Possibly been screwed over buying a Berlingo - legal advice?

[stuartgrobinson84]

I wont go into specific details but I have purchased a Berlingo second hand from a private seller and it has a major engine problem. This was not revealed at time of purchase and I had specifically asked if there were any known issues. I know for a fact the seller knew about the issues as there is a lot of evidence on forums of them communicating about the problem. I found these whilst looking for a resolution to the problem myself.
Does anyone have any advice, legal or otherwise?

Thanks...

[oilyrag]

Hi, that's pretty bad news, but it's very difficult to make any claim against a private individual and the onus is very much on 'Buyer Beware' and on your inspection of the vehicle prior to purchase. Man sounds a s**t for not telling you when you asked the direct question, but he'd not be the first to do so. The only possibility that you could explore is to see if he is selling other cars, or has sold other cars recently to check that he is a trader. If you find his telephone number cropping up against car sales over a period of time then you have certain consumer rights.
Nothing stops you going back to him and simply asking for your money back - say you've got evidence that he was fully aware of the fault and that he had deliberately defrauded you.
If you are a member of the AA you should also have access to free legal advice. Good luck.
If you get nowhere then contact this Forum to see if anyone can help with the engine issue.

[stuartgrobinson84]

Thanks. I've checked with which and there is still legal protection for a private sale if they have deliberately misled.
"legally the seller must:

accurately describe the second-hand car (for example, an ad must not say 'one owner' when the car has had several)
not misrepresent the second-hand car, that is tell you something about it which isn't true. For example, if it’s been in an accident, the owner must answer truthfully."

Fortunately if i can't solve it the guys on this forum have already given lots of advice to them. This is how i found out they knew about the problem before selling...

I am with the AA. I'll contact them too.

[geoff]

You'd need a copy of the advert to begin with do you have this ?

[stuartgrobinson84]

You'd need a copy of the advert to begin with do you have this ?

I do. Mentions no issues but does say. "Only reason I'm selling is to get something smaller"

[polar]

Sounds like you may have a chance of a claim in the small claims court, you have evidence that the seller knew about the engine problem.

in the first instance to be successful with any claim you must contact the seller verbally, in the first instance, if you get nowhere with this then you must write to the seller stating your evidence and give them a reasonable time to respond. If you do this you will have demonstrated that you have made a reasonable effort to let the seller resolve the matter.

Good luck

[stuartgrobinson84]

Said seller has now deleted their thread on the forum after i questioned it but not before i saved the pages and screenshotted their posts.

[geoff]

Well done that man !!! hope you get some success ......................

[ron]

If it is proved a forum member has knowingly "sold a pup",I believe they have no place here.

[Leefree]

I wont go into specific details but I have purchased a Berlingo second hand from a private seller and it has a major engine problem. This was not revealed at time of purchase and I had specifically asked if there were any known issues. I know for a fact the seller knew about the issues as there is a lot of evidence on forums of them communicating about the problem. I found these whilst looking for a resolution to the problem myself.
Does anyone have any advice, legal or otherwise?

Thanks...

Seek out your local law centre and make an appointment, taking any evidence you have, plus the advert for the berlingo, and write all the dates down IE the day you went and looked at the vehicle, and purchased it.  Dates are very important for establishing the events that have taken place.  Write anything down (bullet points) that you may think is important and may help the law centre in advising you.

Before you do this, approach the buyer (I do always record everything on my phone in my shirt pocket) and ask for your money back, and state you will return said car to his drive. Try to be cordial and keep your cool. Tell him that you have evidence that he knew of the engine problem, and state that out of courtesy you have come to ask for your money back before taking legal advice. My local law centre has been invaluable to me over the years, and I believe that your local law centre is probably your best bet if the guy is unreasonable to your requests.

Good luck, and remember as a buyer you do have rights. I