Been burned by an Ebayer motor trader.... any comebacks?

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Right, I've spoken to him and basically he has said he didn't know about the HG issue and the car was advertised as having faults and was cheap...

So I said well what are you going to do about it, and he said well 'I only passed it on to you from the customer who PXd it...' , you need to speak to him, hes got a shop just down the road. Now I know in the eyes of the law, this is probably not going to work for him, but that was his line...

So I rang citizens advice who then said I 'do have rights in this situation, but as the car is 1999 YOM any faults that could be due to 'wear and tear' are not covered by the laws. So basically I would have to go the court route. I said a head gasket wasn't an expected wear and tear item... and the guy said that due to the age of the car there was no cut and dry solution to the issue. Especially as it had been advertised with a fault.

and as I'm already getting dirty looks from neighbours for having a van and two or 3 cars parked outside, I cant justify leaving it at the side of the road for maybe months going this route..

So,....after some thinking...I have decided as I like the car apart from this issue that I'm going to take it on the chin and repair it (and a lesson learned...) To that end I have got all the bits, new oil and coolant etc for under £140 and I have started stripping it down to get the head off. Unfortunately the weather is not playing ball (Im doing it on the roadside as my garage already has a project car in it lol) and the wind is so strong here the bonnet will probably get torn off at present!
As such I will update the tech thread I have running (and this one) about the conclusion to this affair. When the weather improves Im going to get the head off but need to get the engine crane out as got no helpers and have got to take it off with exhaust manifold and turbo on, (detached at downpipe) because one of the turbo bolts is not going to come off without a big fight..

On first impressions the engine is in very good nick. no evident wear to the cam or rocker lobes and no contamination of the engine oil (right amount when I drained it out, no diesel) and no visible oil in the coolant.
So Im hopeful steel dowels and new head gasket etc will see me purring again..
I will also have learned a fair bit about the TD5 engine which should help me in future.

make sure you get it pressure tested and skimmed.

If the head is cracked a new cylinder head is around £1000-£1300.:(
 
fair play to you anderow, tbh, £140 is a lot of money, plus your time, but if you like the vehicle and it can be "easily" repaired, then I'm with you.

You could have a protracted long drawn out with the dealer and still ended up with nothing.

Maybe worth seeing if he'll cover the cost of the parts ?

good luck with it though.

Thanks Optimus Prime.
Yes, £140 is a bit annoying but i was expecting to have to spend a few hundred sorting the 3 amigos, so I am just hoping I can get that done for cheaper than expected..!
I am hopeful that the head is not cracked, as it seems to be the fuel gallery that cracks rather than the coolant passages according to a mate who is a land rover mechanic. But we shall see... just need the weather to stop being so dire!
 
make sure you get it pressure tested and skimmed.

If the head is cracked a new cylinder head is around £1000-£1300.:(

Indeed... I will cross that bridge if I have to.....!!!
But I'm looking on the bright side. If I had to I would get a used cylinder head off a reputable breaker with a guarantee. I've spoken to someone who can supply one for £400-£500 so thats my reserve option.
 
So you could without predudice send a notice of intended litigation and give 7 days to reply indicating faults and if not resolved you will then issue legal proceedings.

Send recorded delivery
 
The whole 'sold as seen' thing is a crock regardless if it applies to this advert (ie if theseller has used the phrase).
As well as the stirling advice/legal pointers you have been given, in the advert it states " drives great"
The car is also being 'sold by description' (google legal side of it)


It doesn't drive great by the sounds of it as one could say that despite having lights on dash, a non ####ed HG is an integral part of driving great.
Small claims is very cheap and very easy.
 
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Maybe the dealer doesn't fancy forking out for an expensive repair, but he might be willing to give you your money back if you returned the car.
 
I am listening guys, carefully. And don't have the time or the inclination to go the court route after much consideration.

So seven days and a cost of postage you can't wait.
Often a recorded notice of intended litigation is enough to gee people up.

it's straight forward with a little help
 
So seven days and a cost of postage you can't wait.
Often a recorded notice of intended litigation is enough to gee people up.

it's straight forward with a little help

Will send him a recorded notice , see if he will cough up for parts at least. Seeing as how the weather has been so poor I haven't been able to finish the job yet (outside) :mad:
 
Will send him a recorded notice , see if he will cough up for parts at least. Seeing as how the weather has been so poor I haven't been able to finish the job yet (outside) :mad:

Satisfactory quality and fit for purpose
Misrepresented advert did not accurately reflect vehicle condition and major faults.
Having received legal advice you wish to resolve the situation amicably, if you are unable to resolve it to both parties satisfaction- you will instruct your legal advisor to issue legal proceedings.
 
Having had more than a few and a chauffeur tomorrow you can look at my site in signature and crock of **** thread for statutes
 
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