HPI checked a car I've just given a deposit for...
Discussion
Deerfoot said:
swisstoni said:
No. The seller's loss is quite evident - he was in a contract to sell a car and benefit from the proceeds.
Failing to make a profit today isn't quite the same as making a loss though is it?What loss has the vendor suffered at this point?
I know we're only getting one side of the story but it appears to be a pretty poor experience for the OP so far...
I sympathise with the OP as I have been a bit deposit-happy myself in the past. And I had to get legal advice about it.
And the advice was not reassuring.
Recorded Delivery only gets signed for on delivery which is NOT GUARANTEED
Special Delivery GUARANTEES DELIVERY and is secure/signed for.
I use the latter for important documents.
Speak to CAB (Citizen Advice Bureaus(sp??) )tomorrow.
Get proper advice from one source rather than trying to piece together bits and bobs from forum members.
Don't just hear what you want to hear(that's why you are here in the first place) listen to any professional advice given.
I would say the same for any advice you are given on the MSE forum where I see you have posted too. A lot are very forthright with advice but have no real knowledge.
Special Delivery GUARANTEES DELIVERY and is secure/signed for.
I use the latter for important documents.
Speak to CAB (Citizen Advice Bureaus(sp??) )tomorrow.
Get proper advice from one source rather than trying to piece together bits and bobs from forum members.
Don't just hear what you want to hear(that's why you are here in the first place) listen to any professional advice given.
I would say the same for any advice you are given on the MSE forum where I see you have posted too. A lot are very forthright with advice but have no real knowledge.
Dont worry about the mileage check you can do a mot history check online you need the reg and last mot number and it will show you all or most of the mot.s after 3 years old.
Hpi mileage checks are rubbish as they nearly always conflict. Some people log wrong mileages on the log book when they do keeper change ect.
Just go on mot history and service book.
Hpi mileage checks are rubbish as they nearly always conflict. Some people log wrong mileages on the log book when they do keeper change ect.
Just go on mot history and service book.
Send the letter, but waste of time.
Tell your credit card company now, and also report to trading standards.
How could you possibly collect the car if he isnt requesting the V5 till you pay for it? You cant tax the car. So you'd pay for it and leave it there for 4 weeks??
The seller is not acting professionally. The mileage discrepancy is irrelevant - he's trying to sell a car with finance, a car he claims is his sons, yet they dont have the V5.
Tell your credit card company now, and also report to trading standards.
How could you possibly collect the car if he isnt requesting the V5 till you pay for it? You cant tax the car. So you'd pay for it and leave it there for 4 weeks??
The seller is not acting professionally. The mileage discrepancy is irrelevant - he's trying to sell a car with finance, a car he claims is his sons, yet they dont have the V5.
edo said:
Send the letter, but waste of time.
Tell your credit card company now, and also report to trading standards.
How could you possibly collect the car if he isnt requesting the V5 till you pay for it? You cant tax the car. So you'd pay for it and leave it there for 4 weeks??
The seller is not acting professionally. The mileage discrepancy is irrelevant - he's trying to sell a car with finance, a car he claims is his sons, yet they dont have the V5.
The problem is that, considering I did not know I could not tax the car without the V5, I acknowledge it's absence on the signed deposit slip. So I am guessing that I cannot use this reason to ask for my deposit back...Tell your credit card company now, and also report to trading standards.
How could you possibly collect the car if he isnt requesting the V5 till you pay for it? You cant tax the car. So you'd pay for it and leave it there for 4 weeks??
The seller is not acting professionally. The mileage discrepancy is irrelevant - he's trying to sell a car with finance, a car he claims is his sons, yet they dont have the V5.
loskie : Thanks, I'll talk to the CAB.
Sawyer815 said:
edo said:
Send the letter, but waste of time.
Tell your credit card company now, and also report to trading standards.
How could you possibly collect the car if he isnt requesting the V5 till you pay for it? You cant tax the car. So you'd pay for it and leave it there for 4 weeks??
The seller is not acting professionally. The mileage discrepancy is irrelevant - he's trying to sell a car with finance, a car he claims is his sons, yet they dont have the V5.
The problem is that, considering I did not know I could not tax the car without the V5, I acknowledge it's absence on the signed deposit slip. So I am guessing that I cannot use this reason to ask for my deposit back...Tell your credit card company now, and also report to trading standards.
How could you possibly collect the car if he isnt requesting the V5 till you pay for it? You cant tax the car. So you'd pay for it and leave it there for 4 weeks??
The seller is not acting professionally. The mileage discrepancy is irrelevant - he's trying to sell a car with finance, a car he claims is his sons, yet they dont have the V5.
loskie : Thanks, I'll talk to the CAB.
The guy is a
, dont buy his car even if you do end up having to take him to small claims court.Does the reciept say "non refundable" on it?
edo said:
Ok, well at least you have the finance issue and the mileage discrepancy (although I think we all agree that is probably a non issue).
The guy is a, dont buy his car even if you do end up having to take him to small claims court.
Does the reciept say "non refundable" on it?
Yep, it says non-refundable if I withdraw. But that's not really what happens here right ? The fact that the car still belonged to the finance company at the moment of the deposit makes the contract void, doesn't it? The guy is a
, dont buy his car even if you do end up having to take him to small claims court.Does the reciept say "non refundable" on it?
But definitely, as I said before, I will not buy his car, that's certain. If I have to lose the £500, so be it.
Edited by Sawyer815 on Sunday 28th June 12:10
OP go to the sellers house get your deposit back, your being to nice the car isn't his to sell it belongs to the finance company, so your deposit is REFUNDABLE just go & get it bring someone with you as a witness your points are as follows.
1) At this moment in time there is finance outstanding.
2) There's a mileage discrepancy
3) There's no V5
All of which means the car is not ready to be sold.
1) At this moment in time there is finance outstanding.
2) There's a mileage discrepancy
3) There's no V5
All of which means the car is not ready to be sold.
I have tried going to the guys house, did not happen. I can't quite force him into giving me my deposit back on the spot, can I?
I will still try to send the letter. There is a big chance it's just for him to gain some time, but it still kinda makes sense. If he just pays me back without a formal (written) request from me, I could then go "oh you broke the contract I'll sue you".
I will still try to send the letter. There is a big chance it's just for him to gain some time, but it still kinda makes sense. If he just pays me back without a formal (written) request from me, I could then go "oh you broke the contract I'll sue you".
justanother5tar said:
imagineifyeswill said:
Its the sons company but he father has all the authority would suggest to me that the father is possibly a bankrupt or banned from being a company director. Good luck with trying to get money back from someone like that, you may not be the only one with problems, the son could find himself in a sticky situation one of these days.
+1. None of it seems quite right to me.
when at college my then GF was having trouble getting her deposit back from a landlord. I happened to meet him one night outside a takeaway (he had a distinctive reg on a new XR3i Convertible) and said something like it would be easy to cause £x amount of damage to his car at anytime(small town easy find) without proof of who did it.
Very shortly after she got her money. Maybe a coincidence maybe not. But made me feel better.
Very shortly after she got her money. Maybe a coincidence maybe not. But made me feel better.
Sawyer815 said:
I have tried going to the guys house, did not happen. I can't quite force him into giving me my deposit back on the spot, can I?
I will still try to send the letter. There is a big chance it's just for him to gain some time, but it still kinda makes sense. If he just pays me back without a formal (written) request from me, I could then go "oh you broke the contract I'll sue you".
Unfortunately it sounds like he's not going to give up without a fight. Get a letter before action in the post giving him a deadline (14 days) to pay you back, otherwise you will use Moneyclaim online (the small claims court) to get your money back. I will still try to send the letter. There is a big chance it's just for him to gain some time, but it still kinda makes sense. If he just pays me back without a formal (written) request from me, I could then go "oh you broke the contract I'll sue you".
He will either be hoping you won't take it further, or he won't actually have money to pay you. Either way this should flush him out.
http://www.moneysavingexpert.com/reclaim/small-cla...
What a rubbish start to life in the UK - I'm sorry that you had this experience!
0a said:
Unfortunately it sounds like he's not going to give up without a fight. Get a letter before action in the post giving him a deadline (14 days) to pay you back, otherwise you will use Moneyclaim online (the small claims court) to get your money back.
He will either be hoping you won't take it further, or he won't actually have money to pay you. Either way this should flush him out.
http://www.moneysavingexpert.com/reclaim/small-cla...
What a rubbish start to life in the UK - I'm sorry that you had this experience!
Problem is, if I understand well, legally it's not looking too good. It's very possible that he's in his right not to refund the deposit. If he had the slightest pinch of humanity, he would, because my reasons for cancelling the sale are genuine and understandable, but I'm fairly not certain court would state in my favor.He will either be hoping you won't take it further, or he won't actually have money to pay you. Either way this should flush him out.
http://www.moneysavingexpert.com/reclaim/small-cla...
What a rubbish start to life in the UK - I'm sorry that you had this experience!
So, considering it's around £40 to make a claim, then potentially more to bring the guy to a tribunal if he doesn't give up, and considering the guy very obviously has far more money than I have (or he's very good at pretending he does), I'm not sure it's a good idea.
Besides, don't be sorry. I've been careless. And, this small mishap excepted, I'm pretty happy with the start of my life in the UK at the moment!
why not just let him to produce the V5 (or whatever relevant doc is required in th UK), a letter from the finance company and take the car (is there anything wrong with the car) ?
You'll forget about him and all this pfaffing faster than you will feeling stung for £500./ quid.
Perhaps your letter to him could start with this, time box it and if he can't provide everything that's required to take the car (V5 for tax?) then it's a no sale and you want your deposit back as he can't complete.
You'll forget about him and all this pfaffing faster than you will feeling stung for £500./ quid.
Perhaps your letter to him could start with this, time box it and if he can't provide everything that's required to take the car (V5 for tax?) then it's a no sale and you want your deposit back as he can't complete.
Edited by craig_m67 on Sunday 28th June 16:00
Sawyer815 said:
0a said:
Unfortunately it sounds like he's not going to give up without a fight. Get a letter before action in the post giving him a deadline (14 days) to pay you back, otherwise you will use Moneyclaim online (the small claims court) to get your money back.
He will either be hoping you won't take it further, or he won't actually have money to pay you. Either way this should flush him out.
http://www.moneysavingexpert.com/reclaim/small-cla...
What a rubbish start to life in the UK - I'm sorry that you had this experience!
Problem is, if I understand well, legally it's not looking too good. It's very possible that he's in his right not to refund the deposit. If he had the slightest pinch of humanity, he would, because my reasons for cancelling the sale are genuine and understandable, but I'm fairly not certain court would state in my favor.He will either be hoping you won't take it further, or he won't actually have money to pay you. Either way this should flush him out.
http://www.moneysavingexpert.com/reclaim/small-cla...
What a rubbish start to life in the UK - I'm sorry that you had this experience!
So, considering it's around £40 to make a claim, then potentially more to bring the guy to a tribunal if he doesn't give up, and considering the guy very obviously has far more money than I have (or he's very good at pretending he does), I'm not sure it's a good idea.
Besides, don't be sorry. I've been careless. And, this small mishap excepted, I'm pretty happy with the start of my life in the UK at the moment!
As I understand it, the vendor has (successfully) attempted to sell you a car which is not rightfully his to sell. They have extracted a deposit from you, which they are reluctant to pay back. Is this not "obtaining pecuniary advantage by deception" (Now falls under the "Deception" charge I believe). As this is for their financial gain, it is also Fraud.
Definitely get a legal opinion off your local Citizens Advice Bureau.
ETA: Have you tried doing a search for court judgements against the name of the son and/or the father? Might be worth doing.
Definitely get a legal opinion off your local Citizens Advice Bureau.
ETA: Have you tried doing a search for court judgements against the name of the son and/or the father? Might be worth doing.
craig_m67 : I just really don't trust the man or his business anymore, so I will definitely not give him any more money. The car itself seemed good, but after that story I wouldn't be surprised if flaws started to appear few days after I drive it home.
Besides, on the deposit slip I acknowledged the absence of V5 (how silly of me, hah), so I don't think I can say "bring the V5 and THEN I'll buy it, or deal is dead".
Zad : Yes, I'll ask the Citizens Advice Bureau, definitely. When I called the finance company, they told me that the car was not his to sell, and they asked me for his name and phone number, saying they will take a close look at this. Maybe the dealer is going to get into trouble through them as well.
And no, I have googled the name of the son (don't know the name of the father sadly), nothing special came up.
Besides, on the deposit slip I acknowledged the absence of V5 (how silly of me, hah), so I don't think I can say "bring the V5 and THEN I'll buy it, or deal is dead".
Zad : Yes, I'll ask the Citizens Advice Bureau, definitely. When I called the finance company, they told me that the car was not his to sell, and they asked me for his name and phone number, saying they will take a close look at this. Maybe the dealer is going to get into trouble through them as well.
And no, I have googled the name of the son (don't know the name of the father sadly), nothing special came up.
But he told you it was his car to sell and had no outstanding finance on it, and that is no longer the truth, the finance house own it.
I would call the bank and tell them this fact. Say you agreed to pay the deposit based on the car being his to sell, and say that he told you that the V5 was not an important document in the UK. You have since been told it is needed for taxing the car and shows you who owns the car. Play him at his own game.
Can you scan the deposit receipt in so we can maybe give you some angles to go at?
I would call the bank and tell them this fact. Say you agreed to pay the deposit based on the car being his to sell, and say that he told you that the V5 was not an important document in the UK. You have since been told it is needed for taxing the car and shows you who owns the car. Play him at his own game.
Can you scan the deposit receipt in so we can maybe give you some angles to go at?
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