Potential to loose £10k from the sale of my car! HELP! SCAM

[alwoodman]

Vaud said:

superlightr said:

KFC said:

superlightr said:

has the car actually been sold? is it still at the premises?

If you're going to reply why not read the thread first

i did and have. I was curious as to is it still physically there? perhaps it hasnt been actually sold despite what the dealer said and is still on their premises.

I have read the thread and it was not clear to me - he has only been told that it is sold?

The dealer told me it sold (as in done deal and money transferred with the buyer) on 19th Jan 2015 but I phoned the DVLA on Tuesday this week, when I told them i thought i'd be scammed they made a point of telling me the date the tax rebate went to my home address which meant that the registered owner had changed shortly before that and that was in November 2014.

[PurpleMoonlight]

alwoodman said:

The dealer told me it sold (as in done deal and money transferred with the buyer) on 19th Jan 2015 but I phoned the DVLA on Tuesday this week, when I told them i thought i'd be scammed they made a point of telling me the date the tax rebate went to my home address which meant that the registered owner had changed shortly before that and that was in November 2014.

Gees, it's so easy to miss those cheques dropping on your doormat huh ...

[RB Will]

alwoodman said:

The dealer told me it sold (as in done deal and money transferred with the buyer) on 19th Jan 2015 but I phoned the DVLA on Tuesday this week, when I told them i thought i'd be scammed they made a point of telling me the date the tax rebate went to my home address which meant that the registered owner had changed shortly before that and that was in November 2014.

apologies if I'm mis-remembering anything.
I know its supposed to be on sale or return but maybe the guy just assumed he would be selling it so told the DVLA it was put into the motor trade when you gave it him in November? so the tax would have come off it then but he didnt necessarily sell it until a week or so ago? So if he pays up the full amount he has also got you 2 more moths of tax back.

Not on his side with this by any stretch, he sounds like a dirt bag, just trying to think of possible scenarios.

Can the DVLA tell you how long the current owner has had the car?

[alwoodman]

PurpleMoonlight said:

alwoodman said:

The dealer told me it sold (as in done deal and money transferred with the buyer) on 19th Jan 2015 but I phoned the DVLA on Tuesday this week, when I told them i thought i'd be scammed they made a point of telling me the date the tax rebate went to my home address which meant that the registered owner had changed shortly before that and that was in November 2014.

Gees, it's so easy to miss those cheques dropping on your doormat huh ...

I'd not changed the address the car was registered too since i moved house so i missed it :-\

[alwoodman]

RB Will said:

alwoodman said:

The dealer told me it sold (as in done deal and money transferred with the buyer) on 19th Jan 2015 but I phoned the DVLA on Tuesday this week, when I told them i thought i'd be scammed they made a point of telling me the date the tax rebate went to my home address which meant that the registered owner had changed shortly before that and that was in November 2014.

apologies if I'm mis-remembering anything.
I know its supposed to be on sale or return but maybe the guy just assumed he would be selling it so told the DVLA it was put into the motor trade when you gave it him in November? so the tax would have come off it then but he didnt necessarily sell it until a week or so ago? So if he pays up the full amount he has also got you 2 more moths of tax back.

Not on his side with this by any stretch, he sounds like a dirt bag, just trying to think of possible scenarios.

Can the DVLA tell you how long the current owner has had the car?

I gave him the car on 30/08/2014! They wouldn't give the information out as to how long the current owner had it for.

[anonymous-user]

I had my Z4 listed on PH in April last year and some garage emailed (iirc) me to say they had a buyer for my car. When I called them it was an offer to sell it SOR. I politely declined.

Best of luck OP.

[PurpleMoonlight]

alwoodman said:

I'd not changed the address the car was registered too since i moved house so i missed it :-\

I hope the dealer knows you have moved then. Wouldn't want your sale cheque going to the wrong address.

[anonymous-user]

PurpleMoonlight said:

I hope the dealer knows you have moved then. Wouldn't want your sale cheque going to the wrong address.

Good point. After his last email I would have replied with the correct address again, just to make sure he does not try the "sorry, wrong address guv" excuse.

[mikeveal]

The cheque (if it ever arrives) will bounce.

However as has already been said, you can get summary judgement on the value of the cheque. By giving you a cheque the dealer is effectively admitting that he owes you that money. You take him to small claims court and he won't be able to defend the claim - I think, IANAL.

[alwoodman]

garyhun said:

PurpleMoonlight said:

I hope the dealer knows you have moved then. Wouldn't want your sale cheque going to the wrong address.

Good point. After his last email I would have replied with the correct address again, just to make sure he does not try the "sorry, wrong address guv" excuse.

Yes he's got my correct address and acknowledged that he had sent it to that address.

[anonymous-user]

alwoodman said:

garyhun said:

PurpleMoonlight said:

I hope the dealer knows you have moved then. Wouldn't want your sale cheque going to the wrong address.

Good point. After his last email I would have replied with the correct address again, just to make sure he does not try the "sorry, wrong address guv" excuse.

Yes he's got my correct address and acknowledged that he had sent it to that address.

D-day tomorrow then!

[9mm]

I think it's more likely the cheque will be dated 28/1/14 or will contain some other error meaning it can't be processed. Anything to delay payment.

[photosnob]

mikeveal said:

The cheque (if it ever arrives) will bounce.

However as has already been said, you can get summary judgement on the value of the cheque. By giving you a cheque the dealer is effectively admitting that he owes you that money. You take him to small claims court and he won't be able to defend the claim - I think, IANAL.

Taking a business which isn't trading to court is a good way to throw money down the drain...

Get to his place of work OP - get to his home. Get into his world and make his life horrible until you get your money.

[TheHound]

photosnob said:

mikeveal said:

The cheque (if it ever arrives) will bounce.

However as has already been said, you can get summary judgement on the value of the cheque. By giving you a cheque the dealer is effectively admitting that he owes you that money. You take him to small claims court and he won't be able to defend the claim - I think, IANAL.

Taking a business which isn't trading to court is a good way to throw money down the drain...

Get to his place of work OP - get to his home. Get into his world and make his life horrible until you get your money.

Just a tip, if you want his home address take a look at the company and directors info on companycheck.co.uk

[AndyWiltshire]

Hi alwoodman.

There is no theft in relation to criminal law, unless a series of similar events can be proved but forget this as time is of the essence.

There are, probably issues in relation civil law but again forget this for now as it takes too long.

If you want to see any of this money again you have to get it tomorrow and not by cheque, but a bank transfer or cash. I cannot stress this enough!

Leave a solicitor for now as again it takes too much time.

You need to be at his office at 9am with a couple of large ugly friends and do not leave until you have the money.

People like this know how to play the game and there is every chance that the business will be wound up shortly. If that happens you will probably get nothing and in the eyes of the law there is nothing that you will be able to do!

If you do not have any luck, seize some property of his in relation to his debt (his laptop in front of him usually works well). This is legal and I have done this before.

Time is of the essence!

Final point. There is every chance that he is reading these threads.

I hope this is of help..

Andy.

[KFC]

AndyWiltshire said:

If you do not have any luck, seize some property of his in relation to his debt (his laptop in front of him usually works well). This is legal and I have done this before.

I'm certainly no solicitor, but that doesn't sound legal at all.

[Mk3Spitfire]

AndyWiltshire said:

Hi alwoodman.

There is no theft in relation to criminal law, unless a series of similar events can be proved but forget this as time is of the essence.

There are, probably issues in relation civil law but again forget this for now as it takes too long.

If you want to see any of this money again you have to get it tomorrow and not by cheque, but a bank transfer or cash. I cannot stress this enough!

Leave a solicitor for now as again it takes too much time.

You need to be at his office at 9am with a couple of large ugly friends and do not leave until you have the money.

People like this know how to play the game and there is every chance that the business will be wound up shortly. If that happens you will probably get nothing and in the eyes of the law there is nothing that you will be able to do!

If you do not have any luck, seize some property of his in relation to his debt (his laptop in front of him usually works well). This is legal and I have done this before.

Time is of the essence!

Final point. There is every chance that he is reading these threads.

I hope this is of help..

Andy.

Eclassy....is that you?

[alwoodman]

photosnob said:

Taking a business which isn't trading to court is a good way to throw money down the drain...

Get to his place of work OP - get to his home. Get into his world and make his life horrible until you get your money.

So if I did report this car stolen the sales document that the new owner has will be null and void because the new company that sold it had no right to do so in the first place?

[KFC]

alwoodman said:

photosnob said:

Taking a business which isn't trading to court is a good way to throw money down the drain...

Get to his place of work OP - get to his home. Get into his world and make his life horrible until you get your money.

So if I did report this car stolen the sales document that the new owner has will be null and void because the new company that sold it had no right to do so in the first place?

No. As much a you'd seemingly like to, you can't retrospectively withdraw that right for the dealer to sell the car and screw over the new purchaser in the process.

The new owner owes you nothing.

The car dealer owes you £10k.

[9mm]

KFC said:

alwoodman said:

photosnob said:

Taking a business which isn't trading to court is a good way to throw money down the drain...

Get to his place of work OP - get to his home. Get into his world and make his life horrible until you get your money.

So if I did report this car stolen the sales document that the new owner has will be null and void because the new company that sold it had no right to do so in the first place?

No. As much a you'd seemingly like to, you can't retrospectively withdraw that right for the dealer to sell the car and screw over the new purchaser in the process.

The new owner owes you nothing.

The car dealer owes you £10k.

I don't think in the circumstances described that he would be retrospectively withdrawing anything. The right may not have existed at all or it lapsed with the winding up of the original company.

OP - why can't you post up the original agreement?