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Been ripped off in a private car sale, do I have any rights?

Been ripped off in a private car sale, do I have any rights?

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Old Mar 15th 2012, 12:42 pm
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Default Been ripped off in a private car sale, do I have any rights?

I recently moved to Perth, I purchased a car from Gumtree. It was advertised as a 99 Daihatsu Charade. The guy I bought it off wrote on the pink slip that it is a 99 Daihatsu Charade. When I got the paperwork from the government they stated it was a 93, since then I have learned that there is a plate inside the bonnet that states the car year (It is a 93).

Aside from this 2 weeks after I purchased it the car started to overheat, the head gasket is gone, is there any responsibility on the guy who sold it to me or do I not have a leg to stand on?
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Old Mar 15th 2012, 4:03 pm
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Default Re: Been ripped off in a private car sale, do I have any rights?

Originally Posted by erukus
I recently moved to Perth, I purchased a car from Gumtree. It was advertised as a 99 Daihatsu Charade. The guy I bought it off wrote on the pink slip that it is a 99 Daihatsu Charade. When I got the paperwork from the government they stated it was a 93, since then I have learned that there is a plate inside the bonnet that states the car year (It is a 93).

Aside from this 2 weeks after I purchased it the car started to overheat, the head gasket is gone, is there any responsibility on the guy who sold it to me or do I not have a leg to stand on?
You will win hands down in perth small claims court
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Old Mar 15th 2012, 8:36 pm
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Default Re: Been ripped off in a private car sale, do I have any rights?

Originally Posted by erukus
I recently moved to Perth, I purchased a car from Gumtree. It was advertised as a 99 Daihatsu Charade. The guy I bought it off wrote on the pink slip that it is a 99 Daihatsu Charade. When I got the paperwork from the government they stated it was a 93, since then I have learned that there is a plate inside the bonnet that states the car year (It is a 93).

Aside from this 2 weeks after I purchased it the car started to overheat, the head gasket is gone, is there any responsibility on the guy who sold it to me or do I not have a leg to stand on?
Not sure about here so would need to check but in the Uk it would be a civil and criminal offence (criminal if he is a trader). Misrepresentation, not as described and as I said an offence under the Trade Descriptions Act Which I have just seen appears to have been Repealed by Consumer Protection ..............

Check with your appropriate government body
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Old Mar 15th 2012, 8:46 pm
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Default Re: Been ripped off in a private car sale, do I have any rights?

Sorry to hear that, it seems quite cut and dry but it could be a long drawn out process.
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Old Mar 16th 2012, 2:32 am
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Default Re: Been ripped off in a private car sale, do I have any rights?

Originally Posted by erukus
I recently moved to Perth, I purchased a car from Gumtree. It was advertised as a 99 Daihatsu Charade. The guy I bought it off wrote on the pink slip that it is a 99 Daihatsu Charade. When I got the paperwork from the government they stated it was a 93, since then I have learned that there is a plate inside the bonnet that states the car year (It is a 93).

Aside from this 2 weeks after I purchased it the car started to overheat, the head gasket is gone, is there any responsibility on the guy who sold it to me or do I not have a leg to stand on?
Buying 2nd hand cars privately can be a lottery.

Good luck in sorting it out.
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Old Mar 16th 2012, 3:22 am
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Default Re: Been ripped off in a private car sale, do I have any rights?

Send a couple of blokes round with baseball bats for quick results
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Old Mar 16th 2012, 4:49 am
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Default Re: Been ripped off in a private car sale, do I have any rights?

Have you told the person who sold it to you that it is much older than they claimed?
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Old Mar 16th 2012, 5:01 am
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Default Re: Been ripped off in a private car sale, do I have any rights?

Originally Posted by erukus
I recently moved to Perth, I purchased a car from Gumtree. It was advertised as a 99 Daihatsu Charade. The guy I bought it off wrote on the pink slip that it is a 99 Daihatsu Charade. When I got the paperwork from the government they stated it was a 93, since then I have learned that there is a plate inside the bonnet that states the car year (It is a 93).

Aside from this 2 weeks after I purchased it the car started to overheat, the head gasket is gone, is there any responsibility on the guy who sold it to me or do I not have a leg to stand on?
Take it as a lesson to check out used cars properly before buying... and move on.
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Old Mar 16th 2012, 6:16 am
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Default Re: Been ripped off in a private car sale, do I have any rights?

You could try and chase him through the Small Claims court, but I don't rate your chances of getting any money back and it is a lot of effort if you don't use a solicitor and expensive if you do. On Carsales the average price difference between the two is around $1,500 - you can soon blow that trying to recover your money.

If it wasn't overheating when you bought it the fact that it started to overheat 2 weeks later is irrelevant.

Basically you know very little about cars (or you would have known to look for the compliance plate) and you bought without getting advice from anyone else, so you have only yourself to blame for getting ripped off.

Last edited by KJCherokee; Mar 16th 2012 at 6:18 am.
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Old Mar 16th 2012, 7:23 am
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Default Re: Been ripped off in a private car sale, do I have any rights?

lol you bought a car without even checking the compliance plate? haha sorry but that is amusing albeit a little sad.
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Old Mar 16th 2012, 9:26 am
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Default Re: Been ripped off in a private car sale, do I have any rights?

since then I have learned that there is a plate inside the bonnet that states the car year (It is a 93).
Seriously, you just discovered this
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Old Mar 16th 2012, 9:30 am
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Default Re: Been ripped off in a private car sale, do I have any rights?

Buying a 99 Charade is a lottery. Fark I think they were a lotto brand new. Maybe one going for 6 extra years is a goer.
Originally Posted by Amazulu
Buying 2nd hand cars privately can be a lottery.

Good luck in sorting it out.
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Old Mar 17th 2012, 2:53 am
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Default Re: Been ripped off in a private car sale, do I have any rights?

Originally Posted by IvanM
Buying a 99 Charade is a lottery. Fark I think they were a lotto brand new. Maybe one going for 6 extra years is a goer.
I think the later models are okay for what they are
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