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Small claims chances??

The Misses bought a car off ebay

 

http://cgi.ebay.co.uk/ws/eBayISAPI.dll?ViewItem&item=320221481615&_trksid=p3907.m32&_trkparms=tab%3DWatching

 

She went and picked it up and on arrival was told it’s a write off, there is no V5, it pulls to the right and has rust and other defects.

 

She still buys it as she feels she is under contract through ebay to buy it even though it’s not as described.

 

After getting it home and telling me about it I look over it and also find out the service history given was not for that car either.

 

How do you think we will do in a small claims court to get the money back as it is completely misrepresented in the advert? And it was the advert it was bought from not what was told when arrived?

Featured Replies

If You Were Told It Was A Right Off, The Contract Initially Agreed To Was Voided From That Moment (if this was not stated initially), By Accepting The Car In Its State, Having Been Told Of Its Position, I Should Say A New Contract Was Formed And On Acceptance Would Therefore Be Binding.

 

 

If It Was A Private Sale I Would Say There Would Be Little Point Pursuing It But I Might Be Wrong

i would be on the phone to the seller ASAP. first off, it doesnt mention or imply in any way that it has been a write off, but, they didnt have to tell you anyway. its down to the seller to find that information out for themselves. secondly, it clearly states that it comes with service history, but obviously hasnt, but could be a mistake on their part. as far as pulling to one side, that could just be the tyre pressure in the fronts. now the worse thing is the missing V5, i would call the police on this matter before ringing the seller. find out if the car is wanted in connection with anything.

 

best thing you can do is ring them, tell them what you think. see what they say.

  • Author
i would be on the phone to the seller ASAP. first off, it doesnt mention or imply in any way that it has been a write off, but, they didnt have to tell you anyway. its down to the seller to find that information out for themselves. secondly, it clearly states that it comes with service history, but obviously hasnt, but could be a mistake on their part. as far as pulling to one side, that could just be the tyre pressure in the fronts. now the worse thing is the missing V5, i would call the police on this matter before ringing the seller. find out if the car is wanted in connection with anything.

 

best thing you can do is ring them, tell them what you think. see what they say.

 

Already spoke to the seller and he just said though shit.

 

No V5 cos its a write off. Has had a VIC cheack done and V5 needs applying for.

 

It not tyre pressure is damage, had a smack in the front (New bumper and wing)

Already spoke to the seller and he just said though shit.

 

No V5 cos its a write off. Has had a VIC cheack done and V5 needs applying for.

 

It not tyre pressure is damage, had a smack in the front (New bumper and wing)

 

 

umm, right. now that throws a whole different light on it. phone the police and find out where you stand, then report it to ebay. it clearly states V5 present with no mention of having any previous damage. if it was my wife he did that to, he would be paying very dearly for it one way or another with that attitude.

  • Author
if it was my wife he did that to, he would be paying very dearly for it one way or another with that attitude.

 

Well I'm not gonna let him get away with taking advantage of her, he sure as hell wouldnt have done if I'd been there.

 

Will try the legal route and if that doesn't work....... :x:

Will try the legal route and if that doesn't work....... :x:

 

 

now thats more like it ;) :D . dont get mad, get even, or above.

Well I'm not gonna let him get away with taking advantage of her, he sure as hell wouldnt have done if I'd been there.

 

Will try the legal route and if that doesn't work....... :x:

 

Good luck bud ... If I can help in any way just let me know ...

You cannot sell a car without disclosing its history either private or otherwise. Its on the .gov website somewhere, it was on one of the car programs, the one with the bald guy who does up busted cars.

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