Agree with the above comments from Rich and Matt. Probably far away but I have a classic needing minimal work (under body only.) and fully inspected, serviced and checked out by a Subaru professional which I am being convinced to sell by my Mrs. I have already been offered a price but considering your situation I would sell it to you at rock bottom price and cut my losses to help you. Surprisingly a car purchase company has offered me a great price for it and have had it up on the ramp etc for full inspection by there mechanic. Sad part is they have said to me they can nearly double there money by breaking it for parts.

Classics are still very reliable I don't use mine day in day out

Rich,

Without me re-reading through the thread, I seem to think I explained fully what occurred.

To answer your question, my son went to buy the car along with my daughter.

Neither of them have any real mechanical knowledge.

I’m personally not in a fit state to travel any distance; otherwise this thread would never have existed, because I would have spotted the fault within 30 seconds of opening the bonnet and I wouldn't have needed to start the engine to see it.

My son is no different from many other youngsters, who buy cars with their heart, rather than their head.

Don’t be swayed into thinking it serves him right for buying the car; as it seems a few on here seem to form that impression. I would lay bets that there are some on this forum that would, or have, been ripped off by a smooth talking rip-off merchant.

Problem is, you need several expert witnesses to attend the court…I have 3 independent experts who know this vehicle had a major engine fault before my son bought it, but getting them to take time off from their garage businesses to attend court is a none starter.

I hope this explains to you what you needed to know!

Regards,

Rik.

 

Phil 3822,

 

That's a really kind gesture and very greatly appreciated; but sadly we're not in any position to make another purchase right now, so can only wish you all the best in getting the best price possible for your car.

 

Good luck with your sale.

 

Kind regards,

Rik.

Surely your son has s mate or 2 handy with some spanners ? Get a 2nd hand lump and a weekend

Matt,

 

You have the right idea!

 

Ha ha... if only he did.

 

I told you where we live, so you should know that people don't know what spanners are in carrot crunching places. ;) ;) :D 

 

Best regards,

 

Rik.

Rik

 

I understood what happened i just couldnt figure out why someone who knew what to look for didnt go with the two of them.

 

Or you didnt write a list for your lad to check off.

 

That aside personally i cant see any mileage in court action as it was a private sale

 

Good luck which ever way your lad decides to go

 

Rich

Rich,

 

You just can't imagine how guilty I feel for not being able to go with them and you're right; I suppose I should have drummed it into them what to look for but I failed on that score. Though I covered most things for them to check out.

I personally had lengthy conversations with he seller and I can honestly say that he appeared absolutely genuine.

Just how wrong I was to believe all he said.

 

I'm reliably informed that a court case can be taken out against anyone (private or trade,) who intentionally sells a vehicle that is not fit for purpose and provided you have evidence to prove so, plus taking along an expert witness then the chances of winning the case with a solicitors aid are very high.

Proving a case is the very difficult part, or getting an expert witness who is prepered to attend any court hearing. That's where the problem lies. I have the proof but without the benefit of the expert witness appearing to back it up, then my chances are very slim to be awarded a judgment in our favour.

 

I hope that explains more clearly.

 

Regards,

Rik.

Agree with others about no bother with Court action. I have a bit of experience and it would be very difficult to gain judgement in your favour. All the defendant has to prove is they have little mechanical knowledge and can get away with nearly anything. It would depend on a number of factors though such as how long the seller owned the car, how much they drove it, knowledge etc. I of course do not know the full situation but you would need deep pockets.

I appreciate your comments and feel sorry for your lad. An expensive lesson.

Phil3822,

 

Sorry to hear you may well have suffered an injustice by a court...I really hope it wasn't too costly.

I agree with you and others here who say a Court case is too risky to take onboard, as favourable judgment would likely fall on the side of the seller. That to me is totally an injustice ... but then this country doesn't seem to know much about fair justice does it.

Using the Scooby Clinic as a service centre means you care about the car, so I doubt very much he'd overlook, or ignore sludge  / oil in the cooling system. Had he been a run of the mill car owner then I wouldn't have expected him to look under a bonnet.

 

Regards,

 

Rik.

My mate sold a Subaru to a Scooby clinic mechanic didn't know his !Removed! from his elbow

They aren't the gospel

Sorry rik but your speculating he knew , unless he stands up and says " yeah I knew it was fudged " your on a sticky wicket as they say

If it was me and saw this I would be starting my own case for slander !

Caveat emptor :s

 

In theory(source=A.A.)

 

"The only legal terms that cover a private sale contract are:

• the seller must have the right to sell the car
• the vehicle should match the description given by the seller
• the car must be roadworthy - it is a criminal offence to sell an unroadworthy car and an MOT certificate from a test several months ago is no guarantee that the car is roadworthy today."

Just saying 'its a great car' surely isn't misrepresentation as it's a subjective opinion - maybe the seller did think it was great.

 

I've never heard of anyone claiming successfully against a private seller !