Return of Deposit from Private Buyer

Return of Deposit from Private Buyer

Author
Discussion

tony wright

Original Poster:

1,004 posts

249 months

Friday 24th July 2015
quotequote all
Son in Law paid a hundred pound deposit (car cost just under a grand) on a small car for my Daughter from a private seller. He said the car is in good condition with a low mileage but had no V5, MOT's or service history (advertised as full SH) as the guy has recently moved house and sent off the V5 to show change of address.

Move on a couple of weeks and guy sends him a message saying V5 is now back, but DVLA still have all the other paperwork i.e. Service history, receipts for bought parts and MOT cert's. He has asked when my SIL would like to collect car, so I have told him to query why he sent service history to DVLA and possibly look to get his deposit back (car was sold from guys house). Question is, does he have any comeback and would getting his deposit back be feasible, could there be any reason for sending service records to the DVLA?

Edited to say, without MOT cert or service history there's no way of verifying mileage.

Al U

2,311 posts

130 months

Friday 24th July 2015
quotequote all
There is no service history, previous MOT's (although you can check them if you have the necessary info) or receipts. He never sent them to the DVLA, he just doesn't have them.

If he doesn't buy the car he won't get his deposit back.

The seller should of waited until all paperwork was in place before they started the selling process.

The end.

pincher

8,497 posts

216 months

Friday 24th July 2015
quotequote all
On a car worth less than a grand, I probably wouldn't be expecting much in the way of SH, or old MOTs (although it would be nice) - it's probably had twelvety owners and stuff like that just becomes less important (to most people) the older a car gets.

JustinP1

13,330 posts

229 months

Friday 24th July 2015
quotequote all
Al U said:
There is no service history, he hasn't sent it to the DVLA.

If he doesn't buy the car he won't get his deposit back.

The seller should of waited until all paperwork was in place before they started the selling process.

The end.
Yes.

No.

Yes.

No. If the car does not actually have full SH and was advertised as such then the buyer can ask for his deposit back.

Al U

2,311 posts

130 months

Friday 24th July 2015
quotequote all
The sequel.

The seller could get a replacement MOT certificate from a garage.

Al U

2,311 posts

130 months

Friday 24th July 2015
quotequote all
JustinP1 said:
Al U said:
There is no service history, he hasn't sent it to the DVLA.

If he doesn't buy the car he won't get his deposit back.

The seller should of waited until all paperwork was in place before they started the selling process.

The end.
Yes.

No.

Yes.

No. If the car does not actually have full SH and was advertised as such then the buyer can ask for his deposit back.
If he doesn't buy the car and manages to get his deposit back I'll eat my hat (I don't have a hat).

Yes he can ask for it, the seller won't give it back as the buyer will pull out. Will he go through small claims over £100? Unlikely. Will the police care? Unlikely.

hornetrider

63,161 posts

204 months

Friday 24th July 2015
quotequote all
Al U said:
JustinP1 said:
Al U said:
There is no service history, he hasn't sent it to the DVLA.

If he doesn't buy the car he won't get his deposit back.

The seller should of waited until all paperwork was in place before they started the selling process.

The end.
Yes.

No.

Yes.

No. If the car does not actually have full SH and was advertised as such then the buyer can ask for his deposit back.
If he doesn't buy the car and manages to get his deposit back I'll eat my hat (I don't have a hat).

Yes he can ask for it, the seller won't give it back as the buyer will pull out. Will he go through small claims over £100? Unlikely. Will the police care? Unlikely.
Tend to agree.

There is no history, that's BS. Ergo the seller is the type who won't be giving deposits back.

It's a life lesson.

JustinP1

13,330 posts

229 months

Friday 24th July 2015
quotequote all
It is a life lesson.

And it is one that you can learn to roll over on, or you can learn to at least discuss things.

It would not hurt to ask the seller "I wanted the car because it had a full service history, without that, the car's not as valuable to me, or another buyer."

Not everyone that PHers come into contact with is an organised scamster, some are just disorganised.

The buyer needs to make a decision whether the FSH is important enough to their decision to make a fuss. For a runabout for a grand, I'm not sure I'd find it paramount.

hornetrider

63,161 posts

204 months

Friday 24th July 2015
quotequote all
Oh I agree, I'd certainly be asking and getting shirty if the deposit was not forthcoming, however I have an inkling it won't be straightforward wink

tony wright

Original Poster:

1,004 posts

249 months

Friday 24th July 2015
quotequote all
Basically told him as much. Biggest thing he has going for him is he's a 6'2 twenty stone plus rugby playerbiggrin guy has also just started his own little business and advertising on Facebook site.

Car is still good value even without service history, it's a 2007 Clio with 40k miles for £900.

Philemon

1,591 posts

195 months

Friday 24th July 2015
quotequote all
Caveat emptor

Al U

2,311 posts

130 months

Friday 24th July 2015
quotequote all
Mileage is quite irrelevant with no history. I'd rather have a higher mileage car with good history.

supertouring

2,228 posts

232 months

Friday 24th July 2015
quotequote all
Why cant he get MOT history from Gov website?

JustinP1

13,330 posts

229 months

Friday 24th July 2015
quotequote all
tony wright said:
Biggest thing he has going for him is he's a 6'2 twenty stone plus rugby playerbiggrin
Your son in law or the 'private seller'!? smile

thescamper

920 posts

225 months

Friday 24th July 2015
quotequote all
pincher said:
On a car worth less than a grand, I probably wouldn't be expecting much in the way of SH, or old MOTs (although it would be nice) - it's probably had twelvety owners and stuff like that just becomes less important (to most people) the older a car gets.
Why not? Im currently running around in 2 owner from new 215000 mile volvo v70 which has 34 stamps from the main dealer in the service book and receipts for about £8 grand in the last 4 years and it cost me just short of £700.

Decent and cheap are not mutually exclusive.

ging84

8,827 posts

145 months

Friday 24th July 2015
quotequote all
he had a contract to supply that exact car with a full service history for £900 if he can't, the only legal remedy in this situation is ritual sacrifice of a kitten. Doing it by biting it's head off is not a requirement, but it is the preferred way.

GreatGranny

9,097 posts

225 months

Friday 24th July 2015
quotequote all
OP - Get him to contact he seller and have a chat. Keep it civil. Explain that he wants the car (if it looks like a good buy) but the lack of SH and receipts is a concern.
Offer to pay a reduced amount.
If he says no ask for deposit back.
maybe go round there and do this in person if he thinks his physical presence will sway things :-)

jhfozzy

1,345 posts

189 months

Friday 24th July 2015
quotequote all
You can get the MOT history including the mileage (if it was entered) online with just the reference number from the V5. This will at least tell you if the 40k is clocked or not.

https://www.gov.uk/check-mot-history-vehicle

btcc123

1,243 posts

146 months

Friday 24th July 2015
quotequote all
The OP said this in his opening post:

Move on a couple of weeks and guy sends him a message saying V5 is now back, but DVLA still have all the other paperwork i.e. Service history, receipts for bought parts and MOT cert's.

So the car has the following service history,receipts for parts and old MOTs but why would the seller send them to the DVLA.My guess is that he may be lying about having sent the other paperwork to the DVLA but pretty stupid to give a deposit without any paperwork present with the car.

e21Mark

16,205 posts

172 months

Friday 24th July 2015
quotequote all
Reading between the lines, it is clear there's no service history etc. As has been said above, politely say that without the advertised history you aren't interested at the agreed price and ask for a reduction. (assuming you feel the car is still worth buying)

Check MOT history online to get an idea of how well / poorly the car has been maintained.

I would think a refund of the deposit is highly unlikely.