The extra rights you have to get your money back if you buy a second-hand car online and it turns out to be faulty
Dodgy second-hand car dealers have moved online – but the good news is that might actually give you more rights than you had before
Forget your dodgy car dealer in a camel coat and pork pie hat. These days, you have to watch out for bangers online.
A reader called Peter wrote to me about his new motor, which came with a nasty surprise.
Peter wanted to buy a used car so he went online to hunt down a bargain. After trawling through countless listings on eBay, he found one he wanted – a red Kia Ceed Diesel Hatchback with 28,821 miles on the clock.
He swiftly secured the deal, made payment of £7,200 and arranged collection.
The next day, he picked up the second-hand motor, as arranged, and drove off feeling good about his buy. But his joy soon faded. The Kia broke down that week and after being towed to a garage, he discovered it was riddled with issues.
He immediately contacted the seller, who told him his ad said nothing about the quality of the vehicle and it was down to Peter to get a full inspection if he wanted assurances.
Something else going on too
Peter then noticed something odd. The tyres were not the same as those shown on eBay and the mileage was different – Peter’s had 139 miles less on the clock.
There were other subtle differences too. Once again, he contacted the seller to ask what was going on.
His initial response was: “You can’t trust a picture – it can be misleading.” But when pushed, he admitted the ad was “generic” so the photo of the Kia was “indicative” of what he could get.
So when Peter said he wanted to buy it, a similar car was sourced and sold to him.
When you really should get your money back
At this point, Peter, from Lincoln, contacted me. I helped him prepare a letter to the seller stating that under Section 11 of the Consumer Rights Act 2015, the car should match the description, precisely, as shown on the eBay ad.
Further, under Section 14, the motor should match the picture. As both provisions of the act had been breached, Peter was entitled to a refund.
The seller has not responded so Peter has issued legal proceedings in the small claims court. I have no doubt he will win his case. I just hope the seller does not disappear before then
News Source: Dean Dunham
