Vauhall Zafira - Faulty Used Car - Epic Orange

I bought a used Vauxhall Zafira (1999 V reg for £1220) from a trader on an ebay auction. The auction stated that the car "drives very well" and that returns were accepted and I bid and won on this basis. There was some minor cosmetic damage which I was happy to accept.

When I arrived to collect the car the drivers electric mirror wasn't working properly, which he "fixed" and the boot wouldn't close properly. At this point he revealed it had come from a local car auction and had been stored "for some time" (had I known this I may not have bought the car and certainly wouldn't have paid as much). I attempted to drive the vehicle home and discovered that when I took my foot off the accelerator the car stalled. This was in rush hour and was a frightening experience as I tried to return the car to the dealer.

When I got it back he had a look at it and said the Air flow sensor had gone and that it would be cheap to repair and I could have the use of an alternative car while he fixed it. I accepted this on the basis that he said he'd have it fixed the following day. He was aware that I needed the car to get me to and from work etc.

The following day he said the part wasn't in stock but would arrive the day after and I should keep the car I had for now, which I did. The following day he said the car was fixed and I offered to come and collect it. He seemed reluctant to have me collect it saying he was "very busy" and didn't want to "inconvenience" me any further so he would deliver it. He was aware that I needed to be up at 5am the next morning as I had a long distance to travel for work that day. The car finally turned up at 10pm! I asked if it was all working now, he said it was. I asked if there had been any other problems and he said it was all working "fine".

Not having had the chance to do anything with the car the night before I got in it to drive to work the following day. I discovered that the "fixed" door mirror was so loose that the vibration of the car moving made it impossible to see anything in it, the left hand indicator was flashing very slowly and then stopped completely and the power to the engine kept cutting out while driving! Clearly the car was not roadworthy let alone as described and fit for purpose! There is no way he was unaware of the problems as he'd driven it over.

I tried to ring the dealer, to find that he'd left his blackberry phone in the car he'd delivered. I sent him a message immediately stating the problems and asking for a refund but had received no response by the early evening. When I finished work I arranged to return the car to his premises in the hope that he'd be there (I had no other way to contact him). There was no sign of him so I looked at the contact list in his phone hoping to find an alternative number. I rang the contact listed as "Mum and Dad" and politely explained that their son had left his phone in the car and I wondered if they had an alternative phone number for him. I was told they'd get back to me. I then received a call from his wife saying she didn't know where he was, when he'd be back or who he was with but he needed the phone back so she'd come and collect it. As I didn't know who she was I suggested I'd rather speak to him directly.

Given that the car was unroadworthy I left it at his premises and went home. I then received a message asking me to ring him, which I did. He was not at all interested in refunding my money or dealing with any issues over the car, merely in securing the return of his phone. He told me he couldn't take the car back as I had no V5C to transfer ownership back to him and that it "wasn't as simple" as giving a refund. He got quite abusive so I hung up.

I then receive a message telling me he was going to clamp the car and charge me for storing it on private property and report me for theft of his phone. I informed him he could have his phone back but that I had an extremely busy schedule at the moment due to needing to find transport because he'd left me without any and that I'd only be prepared to alter my schedule if it involved the refund of my money.

I've arranged to take his phone to a Police station so he can collect it as he's the sort of person that would deny having received it or say that I'd broken it etc.

With regard to the vehicle, I went to Consumer Direct who really didn't seem very interested and told me I needed to get the car inspected to prove that it did not conform to the contract despite having only had possession of the car for less than 24 hours. So I am now left with a set of keys for a car I don't have access to and a dealer who doesn't seem prepared to do anything at all.

Am I entitled to a full refund? Do I have to get the car inspected to prove my case under the SOGA?

Thanks :)

Vauhall Zafira - Faulty Used Car - iFocus

I'm no legal expert but a car for £1200 is not alot. And you're firmly in banger territory there.

The SOGA probably won't help, due to the price you paid. And you really can't demand a refund without giving him chance to repair it fully.

I would suggest you give him his phone back, and politely ask him to fix the issues with it.

Thats probably not the response you wanted, but it comes from experience. As a few years ago I bought a car for £1300 from a dealer, 4 weeks later the gearbox failed.

Luckily It had a 3 month warranty and the dealer sorted it with abit of badgering, but when I spoke to Consumer Direct, my rights were limited due to the price I paid. £1500/2000 seems to be the threshold.

Vauhall Zafira - Faulty Used Car - Epic Orange

It might not be a lot of money to you, but as a single parent on a limited income it is to me. Personally I'd disagree with your opinion about it being "banger" territory, at that price I'd expect it be delivered at the very least "as described" and fit for purpose. The bottom line is that it wasn't even roadworthy when it was delivered which is actually a criminal offence as he must have known it wasn't roadworthy when he drove it over to me.

As for being polite to him it's not an option, he's abusive, rude and ignorant and I'd rather have any communication in writing.

If you can show me a site that details how the price limits my rights I'd be interested?

The impression I got from CD was that they didn't know much!

Vauhall Zafira - Faulty Used Car - LucyBC
The Act provides that wherever goods are bought they must “conform to contract”. This means that items sold through eBay by business sellers must be:

* of "satisfactory quality";
* "as described"; and
* "fit for purpose".

(For a private seller only "as described" applies).

Thus goods sold by business sellers must not be inherently faulty at the time of sale, must match any description given to them and, allowing for factors like price, they must be fit for their purpose, defect free, safe and durable.

Given the time since sale and the defects I think you have sufficient grounds to state that you had not accepted the car and can return it and claim a full refund.

Where the "price paid" issue comes into play is not so much on defects at time of sale but if a defect develops subsequently.

The Sale of Goods Act affords considerable protection on vehicles for up to six months after purchase with faults which develop assumed to be there at time of sale unless the dealer can show otherwise. The Act is however not blind to factors such as age, condition, value and price and had faults developed with this car (say) three months on the dealer could have reasonably argued that you might expect them to do so at this price level and refused to fund the fixing of them.

The problems with your car were clearly present at time of sale and in my opinion are sufficiently serious for you to reject the vehicle and get your money back.

The dealer sounds somewhat slippery and you may need legal help with this. If you think you will please contact me via asklucy@honestjohn.co.uk