Legal advice needed regarding dodgy car salesman!

Soldato
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(Crap, title should read regarding, not from! lol)

I'm curious to know if a situation that I am in, is something that can be taken to the small claims court;
2 days ago my partner and I went to view a car, which cost £3,400, and we placed down a £150 deposit, once we had put down the deposit, we were givena reciept containing the VIN Chassis number and the full registration code of the vehicle. As we had those numbers, we decided it would be a good idea to do a HPI check, to check that the vehicle had a clean history, sadly it did not and was involved in some sort of accident last August, resulting in a Category C write off from the vehicle's insurers at that time.

Obviously this affected our opinion of the car that we had looked to buy, and we decided to not go through with the sale. Although the reciept suggests that any termination of the contract, would mean a loss of the deposit, this vehicle clearly had a storied past that the owner neglected to tell us about, even claiming 3 previous owners, whereas the HPI check stated that there were 7 owners, before the current, which would have made us the 9th owners, not the 4th as we were originally told that we would be.

Needless to say, i find it very unfair to lose our money over false advertising and a salesman blatantly hiding things about the car that any upcoming owner would feel is something they would need to know, as it may affect thier desire to buy it, as it did ours.

Any advice, aside from get the hpi done first, which i know was a STUPID mistake.

Saying that we've now found and pre-paid for one with lower mileage, nicer looks, no dints and dents and cost about £400 less, so might be as well to draw a line under it and call it, not sure what'd be best.
 
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You should have done a hpi check first, it's a shame but you probably deserved to loose your money. You might be able to get it back by the smalls claim court but I wouldnt waste there time. I'd just talk to the salesmen and explain the situation. He might give you a refund.
 
You should have done a hpi check first, it's a shame but you probably deserved to loose your money. You might be able to get it back by the smalls claim court but I wouldnt waste there time. I'd just talk to the salesmen and explain the situation. He might give you a refund.

Yep, should have done it first i know just had a massive list of things to ask him and some how, i don't know how, hpi didn't appear on it, i need a slap for that i know.

He's flatly refused to refund ANY of the depoist, even though its basically false advertising isn't it?
 
Did he say it was HPI clear? If he did the item is not as described, if he didn't then your fault for not asking.
 
He didn't say it was, but i was under the impression if it had been Cat C'd, it would need to be put in the advert a legal need? Or not?
 
IIRC if you ask the seller if the car has been in an accident, they have to tell you (can't lie). I'm not sure if it's the same when buying from trade, probably is.

Did you ask him if it had ever been in an accident?
 
IIRC if you ask the seller if the car has been in an accident, they have to tell you (can't lie). I'm not sure if it's the same when buying from trade, probably is.

Did you ask him if it had ever been in an accident?



All i asked was if it had any scuffs/dents or had been in any prangs, which i guess does constitute him needing to tell me.

When i found out and called him, he claimed that he had not known anything about it, and that he would "get it checked out asap"
 
dont all garages have to HPI cars at there cost by law?


Wasn't a garage per say, a guy working independantly out of a house garage, although he had 4-5 mg's there as thats what he generally seemed to specialise in, so i'm not sure if thats classed as private, business, or what?
 
Wasn't a garage per say, a guy working independantly out of a house garage, although he had 4-5 mg's there as thats what he generally seemed to specialise in, so i'm not sure if thats classed as private, business, or what?

If he is trading from his house and doesnt have a proper license, that is illegal. if he is selling his business cars as though they are private sales, that is illegal, afaik, but not certain about either point.

If you suggest the small claims court and he is doing something dodgy, you will probably get a quick response. If he isnt doing anything untoward except from hiding details/misleading you, it's just a 'he said, she said' affair.
 
I'm not sure where i read about the obligation to tell potential buyers of accidents if they ask (i think it was on this forum?)

Some good info here at CAB

CAB said:
The seller was a dealer posing as private seller

Dealers sometimes pretend to be private sellers, by using the small ads and a private address and telephone number. It is a criminal offence to do this. If you suspect that the person who sold the vehicle was a dealer posing as a private seller, you should contact Consumer Direct on 0845 404 0506 (or, in Northern Ireland, Consumerline on 0845 600 6262). If the seller was a dealer it does not invalidate the purchase, but it does mean that you have the same protection under the law as if the vehicle were bought from a dealer in the normal way, and may be able to bring a claim if there are problems with the vehicle.
 
Timbrad said:
even claiming 3 previous owners, whereas the HPI check stated that there were 7 owners

This is enough to warrant the return of your deposit as it wasn't as described.

Inform him of this. If he doesn't return your deposit issue proceedings against him.
 
Weigh up whether it'll cost more than the £150 of your time and costs to persue and get this deposit back, and whether you want just the satisfaction that he can't rip off anyone else.
 
Weigh up whether it'll cost more than the £150 of your time and costs to persue and get this deposit back, and whether you want just the satisfaction that he can't rip off anyone else.

Yep thats whats bothering me a lot, he could do it to other folks, and make thier reselling a nightmare because of it, and i could really do with the £150 back atm cause i subbed her it for the deposit as i had my card on me and feel bad asking my partner for £150 back just because (I'm between jobs atm so things are tight!)

I was actually considering asking someone to call him with an enquiry about the car, pretty much a fresh call, fresh voice and see what information is/is not given out, as he knows mine and claire's voices too well now.
 
take a m8 in a suit, tell the chap he is your lawyer, have said m8 present all evidence, peice by peice, from a brown leather document carry case/breifcase.

The guy will fall apart if you start talking about filing suit. Take some generic legal declarations too, try to make him sign them just to throw him off gaurd. He's got no hope.
 
If as someone said earlier he is dealing from a residential address then it is illegal I'm sure you can inform someone like the Police or Council or something and they then come round his place and take the cars etc.

Not that that helps what you are trying to do. In all honesty, it's £150 you can live without it.

InvG
 
If as someone said earlier he is dealing from a residential address then it is illegal I'm sure you can inform someone like the Police or Council or something and they then come round his place and take the cars etc.

Not that that helps what you are trying to do. In all honesty, it's £150 you can live without it.

InvG

I'd want the money back on principal
 
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