Hi just joined! Bought E250 2.1 CDI on Monday next day in garage£££!

[Leo46]

Previously owned E270 cdi. First one only had for 4 months as someone had crashed into back of it and was written off Next was again E270 which my friend has just bought off me as I have now got an E250...an estate what I've always wanted Bought on 22/01/18 in garage the next day!! PDF £700+

 

[John Laidlaw]

Welcome - it’s only the 22nd today though?
Presume you mean dpf which are a right nuisance

 

[JBell]

Previously owned E270 cdi. First one only had for 4 months as someone had crashed into back of it and was written off Next was again E270 which my friend has just bought off me as I have now got an E250...an estate what I've always wanted Bought on 22/01/18 in garage the next day!! PDF £700+

Welcome, lovely car the W212 E Class, shame about the DPF, I would be claiming off the previous owner, that is a problem that will manifest itself, probably had fault codes wiped just before you bought it

 

[tc smith]

Hi and welcome, there's usually some teething troubles with a new "to you" car, but commiserations as it's tiresome on day 1 ! The DPF seems to be an expensive filter, I looked at a BMW 335D and seemingly if the DPF fails it's around £6K to repair, scarey. Fingers crossed you have a less costly few months from now on

 

[LostKiwi]

If you bought it from a dealer have them sort it at their cost.

 

[Leo46]

Hi, Yes sorry bought on the 15th and problem occurred the next day. And yes I meant DPF. Can't find anywhere to amend message.

 

[Leo46]

If you bought it from a dealer have them sort it at their cost.

Yes I would do that but unfortunately I purchased the car off a so called Private seller on Auto trader.

 

[John Laidlaw]

Stick with it, lovely car the 212, I’m on my second- it will get better

 

[Leo46]

Previously owned E270 cdi. First one only had for 4 months as someone had crashed into back of it and was written off Next was again E270 which my friend has just bought off me as I have now got an E250...an estate what I've always wanted Bought on 22/01/18 in garage the next day!! PDF £700+

Bought on the 15/01/18 DPF filter

 

[JBell]

Yes I would do that but unfortunately I purchased the car off a so called Private seller on Auto trader.

Doesn't matter, a knackered DPF is not something that will just happen, you have recourse to the seller

 

[LostKiwi]

Yes I would do that but unfortunately I purchased the car off a so called Private seller on Auto trader.

You are still legally entitled to pursue the private seller. Contact them and advise them whats happened then if they won't play ball use Small Claims (you can do this online quite easily) to recover a portion of your costs (be reasonable about it othrwise it will be thrown out and don't expect full payment for a new DPF as that may be seen as 'betterment' - improving the car's condition beyond what would reasonably be expected for a vehicle of that age/mileage).

 

[Leo46]

Stick with it, lovely car the 212, I’m on my second- it will get better

Definitely sticking with it. In garage now getting fixed. Just got a few issues at the moment with the "Private seller". We went to see the car on the 14th gave a small deposit and next evening purchased the car. But we noticed on the 14th that the advert had been taken down but just thought at the time he had taken it down. On the 15th driving to work and the management light came on. DPF filter cannot be cleaned. Auto trader had actually taken the advert down as they think he could be a trader. I have done some research and found that he has a small car sales business. Citizens advice/Consumer helpline have advised me on my next step. Up to now bill in garage £800

 

[LostKiwi]

Definitely sticking with it. In garage now getting fixed. Just got a few issues at the moment with the "Private seller". We went to see the car on the 14th gave a small deposit and next evening purchased the car. But we noticed on the 14th that the advert had been taken down but just thought at the time he had taken it down. On the 15th driving to work and the management light came on. DPF filter cannot be cleaned. Auto trader had actually taken the advert down as they think he could be a trader. I have done some research and found that he has a small car sales business. Citizens advice/Consumer helpline have advised me on my next step. Up to now bill in garage £800

Make sure you pursue the individual not the 'business'.
If you pursue the business then he can just wind up the company and you're left high and dry. Since he was trading as an individual (and not the business) then if you pursue him it becomes harder for him to wriggle out.

 

[JBell]

You are still legally entitled to pursue the private seller. Contact them and advise them whats happened then if they won't play ball use Small Claims (you can do this online quite easily) to recover a portion of your costs (be reasonable about it othrwise it will be thrown out and don't expect full payment for a new DPF as that may be seen as 'betterment' - improving the car's condition beyond what would reasonably be expected for a vehicle of that age/mileage).

Not sure, I think there is an element of deceit here, fault codes cleared to sell a vehicle by a trader hiding as a private seller

 

[LostKiwi]

Not sure, I think there is an element of deceit here, fault codes cleared to sell a vehicle by a trader hiding as a private seller

Yes there is deceit but damages (which is what we're talking about) cannot be punitive, only reasonable. Betterment is something courts will look at too when making an award. In general the award should take into account the actual costs to rectify the issue and the cost of the parts relative to their expected life span.
For example if the car had travelled 50k miles and a replaced part had an expected lifespan of 100k miles then it wouldn't be unreasonable for the court to allow 50% of the part cost. They can decide to allow the entire amount but its down to the individual circumstances and the person hearing the case.

 

[Srdl]

Not sure, I think there is an element of deceit here, fault codes cleared to sell a vehicle by a trader hiding as a private seller

Just the mention of possible fraud and a potential police referral may persuade him to make a voluntary contribution though.

 

[JBell]

Yes there is deceit but damages (which is what we're talking about) cannot be punitive, only reasonable.

What is reasonable is the OP gets what he paid for i.e. a car that works, the fact the DPF failed the day after he bought it is way too obvious that something was wrong and had been covered up and a dealer masquerading as a private seller tells you there is skullduggery going on, the cost to make the car "of merchantable quality" is fairly irrelevant, it needs to be fixed and if that is a new DPF then so be it

 

[Leo46]

Thanks for all your comments and advice it's all very helpful. The Consumer helpline has advised me to write a letter to the seller asking for either 1-Repair or replacement (which is no as we already have car in garage) 2-A price reduction with in 14 days(cost of repairs). Letter from garage saying filter was beyond repair and that management light would of been coming on and off for sometime. Ask if in the ADR scheme(?) and mention the "Under the consumer rights act 2015" . I did want to phone him up and mention all of this but the CR have said no, send letter recorded delivery.

 

[bembo449]

I hope you get somewhere with this pal but I wouldn't hold your breath , I mean it sounds good on paper but if he's a private seller ( even hiding as a trader ) I think you will struggle to see any funds returned , he could easily disappear into thin air and ignore any contact , time will tell . . . . .

 

[LostKiwi]

I hope you get somewhere with this pal but I wouldn't hold your breath , I mean it sounds good on paper but if he's a private seller ( even hiding as a trader ) I think you will struggle to see any funds returned , he could easily disappear into thin air and ignore any contact , time will tell . . . . .

If he takes him to court as a private seller then the seller will end up with a CCJ.