Bought a quad, can't find serial number
Discussion
Before you all start telling me I'm a moron, yes I know, I should have checked before I bought it, but that's passed now. Yes, I know. I KNOW!
I've been having a pretty frankly crap 6 months, my stepdad died just before Christmas unexpectedly and all of our lives have been turned upside down. It doesn't really affect this post, but it might help to explain the mood I'm in right now. It would have been his birthday today.
We have a crappy 25 year old Honda quad that is on its last legs, we use it for quite a lot on our smallholding so when mum gave me some money from my stepdad I decided to buy a quad.
I found a 2011 Honda Foreman 500FA in the local village for £3250, we went to look at it and the people selling it were decent and had been using it on their farm. It was a bit tatty, but for the money it was fine.
We got it home and it wouldn't start, I'm giving the sellers the benefit of the doubt as it did start when we were there, they came out to look at it on Sunday and offered to replace the starter motor.
However before they turned up I was looking over it and where the serial number should be it looks like it has been removed, so I pointed this out to them. They said they would contact a friend who knows quads and if that is the case they will refund us.
Later on Sun they messaged and said whilst they will fix the starter they won't refund us as they have had a £3k bill for vets fees for their dog and can't afford to pay us back.
The main problem we have, other than it potentially being stolen, is that we can't insure it without a serial number and wouldn't be able to afford to replace it at this moment in time (we are shortly going to have to fund maternity leave for my wife) if it got stolen.
We talked to a friend and he has suggested that we need to return it under the sale of goods act as it is not fit for purpose as we cannot insure it.
We mentioned this to them and they have not taken it well and have apparently got the documents to prove it is legit (although when we asked if they had any doc with it they said no, so I'm inclined to believe it's a bluff).
We even said they could take it back and sell it, then pay us back but they are refusing to accept it back.
What is our next step? I just want the bloody thing gone, even if they fix it I don't want to see it again.
I'm just so angry and frustrated with the whole thing but I don't know if I can do anything.
Thank you.
I've been having a pretty frankly crap 6 months, my stepdad died just before Christmas unexpectedly and all of our lives have been turned upside down. It doesn't really affect this post, but it might help to explain the mood I'm in right now. It would have been his birthday today.
We have a crappy 25 year old Honda quad that is on its last legs, we use it for quite a lot on our smallholding so when mum gave me some money from my stepdad I decided to buy a quad.
I found a 2011 Honda Foreman 500FA in the local village for £3250, we went to look at it and the people selling it were decent and had been using it on their farm. It was a bit tatty, but for the money it was fine.
We got it home and it wouldn't start, I'm giving the sellers the benefit of the doubt as it did start when we were there, they came out to look at it on Sunday and offered to replace the starter motor.
However before they turned up I was looking over it and where the serial number should be it looks like it has been removed, so I pointed this out to them. They said they would contact a friend who knows quads and if that is the case they will refund us.
Later on Sun they messaged and said whilst they will fix the starter they won't refund us as they have had a £3k bill for vets fees for their dog and can't afford to pay us back.
The main problem we have, other than it potentially being stolen, is that we can't insure it without a serial number and wouldn't be able to afford to replace it at this moment in time (we are shortly going to have to fund maternity leave for my wife) if it got stolen.
We talked to a friend and he has suggested that we need to return it under the sale of goods act as it is not fit for purpose as we cannot insure it.
We mentioned this to them and they have not taken it well and have apparently got the documents to prove it is legit (although when we asked if they had any doc with it they said no, so I'm inclined to believe it's a bluff).
We even said they could take it back and sell it, then pay us back but they are refusing to accept it back.
What is our next step? I just want the bloody thing gone, even if they fix it I don't want to see it again.
I'm just so angry and frustrated with the whole thing but I don't know if I can do anything.
Thank you.
Private sale?
You have very limited rights.
The seller must have the right to sell the goods.
The goods must match the description given by the seller.
If the quad is stolen then the seller would not have had the right to sell the goods.
Likely the Police would seize the item - although I think there may be a 'bought in good faith' thing that would allow you to keep it but you'll need someone qualified to go into that for you.
If an insurance company had paid out to a loser of this item then it would be the property of the insurance company
Getting your money back from your seller could be problematic even if you got a CCJ against them.
CRA 2015 rights - satisfactory quality, fit for purpose - don't apply as that only covers purchases made to a private individual from a business, not a private seller.
You have very limited rights.
The seller must have the right to sell the goods.
The goods must match the description given by the seller.
If the quad is stolen then the seller would not have had the right to sell the goods.
Likely the Police would seize the item - although I think there may be a 'bought in good faith' thing that would allow you to keep it but you'll need someone qualified to go into that for you.
If an insurance company had paid out to a loser of this item then it would be the property of the insurance company
Getting your money back from your seller could be problematic even if you got a CCJ against them.
CRA 2015 rights - satisfactory quality, fit for purpose - don't apply as that only covers purchases made to a private individual from a business, not a private seller.
It’s the first bit that they will fall foul of if it’s stolen. They won’t have the title to it (necessarily) to sell it.
Is is road registered?
If so, do an HPI check and see if the rev comes up stolen?
Do you have any paperwork with the chassis number showing as to what it should be?
Is is road registered?
If so, do an HPI check and see if the rev comes up stolen?
Do you have any paperwork with the chassis number showing as to what it should be?
austinsmirk said:
Who buys a quad from a gypsy with no serial number or docs ?
Arguably just keep it on your land and hope the actual owner never wants it back.
At this point I think I'm just going to let the rural crimes division of the police know and see what they do.Arguably just keep it on your land and hope the actual owner never wants it back.
The people were actually quite decent with a lovely farm. I still should have checked the serial though.
And no, it's not road registered so no VRN or log book
paintman said:
Private sale?
You have very limited rights.
The seller must have the right to sell the goods.
The goods must match the description given by the seller.
If the quad is stolen then the seller would not have had the right to sell the goods.
Likely the Police would seize the item - although I think there may be a 'bought in good faith' thing that would allow you to keep it but you'll need someone qualified to go into that for you.
If an insurance company had paid out to a loser of this item then it would be the property of the insurance company
Getting your money back from your seller could be problematic even if you got a CCJ against them.
CRA 2015 rights - satisfactory quality, fit for purpose - don't apply as that only covers purchases made to a private individual from a business, not a private seller.
Thanks, that's disappointing, but does make sense You have very limited rights.
The seller must have the right to sell the goods.
The goods must match the description given by the seller.
If the quad is stolen then the seller would not have had the right to sell the goods.
Likely the Police would seize the item - although I think there may be a 'bought in good faith' thing that would allow you to keep it but you'll need someone qualified to go into that for you.
If an insurance company had paid out to a loser of this item then it would be the property of the insurance company
Getting your money back from your seller could be problematic even if you got a CCJ against them.
CRA 2015 rights - satisfactory quality, fit for purpose - don't apply as that only covers purchases made to a private individual from a business, not a private seller.
james6546 said:
austinsmirk said:
Who buys a quad from a gypsy with no serial number or docs ?
Arguably just keep it on your land and hope the actual owner never wants it back.
At this point I think I'm just going to let the rural crimes division of the police know and see what they do.Arguably just keep it on your land and hope the actual owner never wants it back.
The people were actually quite decent with a lovely farm. I still should have checked the serial though.
And no, it's not road registered so no VRN or log book
Good luck, I would be furious with myself if it was me
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