Taking Private Seller to SCC, help please!

[reallymadwoman]

Oh good. In that case I'll return to this thread in a few months and we can all learn about how easy it is to take a private car seller to court, win the case and get your mnoey.

 

See you soon....

 

And this is constructive how?

[Ganymede]

Ok, spoken to Action Fraud, fortunate that the Met Police have chosen now to crack down on Fraud really isn't it

 

We have a crime number and they are investigating, they are especially thrilled at the text where he says he's a trader, as will be HMRC who action fraud also work with. No more correspondence has been sent, nor will be sent now until the LBA next week which will be sent recorded to the seller only. LBA will not include our evidence, just the basic facts that we are taking him to court for misrepresentation of the vehicle.

Son has spoken to his insurance and spoke to a wonderful lady who, on hearing the story, waived the £40 cancellation fee for him. When we need to take it back either me or his Dad will insure it for him.

 

So, lets bring it on then! Will keep this updated.

 

 

 

I'm surprised that the Police are so thrilled about the wording of the text message. It seems obvious what was meant just a poor choice of words.

[oddjobbob]

@reallymad

 

i'm trying to point out that taking a private seller of a car to court is absolutely and completely different to taking a motor trader to court as yuor rights are very very much reduced, and the fact reamins that even if yuou were to win this in no way means you will get your money.

 

The problem appears to be that the OP is somewhat 'on a roll' at the thought of getting their money back after having done some excellent detective work and has been encouraged falsely by other posters into thinking its going to be an easy option.

 

It will be anything but.

 

This doesn't mean I agree with someone selling a dodgy car, I absolutely disagree with it, but a private sale is a private sale, and, generally speaking, if you buy a car privately if it breaks into 2000 pieces on the way home, then you as the buyer own every one of them.

[ellie1997]

And then you wonder why people dont update threads?

[heliosuk]

Another one which will end in tears Oddjob. Can't see anything wrong with the description myself. Perhaps the sellar thought this was normal. We all know what the problems are with the head on 1.2 litre Polos which is probably why they decided to offload given the cost of repair. It also explains the amount of sealer some muppet or muppet garage has used. Price paid for car is interesting as well.

 

If it turns out the seller is a trader then fair enough.

 

Totally agree about the OP being on a roll and what you say..........but that is not unusual in this section of CAG. This has absolutely no chance of succeeding in a court and is frankly a waste of Police time who should be out prosecuting motorists for silly number plates.

[oddjobbob]

Hi Helios

 

The shame of it is that everyone's encouraging the OP, telling him he's got a case when he hasn't.

 

Privste sale = extremely limited rights, vehicle does NOT have to be fit for purpose for a start, ie doen't even need to be roadworthy.

 

I 'm going to keep away now to avoid getting flamed and await the result with interest.

[Surfer01]

Hi Helios

 

The shame of it is that everyone's encouraging the OP, telling him he's got a case when he hasn't.

 

Privste sale = extremely limited rights, vehicle does NOT have to be fit for purpose for a start, ie doen't even need to be roadworthy.

 

I 'm going to keep away now to avoid getting flamed and await the result with interest.

 

Why do you bother posting with such unhelpful remarks. We were in the same situation as the OP with a private seller and contacted TS due to misrepresentation. TS prosecuted and we won our case. I am hoping that the OP takes on these fraudsters and wins.

[reallymadwoman]

Quite apart from anything else the evidence seems to indicate that they are not private sellers.

[oddjobbob]

@surfer

 

and what makes you think i don't want the op to win? of coure i do, anyone that sells a dodgy car shouldnt be allowed to, all for that, all day long.

 

i'm glad you won your case. however i think its only right that the op is awsre that private sale = extemely limited rights.

 

i suspect that your cae may well have been a dealer masquerding as a private seller.

 

if it wasn't then brilliant, good for you, you got a good registrar in court on the day.

 

the problem here is that the op is being goaded to think he'll win easily and he won't

 

i'm staying away now

[assisted blonde]

I would be very careful about approaching the garage where he works, you have no evidence that any work dodgy or otherwise was carried out at the garage and you really cannot just make accusations without real evidence. Stick to writing a final letter claiming that the car was faulty/not as described, give him 14 days to refund the money and if he dosnt take it to court.

There is no point in threatening to do it and then not doing it.

[heliosuk]

The OP needs to seriously consider what Oddjob and assisted blonde say and as regards fraud..........what fraud? The points that Oddjob make are valid and at present the OP has a very, very weak case. Too easily defended. Further, whilst the inspecting garage say they will act as a witness and go to court, rarely does this happen for a number of reasons and they are not "experts" by any means in front of a judge.

 

Plough on by all means and I wish you luck as you are going to need it I think.

[Bang!]

I think the recent pessimism is wrong - and feel the court will see the misrepresentation both in the description, and in the substantiated work to conceal the true condition of the vehicle.

 

Misrepresentation Act 1967 CHAPTER 7

 

http://www.legislation.gov.uk/ukpga/1967/7

[heliosuk]

But as the OP points out, you can easily see the sealer. Registered keeper is not the same as registered owner. Can the buyer prove it had gone wrong in the previous 8 months? Just because it has sealer all over is not an indication that the car is faulty. The OP has not supplied any info if it has a fault only that it used oil and even then that is ambiguous. The only thing I can see is getting them on the ownership which is pretty weak me thinks.

 

Thanks for the link you posted..........I know it well. Perhaps you ought to read the first few paragraphs..........where "has suffered loss".........then look at the price paid.............get my drift??????

 

We all might have an opinion on this but you cannot get away from the fact that on used private sales it is "caveat emptor" and all the sellar has to do is plead "I did not know". Unless of course as pointed out by a few others as well, it can be proved that the sellar is actually a trader and on the balance of what I've seen here you cannot. It's possible to provide a link to a trader but I too have many friends who are in the trade and who I have bought cars off only to dislike them and then sell on. It does not make me a trader.

 

OP is going to need something a bit more substantial than current if pursuing this is going to succeed.

[Bang!]

I stand entirely by what I said.

 

Looks like we will be waiting on the outcome.

 

Are you a betting man?

[heliosuk]

Only on certainties and on this one I certainley won't be betting unless of course the odds were against it succeeding!!

[Bang!]

And at straight evens on each?

[oddjobbob]

Helios isn't a betting man, but I am...

 

If the OP (say within 6 months) scans and posts a successful judgement and successful proof that he's been paid then I'll donate £25 to a CAG if someone else would like to oppose that then CAG wins whatever... and I will happily post paypal proof of my donation if made...

[sailor sam]

With a private sale the buyer will have to show that the car was falsely advertised. Excellent condition would suggest to me that the car was in just that... excellent condition. from the pictures the OP has provided, its pretty clear that some major mechanical repairs have been carried out recently. I would of thought that such repairs would of been mentioned by the seller as being a selling point if the repair was fully legit.

 

The crux of the matter is whether a judge will consider that the seller advertised the car in a manor that would persuade someone to buy the car when in fact it was not in as excellent condition as portrayed. The OP mentions about the previous selling dealer was going to provide some input so it will be interesting on what that is.

 

For the time being, my opinion is that the case has some mileage providing the OP has all the necessary proof that the seller knew the car had been significantly repaired to a sub economical standard. Obviously it will strengthen the OPs case if the seller does turn out to be a trader.

 

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