DVLA as he himself had not long had the car. The ad described the car as having a great engine and he told us that he knew of no problems.

[MrsT]

Although the absence of a log book is not in itself partcularly dodgy, you could tell them that you are going to the Police. If the seller is dodgy he will want to avoid that and you'll have some leverage.

I know its too late now but based on this and other questions you seemed to be in a rush to buy something. Buying a car is a long process you cannot rush it or you end up getting tucked. I'm sorry this hasn't worked out, i hope it wasn't too much money.

[naty7980]

Well here is a funy thing, my sister and i bought the car together costing us �250 each and while we did buy the car hastily we did so because a friend told us that he knows the guy who was selling the car and we thought we could trust him as he is a olice officer! lolso much for that theory guess you cant trust anyone!

[Ethel]

Alarm bells should have been ringing when he told you he hadn't had the car very long - he wouldn't know the history and wouldn't not if the engine was good or not.

As a private seller and not an expert in car engines then he can successfully claim to believe he was being truthful.

You have no comeback.

[angeldraws]

Apparently you can have the money back if you return it within 24 hours....but thats a gentleman's agreement between two decent human beings - so your deal is not worth the paper its written on!! If you sign a receipt that says 'sold as seen' - you have no comeback whatsoever.....

[rojash]

If he didn't have a log book, the chances are he is actually a trader. Check local adverts to see if his phone number occurs a few times for various other vehicles.

[naty7980]

The whole thing is ridiculous, any decent human being if contacted in such a short time would offer a refund. He has clearly lied through his teeth and has no marals at all. We would have put children in that car and god knows what else is wrong with it. I will not let this go without a fight and him being a police officer gives me even more leverage, he has a reputation to loose and unless he refunds me soon i will do all i can to see him loose that reputaion. How can such a dishonest person be policing our streets?

[bednobs]

you are very over the top in your thinking, in my opinion. Anyone who buys a car for 500 pounds and expects it even to be working the next week is clearly very naive. I am a decent human being, but if you'd bought something off me then decided you didnt want it, i wouldnt offer you a refund!
What happened in those 3 hours that you didnt notice before?>
did you even test drive it?

[spaced]

i agree with bednobs. I would NEVER buy a car without: -

Test driving it
Seeing a Log book
Seeing some history

Its just basic knowledge. �500 for a car? Cant of been a great car. He probably bought the car, realised that the probelms cost more to fix than the value of the car and decided to get shot of it. I agree that him being a policeman, he should set precedent but he knows the law better than you and you trying to ruin in reputation may not go in your favour.

I know its hard to part with money and �500 is still quite a bit, but of you were gonna use this car ferrry kids about too, you SHOULD HAVE at least driven it or had a mechanic check it out.

[JB]

I sold an old car a few years ago for �400. The man who bought it came back the following day (less than 24 hours) wanting his money back as he thought that the brakes were 'dodgy.' I refused as the car was sold as seen, and I hadn't had a problem with the brakes anyway. He turned quite nasty and threatening, but I refused to take the car back. When he left, I was so shaken that I called the police - just because I was concerned that he knew where I lived, and they noted my call. Anyway (getting to the point!) a few weeks later, the Serious Crime Squad turned up at my house in connection with an armed robbery that had involved the car and had taken place a few hours after I had sold it. So, the moral of this story is (!) if I would have accepted the car back, I wouldn't have notified DVLA of a change of owner, I wouldn't have notified the police of my concerns and I could be doing time for a crime I didn't commit! So no, I don't think that he should have taken the car back - buyer beware!

[spaced]

redhelen, I dont think the cost of the vehicle is the issue, the issue is that it seems she bought this vehicle without really test driving it or even having a good look at it.

Shes been ripped off I agree, but she should have been more wary.

[naty7980]

Actually my husband test drove the vehicle but with none of us knowing much about cars we could really only go on our basic knowledge and his word. At the end of the day through communication with this man his stance on the matter right now is that he has no moral or legal obligation to refund me my money, i think that if only morally he does have an obligation. I am an honest person and all i expect is honesty in return, i did'nt get that from him and i think thats disgustiing especially considering that he works in a position of trust.

[Brooksy]

This problem is as old as the hills! In this case I`m afraid "caveat emptor" applies, Latin for "Let the buyer beware" (he alone is responsible if he is disappointed). At the end of the day I`m afraid Naty will have to put this down to experience & never, ever buy a car without having it probably tested &/or the logbook & MoT cert even if "promised" they will be supplied later. I speak from hard experience! By the way, what are the major faults? Perhaps ABers can help to sort them cheaply?

[naty7980]

Well good news from me, as the man i bought the car of had described the car wrong, i have him over a barrel relating to the trades descriptions act, he has today resolved to return my money. Thanks for all your help! Oh and the major faults was the head gasket went and the engine seized!

[bednobs]

the head gasket can go at any time!

[Brooksy]

Lets all hope he coughs up, but do be more careful & not at all trusting in vendors, no matter how nice/plausible/honest they appear. Remember, take someone who knows a lot about cars to examine & test it. Don`t part with your cash without the Registration Document & (current) MoT cert. Good luck!