zebedy Posted November 25, 2014 Share Posted November 25, 2014 Might be worth the op post up the advert. If the seller said that that it runs like a dream or the car is purfect then that is misrepresentation. But and its a very big but (like my missus lol ) it could have happened on the way home and the seller will just say that. The op has to take some responsibility for buying a car with an engine light on, knowing nothing about these cars. Link to comment Share on other sites More sharing options...
StevoD Posted November 25, 2014 Share Posted November 25, 2014 Might be worth the op post up the advert. If the seller said that that it runs like a dream or the car is purfect then that is misrepresentation. But and its a very big but (like my missus lol ) it could have happened on the way home and the seller will just say that. The op has to take some responsibility for buying a car with an engine light on, knowing nothing about these cars. He alread has and it says it hasnt had a service since early 2013 Link to comment Share on other sites More sharing options...
Ekona Posted November 25, 2014 Share Posted November 25, 2014 Might be worth the op post up the advert. If the seller said that that it runs like a dream or the car is purfect then that is misrepresentation. Unlikely to be misrep, more likely to be classed as puffery as in Carlill vs Carbolic Smoke Ball Co. Link to comment Share on other sites More sharing options...
Grundy Posted November 25, 2014 Share Posted November 25, 2014 *facepalm* No. That could still be interpreted as threatening. For absolute clarity, THE SELLER DID NOTHING WRONG HERE. Well, morally maybe if he knew, but if he didn't know and the OP just got unlucky then that's life. I have massive sympathy for the guy as he's taken it really well, but if you buy the cheapest possible Zed you can with patchy history and don't do as many possible checks as you can, you're very likely to get bitten. This! wasnt there another user who got a Z from a user on here that failed on the way home from purchase? Its just life Bradders - He got royally shafted Link to comment Share on other sites More sharing options...
Ebized Posted November 25, 2014 Share Posted November 25, 2014 Just hope other wannabes read this and take note, afterall that has to be one of the biggest reasons joining the forum to find out the potential pitfalls. Link to comment Share on other sites More sharing options...
comrade Posted November 25, 2014 Share Posted November 25, 2014 Bradders - He got royally shafted Did he actually tell anyone what happened in the end? That topic is locked now. Might be worth the op post up the advert. If the seller said that that it runs like a dream or the car is purfect then that is misrepresentation. Unlikely to be misrep, more likely to be classed as puffery as in Carlill vs Carbolic Smoke Ball Co. There is a scope for an argument that it is a misrepresentation if the seller a) knew that it has major faults the buyer relied on that information and did not check it himself. But here the buyer will need to prove that the car had a major fault at the point of sale and the seller knew that, which is pretty much impossible in 99% of cases. The bottom line here is that if you are buying from a private seller you should only ever rely on yourself. If you want guarantees buy from a dealer. Link to comment Share on other sites More sharing options...
jbrunouk Posted November 25, 2014 Share Posted November 25, 2014 Nels0n.... 41k engine available: http://www.350z-uk.com/topic/87886-53-nissan-350z-gt-breaking-spares-with-20-khans/ Maybe contact 'Shades Rs'.... Decent price for an engine to be honest, plus he is from the forum so 'hopefully' respectable... Link to comment Share on other sites More sharing options...
nels0n Posted November 25, 2014 Author Share Posted November 25, 2014 Nels0n.... 41k engine available: http://www.350z-uk.c...-with-20-khans/ Maybe contact 'Shades Rs'.... Decent price for an engine to be honest, plus he is from the forum so 'hopefully' respectable... Yeah im already in talks with him mate, my problem is not having any money and i cant bring myself to get a card lol... Link to comment Share on other sites More sharing options...
Stutopia Posted November 25, 2014 Share Posted November 25, 2014 Get a card, you need one for Zeditis anyway, plus a well serviced card is a boost to your credit rating - so really, you're just doing it as good financial sense Link to comment Share on other sites More sharing options...
Jud1 Posted November 25, 2014 Share Posted November 25, 2014 ^^^ he's right, one way or another - sooner or later, you'll need credit! and the best way to build a credit score is, having credit and paying back!! I look at it this way, I can save up and then buy, or buy it NOW and pay it back ... the difference? > %interest ... But you can avoid to an extent by getting 2 cards, one with a 0% on all balance transfers /32months! -> 3% to transfer and roberts your mothers brother ... X @ 0% /xxmonths Credit is very good as long as you manage it properly!!! (you would NOT believe how long it took me to learn that!) Link to comment Share on other sites More sharing options...
The Seasider Posted November 25, 2014 Share Posted November 25, 2014 I'd be tempted to appeal to the sellers good nature - which it seems may well not exist - and ask him to make a contribution to the repair. In the face of a refusal I would take him to the small claims court - costs about £30 iirc - if you make your case well and he ignores it - which he probably will - you'll get an award and he'll be knackered for getting credit or a mortgage until he pays you. It'll be a long game, but there's a sweet taste in the knowledge that he will have to come around eventually. I've got a bloke who ripped me off on a car 'trapped' in his house because of the ccj he can't get finance for a new loan to move and he can't sell his house without paying me because I've got an attachment of the debt to his property. Cost me about £200 on top of my losses but I know that it will come back eventually :-) 2 Link to comment Share on other sites More sharing options...
Ekona Posted November 26, 2014 Share Posted November 26, 2014 In the face of a refusal I would take him to the small claims court - costs about £30 iirc - if you make your case well and he ignores it - which he probably will - you'll get an award and he'll be knackered for getting credit or a mortgage until he pays you. And if the seller turns up, it's an open and shut case and the OP loses the court fees. Not a good idea. Link to comment Share on other sites More sharing options...
nels0n Posted November 26, 2014 Author Share Posted November 26, 2014 (edited) In the face of a refusal I would take him to the small claims court - costs about £30 iirc - if you make your case well and he ignores it - which he probably will - you'll get an award and he'll be knackered for getting credit or a mortgage until he pays you. And if the seller turns up, it's an open and shut case and the OP loses the court fees. Not a good idea. I'd rather lose a couple of hundred quid as I have some proof that he said he ran the oil low and oil light and knocking came before and then said "just put more oil in mate the knock goes", surely that's sold not fit for purpose.. Edited November 26, 2014 by nels0n Link to comment Share on other sites More sharing options...
Ekona Posted November 26, 2014 Share Posted November 26, 2014 Nope, that's even more your fault: You knew there was an issue and you still bought the car! Fit for purpose has no place in private sales. Link to comment Share on other sites More sharing options...
WINKJ Posted November 26, 2014 Share Posted November 26, 2014 Do it nice or do it twice. Lesson learned here I think 1 Link to comment Share on other sites More sharing options...
docwra Posted November 26, 2014 Share Posted November 26, 2014 Actually starting to get angry here, some proper crap advice being spewed. OP, man up and accept you cocked up, life is ll a learning curve - you wont buy another car without checking oil and asking questions again, it might save you lot more than £1500 next time. People suggesting beatings, taking people to court and intimidatory meets, youre idiots quite frankly. The onus is on the buyer to check what he is getting is right, the seller probably didnt even know there was a problem - there certainly wasnt when the car was picked up or Nelson wouldnt have paid for it. 1 Link to comment Share on other sites More sharing options...
nels0n Posted November 26, 2014 Author Share Posted November 26, 2014 No no im not that stupid...Listen to what im saying... I got the car home, told him it was knocking and he said "OH thats fine mate ive had that before when i let the oil get too low, it made a horrible knocking noise, just put oil in and it goes" If id have known that i wouldn't have bought the car. Now he told me the eml was on due to the lamda sensors which was correct. No other codes show. The only thing im at fault for here is not checking the oil when i was there, that was stupid on my half. SO hands up in that respect, at the end of the day, he killed it the day it first knocked so hes lied in the sale ad. Link to comment Share on other sites More sharing options...
Grundy Posted November 26, 2014 Share Posted November 26, 2014 No no im not that stupid...Listen to what im saying... I got the car home, told him it was knocking and he said "OH thats fine mate ive had that before when i let the oil get too low, it made a horrible knocking noise, just put oil in and it goes" If id have known that i wouldn't have bought the car. Now he told me the eml was on due to the lamda sensors which was correct. No other codes show. The only thing im at fault for here is not checking the oil when i was there, that was stupid on my half. SO hands up in that respect, at the end of the day, he killed it the day it first knocked so hes lied in the sale ad. Surely that could be evidence in a court case? Of the seller knowing of a potential issue ? Link to comment Share on other sites More sharing options...
Ekona Posted November 26, 2014 Share Posted November 26, 2014 No, it's not! The seller is NOT a car expert, and as such you cannot rely on his diagnosis. Maybe he did put oil in and the knocking went away, because he doesn't know any better that the engine is fubared at that point. YOU SHOULD HAVE ASKED THE QUESTION. Because you didn't, that's 100% your fault and you have ZERO comeback to him. Nothing. Nada. Zilch. The seller is under NO OBLIGATION TO TELL YOU EVERYTHING THAT'S WRONG WITH THE CAR, it's 100% your responsibility to ask the questions BEFORE you pay for it. OP, go back to the last page and read what Comrade wrote. That still applies. There is no onus on the seller here to do anything at all: You bought the cheapest possible Zed you could find and didn't check it out, so now you've found out why buying the cheapest one isn't always the best idea. Move on, learn the lesson, don't get caught again. Ay ay ay, this topic is starting to do my head in. 2 Link to comment Share on other sites More sharing options...
Flex Posted November 26, 2014 Share Posted November 26, 2014 Dont read it then Link to comment Share on other sites More sharing options...
Ekona Posted November 26, 2014 Share Posted November 26, 2014 I can't. I feel it's my obligation to help the terminally stupid Link to comment Share on other sites More sharing options...
nels0n Posted November 26, 2014 Author Share Posted November 26, 2014 I can't. I feel it's my obligation to help the terminally stupid Such a pleasant human being aren't you. Link to comment Share on other sites More sharing options...
Payco Posted November 26, 2014 Share Posted November 26, 2014 Very sad story and I feel for what appears to be a genuine guy who has been very green on this occassion. The car cost £4k which was underpriced in the first instance. Stick a new engine in it for £1500 and you have still spent less than £6k on buying your z. I would be enraged but at the end of the day you have made a massive schoolboy error and unfortunatley are paying the price. You can still put it right.. Link to comment Share on other sites More sharing options...
nels0n Posted November 26, 2014 Author Share Posted November 26, 2014 Very sad story and I feel for what appears to be a genuine guy who has been very green on this occassion. The car cost £4k which was underpriced in the first instance. Stick a new engine in it for £1500 and you have still spent less than £6k on buying your z. I would be enraged but at the end of the day you have made a massive schoolboy error and unfortunatley are paying the price. You can still put it right.. Thanks mate, i appreciate everyone's comments and yes i know bit naive on my case. But the car was actually up for 5k originally and knocked down to 4700 and i got him down to 4100 by saying ill be there that weekend. Link to comment Share on other sites More sharing options...
Ricey Posted November 26, 2014 Share Posted November 26, 2014 Very sad story and I feel for what appears to be a genuine guy who has been very green on this occassion. The car cost £4k which was underpriced in the first instance. Stick a new engine in it for £1500 and you have still spent less than £6k on buying your z. I would be enraged but at the end of the day you have made a massive schoolboy error and unfortunatley are paying the price. You can still put it right.. Thanks mate, i appreciate everyone's comments and yes i know bit naive on my case. But the car was actually up for 5k originally and knocked down to 4700 and i got him down to 4100 by saying ill be there that weekend. A non-runner doesn't change hands for huge amounts less so I really don't think your too badly screwed here. Granted you can't change the clocks to match the new engine mileage but hey ho. Link to comment Share on other sites More sharing options...
Recommended Posts