Private seller mislead me with autotrader advert

  • Scoobully147's Avatar
    Hi I'm new here but just wanted some advice before I possibly go down legal channels with a private seller.
    Back in April I purchased £9,500 worth of Audi privately, Autotrader advert text said 5 months warranty and FULL service history, 1 month later, water got into the boot causing £1200 of damage to electrics, contacted the warranty people to discover the private seller had not transferred the warranty to me on the sale of the car, so they would not entertain the claim, bit p****d off but paid for the car to be repaired and thought no more about it, ( will add that I contacted the seller to ask him to talk to the warranty people and he didn't. 4 months later, DPF warning light came on, so as I don't do a lot of miles per week, my mechanic told me it might need a static regen, so after 3 attempts, my mechanic discovered oil in the DPF filter upon removal, informed me the engine is knackered, that's why the DPF keeps clogging up, naturally thinking if it's FULL SERVICE HISTORY it shouldn't happen, checked the service book to find nothing in it, but found 2 services from independent garages and after contacting Audi themselves only one was done by them, the car has done 52,000 miles without any services (3 done out of 9) I'm now £10,700 out of pocket and have a £250 a month bank load for the next 4 years and a dead car that can't be driven, can I take a court case out against him for the cost of a new engine and electrics totalling £8,200 + £410 court costs or a full refund on the car ? Thanks in advance,
    Steve
  • 37 Replies

  • Santa's Avatar
    I think that you can and should take him to court on the grounds you describe. You may not be all that successful though as the court will take into account that you failed on due diligence.

    You only checked the "full service history" four months later? Good luck with it though.
  • Scoobully147's Avatar
    Hi Santa
    Thanks for helping me, maybe I was a tad slow looking at the service history yes, shouldn’t alter the fact that it was falsely advertised, and the warranty just topped it off at the start, if that had been done and swapped correctly, non of this would have occurred
  • Santa's Avatar
    The more time that passes between the purchase and the discovery of a fault, the more problematic any legal redress becomes. Checking documents is basic to the buying process and you clearly failed to do even the most basic check. Buying a car of that value without paying for an HPI check is also foolhardy and you can learn a lot by simply putting the reg No int the government website.

    A seller has no obligation to point out faults, but making false statements in an advertisement is illegal. I assume that you still have a copy of the ad, without which a challenge will be difficult.

    As I said, there is no reason why you shouldn't start proceedings against him and it may also be worth a call to the Citizens Advice Bureau who have a lot of experience in these cases.
  • Scoobully147's Avatar
    Hi again mate, the 1st thing I did was contact Autotrader, they happily gave me the original advert, and advised me to take it further, I have already sent him a letter requesting the full SH but as you would imagine, there has been no contact, I’ll keep this thread informed about the progress, and hopefully it will educate some folk as to what to watch for and how to deal with a misrepresentation within an advert. Cheers and merry Xmas
    Steve
  • Santa's Avatar
    That was good of them. Full steam ahead then...:)
  • Scoobully147's Avatar
    Hi Santa,
    Just a heads up on the misrepresentation of advert from which I bought a an Audi.
    I won yesterday, court ruled in my favour, the defendant now owes my £4186.00,
    Thank you for response to the initial question I posted, just a message to you all... never advertise a car for sale with something it hasn’t got !!
    Take care all

    Steve
  • Scoobully147's Avatar
    Also meant to add that I managed to source a recon that was fitted, I took to court a request for £4800.00, so I didn’t do bad, it was £600 less due to a part of the case being a probability, I’m over the moon anyway.
    Cheers all

    Steve
  • Hometune's Avatar
    Guest
    Thanks for posting this all up. You've done the right thing and well done on not giving up. Just hope the seller has the cash to pay you now or you will have to pay for bailiffs then sheriffs if he's not forthcoming.
  • Scoobully147's Avatar
    Hi Hometune,
    I’m glad I won, still a way to go though, getting my money etc, been going on for 8 and a half months and believe it or not I still haven’t got the car back, something to do with high fuel pressure problem, I look forward to getting her back, I’m glad that I didn’t give up, it’s been a very difficult time for me and my family, and I would say that if you’ve been wronged, then get some advice and stick it out till the end.
    Kind regards.

    Steve
  • Scoobully147's Avatar
    Quick heads up again on my thread, after a tense 21 days he payed up, 1 hour before the deadline, ended up about 600 less overall on my original claim, but on the whole I got a deserved result !!
  • Santa's Avatar
    That's a win then and well deserved too. The three 'Ps' Polite Persistence Pays (with a little help from the court).

    And thank you for letting us know the outcome.
  • Motman's Avatar
    Nice one! Not too terrible then. Thanks for coming back and letting us know how it went. I bet you’ll sleep well tonight!
  • Scoobully147's Avatar
    Cheers all, certainly will sleep well :-) take care all and thank you !!!
  • Markdas's Avatar
    ads

    Great that you took the time to feedback fully on your original post......I bet many people (me included) started by thinking you had no hope of getting anything back from a private sale as I usually feel that you have pretty much the half hour or so we normally spend looking at a car and kicking the tyres etc and just like you, I haven't always scrutinised the service book until a day or so later as I pour over every word (far too late)......haha

    It is kind of reasuring that people selling, should be careful with their adverts? Do you think its because a well known place like Autotrader was used to advertise the car? I bought a Saab in December (online only) from a guy who was generally accurate but I ended up without a few things that was advertised (no heated seats, no electric seats and no mention of scrapes on 3 of 4 alloys) but....I saw all that as my errors on not checking and double checking.

    anyway, we all live and learn
  • Scoobully147's Avatar
    Hi Markdas,
    I suppose you have to weigh it up financially, my case was worth £4800 approximately, if it was under about £500 I would always say ‘’ well you should have been careful, and yes autotrader ( the biggest car advertiser ) was probably the reason why I was so successful, they helped me greatly, gave me the original posting and all info I needed, to anyone purchasing a car, just check everything as advertised, and make sure you don’t **** up.
    But I’m would suggest (if it’s worth it) raise a case !!
    P.s. took several months to resolve the issue from start to finish !!

    Steve
  • Scoobully147's Avatar
    Well guys, hopefully with some useful knowledge, you lot may be able to help me, my mechanic changed the engine 2 months ago, I still haven’t got the car in question back, basically, it suffering from P0087 low fuel pressure, my mechanic has no idea what it could be, injectors have been tested and they are fine, pump should be fine because it’s only done 41k, regulator and both rail sensors are new original parts, pump in tank is fine too, anyone who can shed any light on this so I can point him in the right direction, your input would be most useful, the engine swap, injectors, and all involved gaskets etc has now cost me so far nearly £1800, I’m totally at a loss and in deep despair, I’ve said I want the car back wether it works or not, threatened to take it somewhere else that specialises in diesel, but he has somewhat thrown his silly out of the pram!!
    Many thanks in advance
    Steve
  • Hometune's Avatar
    Guest
    I know its an Audi diesel but not the model or which engine it has. The engine code - 3 letters - is on the timing belt cover and also in the spare wheel well on the large sticker.
  • Markdas's Avatar
    You need to be a bit more specific in the fault finding and be careful not to accept things are working based on age or mileage......

    Make sure the fualt codes are properly pulled from the ODB11 port.....its a start at least.

    Is the base fault non starting or poor running?

    If you do decide to suspect the fuel system, you need to PROVE each part and section. Tank pump should deliver a certain pressure and volume to the high pressure pump and common rail. You can check its working with 12volts, but to test the delivery you need a guage and vent tied into the fuel rail somewhere......this also proves the fuel line is not crimped or blocked.

    If the high pressure pump is not delivering, then its a lot more complicated.

    If there is a fuel filter in the line, change it anyway.
  • Scoobully147's Avatar
    Hi all, sorry for not being specific, the car is an Audi Quattro 2009 3.0 tdi s line 242ps, the code was on the aux belt cover (CCW) it has no timing belt just chain driven, it’s in the hands of someone I trusted and that had been recommended too, he can’t solve the issue and almost refuses to hand me back the car too. If anyone else has a problem with a mechanic or an Audi then god help you :-/

    Regards

    Steve
  • Scoobully147's Avatar
    It goes into limp mode when you try to accelerate, as if the demand is too high, the injectors have been tested, it has a new filter, both sensors on rails and a new regulator on the HPFP, I don’t think he has the proper equipment to test it properly, I have told him if is not fixed by this Saturday coming then I will collect the car and take it to a specialist !!

    Steve
  • Markdas's Avatar
    Not sure what to suggest.....

    If your mechanic has done the basic fault finding and still has an issue, would suggest that it needs an Audi diagnostics session.....

    The TDi engine has many sensors that all provide info to the ECU and other ECU's that form part of the chassis.....changing the engine often requires re-coding the engine sensors, the key, alarm, immobiliser and ECU.....
  • Scoobully147's Avatar
    It seems that the knowledge of folk on here is better than my mechanics !! I will extract the car from his grasp on Saturday and get it looked at properly, will keep you updated thank you all ....

    Steve
  • Markdas's Avatar
    I think our threads crossed over...i was under the impression the car was not actually starting and running.....but seems you have it started and driving to some extent....which is good.

    So now with some running and limp mode, is the only fault code is P0087?
  • Scoobully147's Avatar
    Lol, sorry about that Markdas, yes the only fault code is P0087, puts it into limp mode when you try to accelerate above about 3000 rpm
  • Markdas's Avatar
    Do you know if this was in Sport mode or Normal (I assume its an auto) with the new engine did your mechanic swop any parts over like turbo etc or was it a complete and known engine that was fitted?
  • Markdas's Avatar
    Are there any other warning lights on the dash, such as the glow plug light?

    There is a fuel pump in the tank and that needs to be verified as good! for sure!

    Then the line to the High Pressure pump I think has a screen in the supply line, you should be able to check that quite easily. Confirm the main fuel filter has been changed since the new engine.

    After that its the High pressure pump, which is driven by the timing belt if your engine is the CCWA....did your guy do the timing belt also......

    What was the failure mode of the old engine? Just curious that it was a fuel pressure related problem that caused a failure?
  • Scoobully147's Avatar
    Hi again Markdas,
    I can only presume that it would have been in normal and not sport, yes it’s auto transmission, the CCW engine I acquired was a 41k out of a damaged Q7, with injectors, I am not aware of any other warning lights on the dash, because I’m not in very good terms with my mechanic just now.
    The supplied engine was a short engine, so all that came off bad engine went on the good one, turbo etc, I would love to have a tinker myself, but I don’t have the complicated equipment, when I was young I used to strip ford 2.0 pinto engines and even a ford V6 2.8 and refit into a Capri !!
    The failure of the old engine was melted piston which in turn took out the bore too, it originally went in for a static regeneration, which he performed, shortly after, it went back in for the same thing, this time it stayed in because he discovered oil in the DPF filter and exhaust, that was 9 and a half months back, he says it was due to poor servicing, clogged filters in the fuel line and poor oil quality cause it’s not been changed for 50k, he insists it was a faulty injector caused by poop fuel filter, that caused the whole muck up, ready or not I just want the car back, £9750 I paint for it, and out of a year, I’ve driven in for only 2 and a half months, I appreciate all the help, it’s making me feel more positive thank you, and with advice from on here, I’ll keep you all posted on it’s outcome.

    Regards

    Steve
  • Hometune's Avatar
    Guest
    The mistake here is assuming the pump is good. It has not been tested or checked so there is no way of knowing. Here is a snapshot taken from VCDS, the VW/Audi diagnostic tool on an identical car with the P0087 low pressure fault code:

    Address 01: Engine Labels: 059-907-401-V2.clb
    Control Module Part Number: 4L1 910 401 H HW: 4L0 907 401 C
    Component and/or Version: 3.0TDI EDC17 H37 0005
    Software Coding: 2A2A4012A52701020000
    Work Shop Code: WSC 31414 790 00001
    ASAM Dataset: EV_ECM30TDI0114L1910401H 001010 (AU56)
    ROD: EV_ECM30TDI0114L1910401H.rod
    VCID: 28540D1653D8B00181-807C
    1 Fault Found:

    5211 - Fuel Rail/System Pressure
    P0087 00 [101] - Too Low
    Not Confirmed - Tested Since Memory Clear
    Freeze Frame:
    Fault Status: 00000001
    Fault Priority: 2
    Fault Frequency: 1
    Mileage: 113072 km
    Date: 2017.04.12
    Time: 19:19:27

    Engine speed: 2602.00 /min
    Normed load value: 99.6 %
    Vehicle speed: 58 km/h
    Coolant temperature: 71 °C
    Intake air temperature: 38 °C
    Ambient air pressure: 1010 mbar
    Voltage terminal 30: 14.080 V
    Unlearning counter according OBD: 80
    Fuel temperature: 35.9 °C
    Mean injection quantity: 70.71 mg/stroke
    Rail pressure regulation: status-Bit 0: 00000101
    Fuel high pressure: actual value: 1.3188e+006 hPa
    High fuel pressure: specified value: 1.9416e+006 hPa
    Pressure control valve adaptation factor: 1.0398
    Fuel level: 83.00 l


    Readiness: 0 0 0 0 1

    Most of it you wont follow but there are two lines that show up a fault which I've highlighted. The actual value against the specified value shows a big discrepancy. The ECU has a map that determines the fuel pressure at any given time based on all the other sensors around the engine. In this example the actual is 1.3188 but the specified is 1.9416 hPa(hectopascals). This is causing the fault code.
    Fuel pressure drop can be caused by one or more of the injectors leaking off too much fuel so a simple leak off test must be done first. It can also be caused by a fuel restriction i.e. the fuel filter. As the rail sensors have been replaced that just leaves the pump. Would be worth removing the fuel filter carefully, placing it on a clean cloth or paper and cutting it open. See if there are any metal particles which may be fuel pump failure. Looking in the bowl of the fuel filter housing and shining a light may also show up metal swarf. If there is, then the whole fuel system needs to be taken apart and cleaned thoroughly or replaced (dealers do not clean, they only replace and it gets expensive).

    The answer is to take the car to your nearest Bosch Service Centre who can do all the correct work to fix your car. Nationwide company so one near you: https://www.boschcarservice.com/gb/e...orkshop_search
  • Scoobully147's Avatar
    Cheers hometune, it would seem, people on here know a lot more than my mechanic, I shall follow this information up, and keep you informed of the outcome :-)