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

[Sawyer815]

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.

[Sawyer815]

gizlaroc said:

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?

Thanks, I think that's my best line of defense as well.

Here is the receipt :

[Sawyer815]

I sent the letter through special delivery, I don't expect much but... you never know.

Quick question guys, as I am looking at other cars (life doesn't stop, I still need a car!) : if the ad is from a "proper" dealership and clearly stated "HPI and VOSA checked", is it still worth doing a HPI check myself? Or do I just ask to see the report if I'm interested ?

Thank you again for all your answers by the way. I don't know many people in UK yet so it is much appreciated.

[Sawyer815]

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.

[Sawyer815]

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.

[Sawyer815]

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.

Exactly what I think (well, excepted point 2, I definitely don't trust this car or this moron anymore). I've been careless and naive on that one. The absence of V5c is written on the signed deposit slip, so I can't use that on court. The mileage discrepancy would not be enough, there is the finance left. It's been paid off since... Honestly, I know (and I think he'd know) that if I take this to court, I might just not win.

The other thing is, apparently, it's £35 to file a claim, BUT if the guy doesn't pay and you have to take him to court, there is another higher fee to pay. AND, if he wins, he can ask for his expenses to be reimbursed by you. And I'd bet this nasty jackass wouldn't hesitate in doing so.

That's why I'll call my bank, ask if by any chance they can do something, potentially I'll call citizenadvice for... well, advice, but if the answers are negative, I'll just move on.