legaal question regarding dealers

[snazza]

Good Morning all ...looking for some good legal advice if anyone can help me......
basically signed a sale or return document with a dealer about 3 weeks ago which stated that if in 7 days the car was not sold that the vehical would be returned to me. upshot is ...the dealer agreed to buy it for an agreed figure ...fine no probs ....and said that he would make payment via chaps to my bank account. its now 3 weeks later and I have no money ....i have been calling this guy everyday to try and get this resolved ...always to find some emotional sob story.....so last week asked him to return the car to me .....still hasent been done!!! help what do i do ?...is legaal assistance gonna cost me a fortune ?....is there a quicker more equitable way to do things? ...can I call the police......sorry to bug ....but really embarressed to be in this position

[justinp1]

snazza said:

Good Morning all ...looking for some good legal advice if anyone can help me......
basically signed a sale or return document with a dealer about 3 weeks ago which stated that if in 7 days the car was not sold that the vehical would be returned to me. upshot is ...the dealer agreed to buy it for an agreed figure ...fine no probs ....and said that he would make payment via chaps to my bank account. its now 3 weeks later and I have no money ....i have been calling this guy everyday to try and get this resolved ...always to find some emotional sob story.....so last week asked him to return the car to me .....still hasent been done!!! help what do i do ?...is legaal assistance gonna cost me a fortune ?....is there a quicker more equitable way to do things? ...can I call the police......sorry to bug ....but really embarressed to be in this position

Dont worry about it, its a pretty sticky situation an I think he may be taking advantage of your good nature.

Has he sold the car?

If he hasnt, and he hasnt paid you for it it looks like to me that what he is actually trying to do is use you as a source of credit...

If you think about it, I am guessing that on the sale or return scheme he would be getting less 'cut' for the car. If he buys it from you and sells it himself he is making more money as he is taking on more risk as it might not sell.

Whats the perfect scenario for him? The best of both worlds - have the car for sale as 'his' but put off paying for the car as long as possible, preferably only when he has sold it so he can give you your money whilst leaving him with zero risk and a big cut.

There should be no reason to involve any outside party at this stage.

If you go down there and show your face and reiterate you want to leave the showroom with the money or the car, then he cant lie to you any more. If he says he cant do one or the other, inform him that you will take a seat and telephone the police/trading standards.

The dealer will hate both of these situations and will give you back what is yours - you just have to stand up for yourself and make sure you dont get 'pushed over'.

[snazza]

thanks Justin .....may just do that ...will keep you posted

[eliminator]

I suggest that you have a word with your local trading standards office. Any advice that you get, slip it into the next conversation that you have with him. Likely he will take the view it is not a ood idea to string you along.

[jasandjules]

Sorry, I am a bit confused.

Drive to the dealers, collect your car. Job done? He hasn't sold it, you are entitled to collect it back.

[superlightr]

jasandjules said:

Sorry, I am a bit confused.

Drive to the dealers, collect your car. Job done? He hasn't sold it, you are entitled to collect it back.

I think it would be

walk or catch the bus to the dealers, drive home or walk back with the cash.

[Lurking Lawyer]

If it does all kick off and you need to take legal advice, check your home insurance policy to see whether it includes legal expenses insurance - they frequently have it thrown in free. Call the helpline number there and they will allocate it to one of their panel solicitors.

If the dealer is giving you the run around, tell him that the debt is not disputed and that if it isn't settled within, say, 3 days, you will be instructing solicitors to apply to the court to make him bankrupt (if he's a sole trader or partnership) or wind him up (if he trades as a company). The threat of insolvency may focus his mind on the problem!

[jeremyc]

I'd say it was well worth putting in an appearance to find out the exact situation - demand to see the car at his premises is a good start.

I'm afraid to say that the worst case scenario is that he has sold it, but doesn't have the cash to pay you (and possible won't ever have it).

For more horror stories, read Henry's fine guide to selling.

Hope everything works out.

[snazza]

thnaks for all your replies chaps.......if no resolution by close of business today i am going to turn up at his premises tomorrrow and refuse to move until i get either car or money ...
will keep you posted

[Parrot of Doom]

I'd be careful, doing that you could be the one getting into trouble.

He hasn't paid you for the car therefore it doesn't belong to him. Very strongly recommend that if you don't get paid or the car back by tomorrow, that you see your local Trading Standards officer.

[jasandjules]

superlightr said:

I think it would be

walk or catch the bus to the dealers, drive home or walk back with the cash.

I was hoping he would have a nice friend to take him.........

[eliminator]

If there is no car and no money, then can you report the vehicle as stolen?

[justinp1]

eliminator said:

If there is no car and no money, then can you report the vehicle as stolen?

Taking without consent?

[mds automotive]

do you have written proof of contract

[justinp1]

mds automotive said:

do you have written proof of contract

According to the first post on the thread, he does.

[cptsideways]

I'd go & get it first thing in the morning. There have been some dodgy goings on with dealers going bust, your then stuffed. Cash or car & don't take no for an answer.

[mds automotive]

if the dealer goes insolvent whilst the car is in their possesion is he entitled to get it back or is it classed as a company asset

[Lurking Lawyer]

The dealer never acquires title to the car, if it's on a sale-or-return policy, so if he goes insolvent before it sells, it should be returned to the owner.

It gets more complicated if the dealer sells the car (or in this case, buys the car himself), goes insolvent but hasn't paid the sale proceeds to the owner before he goes insolvent.

[7db]

Sounds like the OP has screwed up. He has entered contract but not agreed terms for payment. The dealer is honouring the contract -- he is paying for the car, and since the payment terms aren't specified in the contract he can play silly buggers in paying late.

If the dealer goes bankrupt owing you money then you're screwed, your debt isn't legally secured against the vehicle.

[snazza]

well I do actually have a sales invoice that the guy has signed ....but still not recieved any funds!!