HPI checked a car I've just given a deposit for...

HPI checked a car I've just given a deposit for...

Author
Discussion

Sawyer815

Original Poster:

49 posts

106 months

Thursday 2nd July 2015
quotequote all
Yeah I'll do a HPI check before going to see any car, and I'll still ask to see it at the dealership just to see what I'm being told.

So. Letter sent, received, and the MX-5 has been put back online a couple hours ago. Let's see if the money pops up on my account, if not... well, plan B I guess.

nickfrog

21,140 posts

217 months

Thursday 2nd July 2015
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Fingers crossed for you. What's plan B ?

UK345

441 posts

158 months

Sunday 5th July 2015
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Nightmare id report his ad and make the advertising company aware. Need to be so careful these days as most cars are on finance. Good luck getting the cash back - will be hard work. He's probably laughing about it down his local now

edo

16,699 posts

265 months

Monday 6th July 2015
quotequote all
http://www.autotrader.co.uk/classified/advert/2015...

CAPS ADVERT AHOY. Enough reason not to buy a car aside from anything else wink

loskie

5,216 posts

120 months

Monday 6th July 2015
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we could all fill up his inbox

its a bit far to go round and put his windows in

eliot

11,426 posts

254 months

Monday 6th July 2015
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Any traders in the house who can run the reg to see if the finance has cleared?

TREMAiNE

3,917 posts

149 months

Monday 6th July 2015
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Update?

Butter Face

30,298 posts

160 months

Monday 6th July 2015
quotequote all
eliot said:
Any traders in the house who can run the reg to see if the finance has cleared?
Amazingly the finance has now been cleared and the security watch market removed.

TooMany2cvs

29,008 posts

126 months

Monday 6th July 2015
quotequote all
k9l3k said:
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.
All of which will be on the MOT certificate, too. You did see the MOT, right, OP? Or was that "with the V5C"?

At least the finance has proved to be legit, by the sound of it.

Sawyer815

Original Poster:

49 posts

106 months

Monday 6th July 2015
quotequote all
So, update...

As was absolutely not predictable (the level of sarcasm is incredible), I did not get a penny back. I'll call my bank tomorrow to try to use chargeback, I'm pretty sure it will be useless but hey, you never know.
I will not try to get him to court or something, the court fees themselves would almost add up to half the deposit I've lost, and legally I'm not even sure I am right here.

Hum, so the finance got cleared then? I guess the guy was not a crook after all, just a complete tool. I sincerely hope he'll choke on his £500, hopefully it won't be used to finance ISIS (woops, can I get banned for dark/slightly racist jokes?).
Anyway, you all pretty much agreed with me back then, the whole situation was very sketchy. No regret there.


swisstoni

16,985 posts

279 months

Monday 6th July 2015
quotequote all
I recon a chat with Citizens Advice is worth doing. Small claims court not an expensive thing to do.
You put a deposit on something that the seller did not own at the time.

Zad

12,699 posts

236 months

Monday 6th July 2015
quotequote all
The Small Claims court costs £35 if you apply online, for sums of £300.01 to £500

https://www.gov.uk/make-court-claim-for-money/cour...

edo

16,699 posts

265 months

Monday 6th July 2015
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What did the seller say. Did you call him?

TooMany2cvs

29,008 posts

126 months

Tuesday 7th July 2015
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Sawyer815 said:
So, update...
So your objections were finance (turned out to be clear) and mileage (did you see the MOT?)?

edo

16,699 posts

265 months

Tuesday 7th July 2015
quotequote all
There was the small point he couldnt have collected the car for a month since he couldnt tax it till the V5 came back, and additionally had no wy of verifying the number of woners etc. At the time there was finance. I dont see why he shold not get his deposit back.

VolvoT5

4,155 posts

174 months

Tuesday 7th July 2015
quotequote all
Sawyer815 said:
So, update...

As was absolutely not predictable (the level of sarcasm is incredible), I did not get a penny back. I'll call my bank tomorrow to try to use chargeback, I'm pretty sure it will be useless but hey, you never know.
I will not try to get him to court or something, the court fees themselves would almost add up to half the deposit I've lost, and legally I'm not even sure I am right here.
Small claims court is very simple / cheap: http://www.moneysavingexpert.com/reclaim/small-cla... , it is going to cost you about £50 if you include postage, etc. You can do it via money claim online https://www.moneyclaim.gov.uk/web/mcol/welcome

Of course even if you win there is no guarantee of getting paid and you could end up an extra £50 down.
So many people threaten god knows what to get a deposit back or a dodgy car repaired but they never follow through, so these dodgy dealers just ignore it. However the court papers dropping on the dealers door step might make him see sense; at very least he has to go to the effort to file a defense as otherwise you will win by default.


lostkiwi

4,584 posts

124 months

Tuesday 7th July 2015
quotequote all
VolvoT5 said:
Sawyer815 said:
So, update...

As was absolutely not predictable (the level of sarcasm is incredible), I did not get a penny back. I'll call my bank tomorrow to try to use chargeback, I'm pretty sure it will be useless but hey, you never know.
I will not try to get him to court or something, the court fees themselves would almost add up to half the deposit I've lost, and legally I'm not even sure I am right here.
Small claims court is very simple / cheap: http://www.moneysavingexpert.com/reclaim/small-cla... , it is going to cost you about £50 if you include postage, etc. You can do it via money claim online https://www.moneyclaim.gov.uk/web/mcol/welcome

Of course even if you win there is no guarantee of getting paid and you could end up an extra £50 down.
So many people threaten god knows what to get a deposit back or a dodgy car repaired but they never follow through, so these dodgy dealers just ignore it. However the court papers dropping on the dealers door step might make him see sense; at very least he has to go to the effort to file a defense as otherwise you will win by default.
^^^ This all day long ^^^

I had a dispute with someone over some money they owed me. They had said they would give it back then they wanted to deduct some so I said ok see you in court and they laughed.
Net result was I filed with moneyclaim online, they paid up before it hit court including the cost of bringing the action.
Someone else tried to claim some money I had lent him was 'a gift' so that went through the court as well in the same way. He foolishly tried to defend it and lost so it cost him even more than if he'd been honest in the first place.
If you have good clear documentation and can explain to a court clearly why you believe you are right and provide all correspondence you have sod all to lose.

All that jazz

7,632 posts

146 months

Tuesday 7th July 2015
quotequote all
lostkiwi said:
If you have good clear documentation
He does - it's posted earlier in the thread. It states that there was no V5 and the deposit was non-refundable, ergo the magistrate will laugh at him and show him the door.

The finance and security marker have now been cleared as the seller said they would so he now has no reason not to proceed as he knew the V5 was missing before he decided to buy it.

In summary his only options are :

1. Lose £500 and move on.
2. Pay the balance and take the car away.

eliot

11,426 posts

254 months

Tuesday 7th July 2015
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Has to be said that the receipt is pretty much a slam-dunk I think. Dealer took advantage of your naivety of the logbook/ability to tax situation and was probably expecting you to bail - hence why its written on it so clearly.

A reputable dealer would of made sure the vehicle was ready for sale, i.e. HPI clear and in possession of the V5.

swisstoni

16,985 posts

279 months

Tuesday 7th July 2015
quotequote all
All that jazz said:
lostkiwi said:
If you have good clear documentation
He does - it's posted earlier in the thread. It states that there was no V5 and the deposit was non-refundable, ergo the magistrate will laugh at him and show him the door.

The finance and security marker have now been cleared as the seller said they would so he now has no reason not to proceed as he knew the V5 was missing before he decided to buy it.

In summary his only options are :

1. Lose £500 and move on.
2. Pay the balance and take the car away.
Disagree. Finance was o/s. Car not owned by seller. Where does it say that in the 'documentation'?