Was I cheated?

[Rory]

Robert Mills reviewed on 07/06/2012.
User Rating

They sold me an import for the same price as a UK spec car and never told me. I asked lots of questions but for some reason this piece of important information was never shared. You cannot trust these people and I strongly suggest to stay away from them....

I think dealers are required to tell customers that sort of thing, same as if the car has been a write-off. They're supposed to tell customers about anything which might affect the decision to purchase.

 

[nick mercedes]

This is the original advert:

Mercedes R350 Estate SPORT | eBay

I only just realised it's an R350 petrol.

"£99 ADMIN APPLIES TO ALL VEHICLES"

OP if you paid the admin fee, ask what it covers.

http://www.oft.gov.uk/shared_oft/reports/676408/oft1241.pdf

 

[neilrr]

The OP said in his first post that he bought a car he saw on eBay, hence my post. He only later explains that he did not actually buy it there.

Ebay don't sell cars, they are an advertising platform.

 

[Rory]

Ebay don't sell cars, they are an advertising platform.

Yes, but I think the point that was being made is there's a lot of protection for buyers if they buy through eBay and pay with PayPal, although I don't think it applies to cars sold as classified ads.

 

[neilrr]

There has never been any protection offered to car buyers on ebay, whether it be by classified ad, auction or what have you & regardless of how payment is made.

eBay Money Back Guarantee

​

Not covered
​

• Buyer’s remorse or any reason other than not receiving an item or receiving an item that isn't as described in the listing (see the seller’s returns policy for returns options),
• Duplicate claims through other resolution methods,
• Items sent to another address after original delivery, or
• Vehicles, Real Estate, Business & Websites for Sale, Digital Content, Intangible Goods, Classified Ads, Services, and some Business Equipment categories.

 

[TDE1]

KlausJ, just a thought - part of your conversation with Sascron could involve a subtle pointer to this thread. It's not a sledgehammer blow, but its in the public domain and every little helps..

Interested to see how they handle it.

 

[jaymanek]

If they dont offer a full refund, trading standards... All very straight forward.

That car is a 2006 no doubt. Whether or not DVLA registered it correctly is their problem, the car is still a 2006 no matter when the previous owner got around to registering it with the authorities.

We once built a 1960's camper van that was given a 1993 "L" plate with the DVLA...
it was still a 1960's van not a 1993.

 

[74merc]

I think you may be able to raise a chargeback on some debit cards. Worth investigating if the dealer is not playing ball.

 

[Doodle]

Ah, Sascron. They're a few miles from here, and yes, they have a long and extensive track record.

 

[markjay]

There has never been any protection offered to car buyers on ebay, whether it be by classified ad, auction or what have you & regardless of how payment is made.

eBay Money Back Guarantee

​

Not covered
​

• Buyer’s remorse or any reason other than not receiving an item or receiving an item that isn't as described in the listing (see the seller’s returns policy for returns options),
• Duplicate claims through other resolution methods,
• Items sent to another address after original delivery, or
• Vehicles, Real Estate, Business & Websites for Sale, Digital Content, Intangible Goods, Classified Ads, Services, and some Business Equipment categories.

Not in the UK they don't, but they do in the US. I wonder why they won't offer a similar scheme over here? Perhaps the UK second-hand car market is too risky...

This is the US one:

eBay Motors - Purchase Protection - Overview

Which covers for :
'3. The vehicle make, model or year is different than what was described in the seller's listing at the time you placed your bid or offer. '

 

[Dieselman]

Not in the UK they don't, but they do in the US. I wonder why they won't offer a similar scheme over here? Perhaps the UK second-hand car market is too risky...

This is the US one:

eBay Motors - Purchase Protection - Overview

Did the O/p buy the car in the US?

If not, why is that relevant to this thread?

 

[markjay]

Did the O/p buy the car in the US?

If not, why is that relevant to this thread?

...Because threads don't fit very well into straitjackets.

 

[neilrr]

Not in the UK they don't, but they do in the US. I wonder why they won't offer a similar scheme over here? Perhaps the UK second-hand car market is too risky...

This is the US one:

eBay Motors - Purchase Protection - Overview

Which covers for :
'3. The vehicle make, model or year is different than what was described in the seller's listing at the time you placed your bid or offer. '

Perhaps on a planet far, far away they offer some kind of buyer protection too, doesn't really help UK buyers though.

Look at any US ebay.com car listing & the wealth of info required by ebay in their US listings. Here's one chosen at random, click on Vehicle History Report - Cadillac cts CTS4 | eBay

In the UK half the people selling cars are idiots who cover up the number plate! That's why it's impossible to offer US type protection here.

Gotta say I'm having a bit of a tough time accepting that the OP couldn't tell a nearly 10 y.o. car from one 2 or 3 years old.

 

[markjay]

Don't give me ideas...

Well I do apologise for posting about the US eBay.

Now let's get back on topic, shall we?

So, why where W124s imported from India then?

 

[John Jones Jr]

To be fair to DM the Indian 124s only came back here as cheap imports, not for any W210 hating reasons.

There was a place in Slough knocking them out at £19990, many ended up as taxis.

Back in the day there was even a W210 look body kit for W124 owners to glue on so that they could pretend to have a W210...

Spot on. And there was a place in Greenford too knocking then out back 96 & '97, sold a few from what I recall. Steel wheels, non metallic, keep fit windows, HD suspension and a basic cloth seemed to be then norm.

 

[ckember]

If the car was imported wouldn't you need to tell your insurance company too? As it appears you have found the car is not as described you can, as others have stated, get a full refund under sale of goods act.

 

[markjay]

If the car was imported wouldn't you need to tell your insurance company too? As it appears you have found the car is not as described you can, as others have stated, get a full refund under sale of goods act.

Only if you know about it - the insurer takes on the risk for anything that might be wrong with the car but you had no reasonable way of knowing about.

 

[E55BOF]

Gotta say I'm having a bit of a tough time accepting that the OP couldn't tell a nearly 10 y.o. car from one 2 or 3 years old.

I'm having a MUCH tougher time accepting that the dealer couldn't tell the difference. I hope I'm wrong, but I'd bet that the dealer will not be willing to make any sort of refund unless forced to do so, and will try to fob you off, then if you persist keep his head in the sand and ignore you for as long as possible, hoping you will lose heart and give up.

If I'm right... Let's face it, selling cars is a trade that attracts a lot of .... not overly scrupulous people, shall we say..., and the OP has had his leg lifted. There's no doubt the car is a 2006, but unless the V5 says different, the dealer will no doubt point to the DVLA information -"The DVLA said 2011 manufacture and 2011 registration" - as his defence, claiming an honest mistake, and I can't see Trading Standards being too keen to prosecute in those circumstances. There's no question that the dealer is liable, but I doubt he will be in any hurry to deal with the complaint, and it will all drag on and on and on...

Klaus, I'm inclined to suggest that the best way to proceed might firstly be to let the dealer know what you propose to put on Facebook, and have put in this forum. Keep it strictly and totally factual, to avoid any suggestion of attempted blackmail. If that doesn't produce a result and you have to go to law, the best route would probably be the small claims track of your local County Court for the difference in value between what you paid and what the vehicle would be worth if not misdescribed, and for that you would need an honest independent valuation of your vehicle's full retail selling price. The small claims limit is £10K. Take professional legal advice before you go to law.

Taking full County Court action would be expensive, with no guarantee of complete success, and I think a small claims action would give you the best chance of persuading a judge that the dealer really should have known that the car could not be a 2011 model, and (equally importantly) that you could not reasonably have been expected to know this.

If and when you get a judgement against the dealer, you then have to enforce it. That's another story...

Good luck, and I hope it works out for you.

 

[neilrr]

That's because the dealer DID know. They are clearly scallywags.

 

[markjay]

That's because the dealer DID know. They are clearly scallywags.

I don't think that matters. Any action against the dealer will be based on the fact that the car was not as advertised, whether the dealer made an honest mistake (e.g. bought the car as a 2011 himself) or not (i.e. knew that the car was not a 2011 model).

If it was not as advertised, the dealer should refund it, and the case - regardless of route taken (Trading Standards, small claims, etc) - should be based on the fact that the dealer was made aware to this fact by the OP and yet still refuses to issue a refund. And not on any assumption that the dealer knew or is a scallywag etc.

If the dealer says he did not know, then the position should be 'absolutely, you made an honest mistake, now take it on the chin and fix this as the law says you should, sorry for your loss'.

And it should not be too difficult to obtain a short official letter from MB UK confirming that the car with the said VIN was manufactured in 2006, to remove any doubt and avoid having the discussion going in that direction.