Illegal charges? HELP
Author
Discussion

Samee

Original Poster:

24 posts

137 months

Thursday 16th July 2020
quotequote all
I bought a car and the dealer i bought it from said that he himself would have the car taken to a garage where the owner of the garage would fix it. instead he reneged on this and had lied to the garage owner but in reality the garage was closed and he had lied about the work that the garage owner would be undertaking. I've arranged transport after he said that I could take it without charge and later he texted saying that I had to pay otherwise I couldn't move it.
Is this illegal? He has said that he is charging me 20 pounds per day from when i bought it since it hasn't moved but it he said that he would move it... more like he hasn't let me.
I've arranged transport after he said that I could take it without charge and later he texted saying that I had to pay otherwise I couldn't move it.
Is this illegal?

Mr lestat

4,318 posts

219 months

Thursday 16th July 2020
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That sounds very complicated indeed. Not sure what your actually asking or want from this.

BoggoStump

317 posts

78 months

Thursday 16th July 2020
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I sometimes wonder how people buying cars get themselves into so much bother.

Hope you get it sorted OP.

catman

2,504 posts

204 months

Thursday 16th July 2020
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Your post isn't very clear. What was wrong with the car that it needed to go to a garage? Does it still need repairing? If it does, why are you collecting it?

If it needed repairing as part of the sale, then it shouldn't be collected until it's fixed,otherwise the seller could argue that you have accepted it as it is.

Samee

Original Poster:

24 posts

137 months

Thursday 16th July 2020
quotequote all
sorry for not being clear.
I want to know if he is within his legal rights to charge me for the car not being moved off his premises when i've made multiple efforts to move it and he says pay first.
So can I just take it?
What could he do if I did?
The car in question is a jaguar XJS

Samee

Original Poster:

24 posts

137 months

Thursday 16th July 2020
quotequote all
catman said:
Your post isn't very clear. What was wrong with the car that it needed to go to a garage? Does it still need repairing? If it does, why are you collecting it?

If it needed repairing as part of the sale, then it shouldn't be collected until it's fixed,otherwise the seller could argue that you have accepted it as it is.
It was, in that he would transport it to the mechanics at his own expense but didn't and then recently decided to try and charge me since for 'storing it' from the very day i bought it.
Its an old jaguar so needs rust repairs

Samee

Original Poster:

24 posts

137 months

Thursday 16th July 2020
quotequote all
Mr lestat said:
That sounds very complicated indeed. Not sure what your actually asking or want from this.
Can I take my car (doesnt drive) without having to give in to his ridiculous demands of 600 pounds storage for the month?

The_Nugget

746 posts

86 months

Thursday 16th July 2020
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Do you legally own it?
Do you have a contract or an agreement to pay him money for storage or work he has completed?

If the answers are yes I own it and no I haven’t agreed to pay him for work/storage then yes you can. It’s your car. Just take it and if he feels like you owe him money he can sue you.

The_Nugget

746 posts

86 months

Thursday 16th July 2020
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Also, take screenshots of messages and make records of dates and times of what has happened and keep for future reference if needed.

PH_77

1,411 posts

122 months

Friday 17th July 2020
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Samee said:
I bought a car and the dealer i bought it from said that he himself would have the car taken to a garage where the owner of the garage would fix it. instead he reneged on this and had lied to the garage owner but in reality the garage was closed and he had lied about the work that the garage owner would be undertaking. I've arranged transport after he said that I could take it without charge and later he texted saying that I had to pay otherwise I couldn't move it.
Is this illegal? He has said that he is charging me 20 pounds per day from when i bought it since it hasn't moved but it he said that he would move it... more like he hasn't let me.
I've arranged transport after he said that I could take it without charge and later he texted saying that I had to pay otherwise I couldn't move it.
Is this illegal?
Yes, it's illegal I think.

Mr lestat

4,318 posts

219 months

Friday 17th July 2020
quotequote all
Samee said:
Mr lestat said:
That sounds very complicated indeed. Not sure what your actually asking or want from this.
Can I take my car (doesnt drive) without having to give in to his ridiculous demands of 600 pounds storage for the month?
Why doesn’t it drive if it’s Only rust repairs. Also if you have paid him for it and the v5 is in your name and he hasn’t done what he said he would ( backed up with e mail evidence) I would say he is a dodgy dealer for a start.

AngryPartsBloke

1,439 posts

180 months

Friday 17th July 2020
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I don't wish to be rude, but if you want help maybe you could try giving all the information in a clear and succinct way so people know exactly what is going on.

vaud

59,407 posts

184 months

Friday 17th July 2020
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AngryPartsBloke said:
I don't wish to be rude, but if you want help maybe you could try giving all the information in a clear and succinct way so people know exactly what is going on.
^^ this.

Shirt bullet points against a timeline normally help.

  • I took car to mechanic on x date
  • We had a verbal agreement to do abc
etc

anonymous-user

83 months

Friday 17th July 2020
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AngryPartsBloke said:
I don't wish to be rude, but if you want help maybe you could try giving all the information in a clear and succinct way so people know exactly what is going on.
This 100%. I forever wonder why on earth someone expects help with a complex situation but then provides next to no relevant details to enable people to help. Perhaps this is why these people got into these sort of messes?

Plymo

1,267 posts

118 months

Friday 17th July 2020
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Well unless you had an agreement of some sort that he could charge you for storage he can't backdate it. However he probably could say it's £20 per day, from tomorrow for example.
A proper timeline with details would help a lot here!

lukeharding

3,650 posts

118 months

Friday 17th July 2020
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Plymo said:
Well unless you had an agreement of some sort that he could charge you for storage he can't backdate it. However he probably could say it's £20 per day, from tomorrow for example.
A proper timeline with details would help a lot here!
Yes, agree with that. If he informed you that there would be charges from a certain date (in the future), then he would be able to charge you.

Also, where is the car now? Have you paid for it? Has it had any work done to it since you bought it? Have you got a bill of sale from the seller and the V5? Do you have written proof that you've tried to collect the car and that he hasn't let you?

Edited by lukeharding on Friday 17th July 14:02

Samee

Original Poster:

24 posts

137 months

Friday 17th July 2020
quotequote all
lukeharding said:
Yes, agree with that. If he informed you that there would be charges from a certain date (in the future), then he would be able to charge you.

Also, where is the car now? Have you paid for it? Has it had any work done to it since you bought it? Have you got a bill of sale from the seller and the V5? Do you have written proof that you've tried to collect the car and that he hasn't let you?

Edited by lukeharding on Friday 17th July 14:02
Unfortunately I don't have written proof that I tried to collect the car but the truck driver tried to arrange collection with him but he didn't let him saying thay he wante do be paid for storage.
He contacted me on the 15th of July saying he wanted me to pay £20 for it not having moved, but the issue was him saying that i owed him 600 at the time when he mentioned NOTHING ABOUT THEM.
I have a V5 and a receipt from him. I have paid for it.
Nothing in the receipt mentions picking it up

Mr lestat

4,318 posts

219 months

Saturday 18th July 2020
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It sounds very confusing. As said before a concise simple timeline is needed to establish exactly the events leading up to now.

anonymous-user

83 months

Saturday 18th July 2020
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It sounds suspect to me, I think he is hurting financially and trying the screw a bit more money out of you.

Ian Geary

5,599 posts

221 months

Saturday 18th July 2020
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What might help is a very clear letter to the seller explaining your view of events, what you expect to happen, and the consequences of them not happening.

Eg

I bought car on date abc expecting xyz repairs. No additional fees were discussed or agreed

Collection was arranged on date def, but was unable to due to fees being charged that had bot been discussed or agreed

The car belongs to me, and I expect to be able to collect ot without paying any additional fees, which I did not /do not agree to.

I expect the agreed repairs to have been completed.

You have 7 days to arrange this otherwise my view is you have broken the contract we made and will use the small claims court to recover my loss, up to the value paid for the car if I am unable to take delivery of it.


Note i've not read all the details, but this has all the hallmarks of communication breakdown.

Plus a clear letter (recorded delivery) will help no end if it does go legal.

Hth

Ian