Bought a car and it’s a Lemon,small claims court an option?

[4x4]

Not sure if I'm missing something here but have you paid in full for the car as the advert is showing the car is still for sale?

According to the vendor's profile he is a private trader therefore he's going to try and wriggle out of any warranty work. You should collect as much evidence as you can NOW to prove he is not a private trader, it could be useful in the future should you have to take further action.

[Eight50]

Yes I know it’s still listed but he got paid into a buisiness account over a week ago.
He’s clearly not a private trader.
I doubt ebay will help but I’ve contacted them now.
Next Vosa as I suspect dodgy mot.

[Pidgeonpost]

That's quite a list of faults. Many of those advisories were flagged on previous MOT tests. Did you have a look at the MOT history online? It sounds like the car has at best had patchy service history. I'd agree that eBay is a good place to start. Good luck.

Still has 7 cars listed for sale, including yours. Doesn't sound like a private seller to me.

[Eight50]

Yes I looked at mot history online,mainly concerned about last 2/3 years.
The advisories I was happy to sort myself not an issue there.
It’s the other stuff I didn’t expect to take on board.

[Tannaton]

Just a couple of points......... I'm afraid they're not what you want to hear but it is what it is....

The E-bay listing is a Classified Ad, not an auction or buy it now, so you have no protection from e-bay as the contract is with you and the seller. So I don't think they will support if you contact them.

https://www.ebay.co.uk/help/selling/...ed-ads?id=4167

Whilst he may be a motor trader, the listing is that of a private seller, so your first issue is proving he is trading on e-bay. Given he does have another 7 cars for sale would help that case, but the listing clearly states:

Registered as a private seller
Thereby, consumer rights stemming from EU consumer protection law do not apply.

So your first challenge might be proving he is a business that the sale of this car was a business transaction. Was he the previous registered keeper??

Secondly, some might take the view that it looks like you have a car that has some issues commensurate with age and mileage, i.e. a car that's done 175k. The front seal is not a big deal, the swirl flap arm is £8, unless it's dropping oil on the drive i'd ignore the leaks. It would be a good idea to get the cambelt done anyway if it has been contaminated and the front seal probably adds 15 mins to that job.

It's a fabulous looking thing. As said I realise the above is not what you want to read but I think it is pragmatically where you are. If it drives well I'd sort it and keep it, even with those faults it is still very much economically viable.

[volvosam]

He is 100% a car trader over many years; sells lots of very clean looking Mercedes as well as BMW and others. Generally seems to sell for quite high prices as the cars are sold as in good order and very well prepared - at leasr cosmetically. The same seller has other ebay accounts so he is running quite a significant business; obviously ebay does not care.

[volvosam]

Just looked at the ad again; it is a very clean tidy looking car and looks good value at the price; it does not look like a lemon. Any used car that's done 175k is going to have faults; if the oil leak is not actually dripping then it has probably been like that for the last 50k miles - just get the absolute necessary fixed and enjoy driving a smart cheap car - it's a not a bad option.
And lesson learned; inspect the car before buying it not after.

[Eight50]

Thank you all for the good advice.
I’ll update this post when I get news.
Lesson learnt yes,but I’ll lot be the only party that learns a lesson.

[Pidgeonpost]

Originally Posted by Eight50

Thank you all for the good advice.
I’ll update this post when I get news.
Lesson learnt yes,but I’ll lot be the only party that learns a lesson.

I too looked at the ad, and if I'd been in the market for a V70 in that price range I'd have been tempted to have a look, as it certainly LOOKS a smart car. Yes, I'd have been wary of some of the advisories, but at that age/mileage some wear and tear is inevitable. You may find it less stressful - and maybe ultimately cheaper - to fix the issues over time than to engage in a legal wrangle. The seller is certainly sailing close to the wind in claiming to be a private seller.

[ITSv40]

I don't see what the previous mot advisories have to do with the current situation. Yes, historical advisories are useful in determining how a vehicle has been cared for over time. However. the car in question has two clean tests since the advisories were noted.

Now the seller is quite obviously a dealer and the chances of him having a tame tester who will issue a clean test is probably quite high. However, the chances of the seller being involved in the previous test are quite low - I doubt he had the car in his possession when the previous test was done, so the conclusion is that the previous advisories were attended to and a bona fide test was carried out.

As others have said it is a tidy looking car and 18 years old, The ad says it is clean and drives well. Oli leaks do not affect the driving experience and the cambelt is normal maintenance which would have been known about before purchase. Caveat emptor.