Legal help / trader from home posing as private seller
Discussion
Presumably you no longer have the registration document bearing grandad's name?
If not then an HPI report, depending on where you buy it from and the level of info you choose, may show the dates of previous keeper changes. If you are certain that grandad was the last keeper then you can work out from that how long he had the car.
For balance, I sell cars for a living. How would it look if my grandad wished to sell his old car privately but preferred that someone else dealt with prospective buyers?
If not then an HPI report, depending on where you buy it from and the level of info you choose, may show the dates of previous keeper changes. If you are certain that grandad was the last keeper then you can work out from that how long he had the car.
For balance, I sell cars for a living. How would it look if my grandad wished to sell his old car privately but preferred that someone else dealt with prospective buyers?
Geesmum1 said:
My problem is the adverts are all in the grandsons name, his the one who advertised our car and who was there when we inspected the car, log book etc.
I think their using the grandad to put cars into his name. That’s just my assumption.
But my argument would be he used a trader to advertise and assist in the sale of his car? And didn’t make this known to me.
Did you actually meet the grandfather? Did you see any documentation showing the grandfathers name and address to be on the car?I think their using the grandad to put cars into his name. That’s just my assumption.
But my argument would be he used a trader to advertise and assist in the sale of his car? And didn’t make this known to me.
Sounds a lot like this guy was doing...
https://forums.moneysavingexpert.com/showthread.ph...
Personally i'd issue a Letter before Action to him and the grandfather.
I'd be factual about events to date, i'd be factual about the fault and i would be factual about having evidence of 30+ cars hes sold over the last year.
I'd ask for a full refund within 7 days otherwise you will have the car repaired to a satisfactory standard and pursue him through the courts for the cost of this.
Hes a trader and between them they have some rouse whereby the grandfather claims the car was his if asked.
I'd be factual about events to date, i'd be factual about the fault and i would be factual about having evidence of 30+ cars hes sold over the last year.
I'd ask for a full refund within 7 days otherwise you will have the car repaired to a satisfactory standard and pursue him through the courts for the cost of this.
Hes a trader and between them they have some rouse whereby the grandfather claims the car was his if asked.
Sounds like the lads running a scheme where he ropes in family/friends to "own" the car and sell them privately on his behalf whilst taking a cut of the profit to flout the trading rules.
It would be interesting to see if his grandad is selling any other cars, despite previously giving up driving...
Did you deal with them via text/email at all?
Do you have any friends/family who would "view" another car documenting the process to see if the same thing happens?
It would be interesting to see if his grandad is selling any other cars, despite previously giving up driving...
Did you deal with them via text/email at all?
Do you have any friends/family who would "view" another car documenting the process to see if the same thing happens?
You need a recording to take to court with you.
How much is the repair bill?
I doubt he’d like to be investigated by HMRC as there’s a limit to how many private sales you are allowed to do. Tell him he has a choice to pay for your repairs or you will present your evidence to both HMRC and trading standards.
How much is the repair bill?
I doubt he’d like to be investigated by HMRC as there’s a limit to how many private sales you are allowed to do. Tell him he has a choice to pay for your repairs or you will present your evidence to both HMRC and trading standards.
the log book is not proof of ownership, says on it.
civil court is about balance of probabilities, with your evidence, he couldn't really disagree, unless he is saying his Grandad is the trader, but then you would show adverts that state what they say.
civil court is about balance of probabilities, with your evidence, he couldn't really disagree, unless he is saying his Grandad is the trader, but then you would show adverts that state what they say.
Edited by Thesprucegoose on Saturday 30th November 11:59
Geesmum1 said:
I’m not asking about the mileage and age. I want to know where I stand with them obviously trading from that address and putting the grandad as the owner to say it’s a private sell. I know I have some kinda rights if I can prove they are trading.
No but I did, If you're going to take him to court you would have a good chance of winning on a 5yr old car with 60k on it however if it was of the age and mileage i described in my last post I'd say you are wasting your time. The point of your argument isn't milage,wear and tear that others have mentioned, which is irrelevant. it is that he is side stpping his legal obligations as a trader. Forget the V5 etc, if he is selling 30+ cars a year he is a trader. Decide what you want, i.e him to repair the car, or money for you to do it, and then action accordingly.
Remember you need time off for court and can be stressful, so you might want 500 quid and get it sorted yourself, better to resolve now.
Remember you need time off for court and can be stressful, so you might want 500 quid and get it sorted yourself, better to resolve now.
Thesprucegoose said:
The point of your argument isn't milage,wear and tear that others have mentioned, which is irrelevant. .
Its not irrelevant as it is the crux of the whole issue, If the turbo hadn't let go then OP wouldn't be going down this rabbit hole. Im assuming from the OP not confirming what the age and mileage is that it is an old high mileage car. In court cases involving the consumer rights act & a used car the court takes into account price paid against market value & against its new price, age & mileage.93DW said:
Its not irrelevant as it is the crux of the whole issue, If the turbo hadn't let go then OP wouldn't be going down this rabbit hole. Im assuming from the OP not confirming what the age and mileage is that it is an old high mileage car. In court cases involving the consumer rights act & a used car the court takes into account price paid against market value & against its new price, age & mileage.
''a trader selling a car, whatever milage or afe must ensure it is..be of satisfactory quality (taking into account its age and mileage)
meet any description given to you when you were buying it (whether in the ad or in discussions prior to sale)
be fit for the purpose (for example, to get you from A to B safely).''
A car that travels 5 miles clearly is not the above no matter what the mileage or age. Also, as a trader they should repair under CRA. Even if they put spairs repairs etc it doesnt devoid from legal obligations as a trader.
By raising mileage issues it is irrelevant as clear as daylight to everyone.
Edited by Thesprucegoose on Saturday 30th November 14:50
Geesmum1 said:
The garage report I have says they hid the faults intentionally. That is why I took them to small claims. They didn’t put in the advert or tell me the car had turbo problems.
That is a seperate issue under the Consumer Protection from Unfair Trading Regulations 2008 , ''omits material information that the average consumer needs, according to the context, to make an informed decision about a transaction''Again it comes down to proving he is a trader, the above offence is a criminal matter, so a trading standards issue, might be worth informing them as well.
93DW said:
Thesprucegoose said:
The point of your argument isn't milage,wear and tear that others have mentioned, which is irrelevant. .
Its not irrelevant as it is the crux of the whole issue, If the turbo hadn't let go then OP wouldn't be going down this rabbit hole. Im assuming from the OP not confirming what the age and mileage is that it is an old high mileage car. In court cases involving the consumer rights act & a used car the court takes into account price paid against market value & against its new price, age & mileage.OP - fess up with the car details !
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