Vehicle Fraud!!!!!!! Help please....

[aathanas]

Hi,

Anyone out there ever been the subject in a vehicle fraud case? What can I do if I get sold a car by a private person through a dealer that turns out to have been in a serious accident, although it's HPi clear and they both assured me (duh!) that it wasn't damaged..??

Since the sale took place at dealer premices and he specifically told me that the car had been checked thoroughly against damages, no AA check was done....

Any help is much appreciated.

Thanks a lot

[johndoc2000]

So this was a private deal then?
If so, I wouldn’t fancy your chances.
If you have a sales invoice from a dealer then you’re probably in better shape.
Get down there on a busy Saturday afternoon and start asking (loudly) whether they make it a habit to sell crashed and repaired cars (which is fine) but then fail to disclose when asked a direct question regarding whether it had been in an accident. The manager may well try calming you down with talk of refunds?? Maybe.
The HPI check will only tell you if the car has been written off.
Anyway….. the seller has a duty not to misrepresent the car, so if you asked the question and were told the car was not damaged & repaired then the car has been misrepresented.
They’re experts by the way. Any rubbish about them not knowing that it was crashed is just that – rubbish.
If this was a private sale, then what was the dealer involvement? Was an employee a middleman? Land him in the sh1t and make no bones about it.
Contact your local CAB and try www.consumerdirect.gov.uk/goods-service/motor/fs_b02.shtml#4
Or
www.oft.gov.uk/Consumer/Your+Rights+When+Shopping/Cars/cars+used+buying+privately.htm

consumerdirect.gov.uk said:

You have fewer legal rights if you buy privately. The car must be as described, but the other rules don't apply. If a private seller lies about the condition of a car, you can sue for your losses - if you can find the seller.

Some dealers pretend to be private sellers to avoid their legal obligations and to get rid of faulty or over-priced cars. They advertise in local newspapers and shop windows. If the seller is really a dealer, then your full legal rights apply.

Good luck

Edited by johndoc2000 on Friday 16th June 17:44

[aathanas]

Thanks for your reply. I am very upset about this. The car was advertised and displayed through a dealer...but he hooked me up with the seller, and they both said to me noumerous times taht it was never in an accident and that if it was it wouldn't be displayed there! yeah right..and I am talking pretty serious accident my friend- or at least one that should have been brought to my attention. I was stupid to rely on the dealer's suggestion and I thought this thing would never happen on a car like this. The thing is that lawyers would probably charge at least 1-2k to go after these guys..May be of I could find a no win no fee lawyer I would really like to chase them. Apart from teh financial implications, this is highly immoral. I would never sell a car to someone trying to rip them off in a way like this. It;s just not right...I do have a slip from the dealer- as a downpayment deposit receipt however- signed by him, the dealer, selling the car on behalf of the owner. Do you think this is sustainable evidence if I want to chase them up legally? Dealers are allowed, and often do advertise and sell cars on behalf of clients- this does not mean that they are not liable however. Thanks again for your help buddy.

[johndoc2000]

This is a dealer selling dodgy motors.
You could try the old no-win-no-fee but maybe try the following
1 - down there on saturday morning getting vocal and upset in front of other customers (in a nice way - lets not get arrested shall we!!)
2 - Your local trading standards - they may just be waiting for the final nail in this guys coffin - that nail could be you