VW Golf 1.4 TSI - Small claims court, private car sale | Legal matters | Back Room Forum

Fri 13 Oct 2017 18:43

VW Golf 1.4 TSI - Small claims court, private car sale - alwitemeluver

Hi everybody, I`m new to HJ so can I say hello first please :-)

Ok, two weeks ago I went and viewed the above mentioned car, went for a quick test drive and all seemed ok. I agreed to buy it and gave them a deposit.

The following week I paid them the rest of what I owed, £3650 and collected the car. On the way home it didn`t feel right, it was running rough when I was stopped at traffic lights etc, and very hesitant to accelerate.

I took it to a tuning garage 2 days later to see if they could pinpoint a cause and I was quite prepared to sort it, thinking it wouldn`t be too serious. They couldn`t find the problem and they began to mention having the timing chain replaced (to the tune of £1500, as a questimate) which "may" solve the problem, failing that there are no other obvious causes and they would have to strip the engine down to find out what`s going on.

It`s sat on my drive now unused because I don`t trust it, I don`t particularly want to drive it, it`s just useless to me, and I have no more money to carry out these major repairs. This is starting to make me ill......................

I have been on to the seller who just says "I`ll get some advice on this and ring you back", and never does.

So, my question is, would the small claims court be of any help to me here? I know it`s a private sale and a lot more risky but I`m clinging on to every last ray of hope with this. Thanks everybody for any advice

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Fri 13 Oct 2017 19:06

VW Golf 1.4 TSI - Small claims court, private car sale - RT

Until you've got a proper fault diagnosis you can't even get started.

Replacing a timing chain isn't going to cure an existing problem.

Have full diagnostics been run on the car, using a proper VCDS tool, not a generic code reader ?

Since the seller doesn't seem to have made any false statement, I doubt you have a case against him.

Edited by RT on 13/10/2017 at 19:07

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Fri 13 Oct 2017 19:41

VW Golf 1.4 TSI - Small claims court, private car sale - RobJP

As it's a private sale, the law of 'caveat emptor', applies, or 'buyer beware'.

Basically, unless the vendor has deliberately lied in the advert, then you have zero rights against them.

Note that an act of omission (them failing to mention problems) is not a lie.

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Fri 13 Oct 2017 21:02

VW Golf 1.4 TSI - Small claims court, private car sale - FP

As others have said, in a private sale you have hardly any come-back. Your only grounds would be that you could prove (not just allege) that the seller had lied on some significant issue.

My advice is to be as nice as possible to the seller and ask for a contribution when you have found what the problems are. (Your "tuning garage" sounds next to useless, by the way.) I once bought a car privately on which the starter motor failed within a few days. The previous owner was sympathetic and wrote me a cheque for the replacement. However, if it had been somethig really major I doubt it woud have happened.

I hate to say this, but it may all turn out to be a bitter lesson; you buy privately and expect to pay considerably less than at a dealer's. That saving (if you're lucky) should finance the rectification of any unexpected issues, but you must know your cars, both in general and the specific make and model you're buying, which you should research thoroughly.

You may indeed have done all that, but there's still the element of luck (in this case, bad luck) which can trip you up. This is one of the reasons I will no longer buy privately.

Best of luck in getting some joy out of the situation.

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Fri 13 Oct 2017 21:15

VW Golf 1.4 TSI - Small claims court, private car sale - SLO76

Unfortunately in a private sale you have little in the way of rights. If the seller misrepresented the car or told a blatant lie and you have a copy of the advert to prove this then you may have a route to claim but otherwise it is buyer beware and thus the reason why private sales are much cheaper than buying from a dealer.

You must know what you're doing or take someone with you who does however. These early TSi motors are somewhat notorious for timing chain issues and anyone in the know would likely have steered you away from buying it.

My advice to you. Spend no more money on it, it's highly likely it was sold because of this fault and the seller knows exactly what it is and how much it's going to cost to put right. Take it to your nearest car auction and enter it with a low reserve, get whatever you can for it and learn from your mistake.

When buying on a budget like this keep it simple. Forget complex turbocharged engines like this. A Mazda 3, Honda Civic, Toyota Corolla or Ford Focus 1.6/1.8 all petrol would've been far better options.

Edited by SLO76 on 13/10/2017 at 21:18

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Tue 17 Oct 2017 15:07

VW Golf 1.4 TSI - Small claims court, private car sale - dieselnut

Although the seller advertises as a private seller, he may be a dealer in disguise.

Google any of the contact No's he has given you & see if it discloses any other car adverts.

If he has other adds let him know what you have found out.

If he has any sense he will get your car repaired, or he will be leaving himself open to a court case.

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