Not unless its a trade sale

 

A trader can try and sell the sold as seen line but Sales of Goods Act supersedes that line. If you spot a major defect/sales listing error within a specified time period they have not got a leg to stand on.

 

Correct. Those days are well gone

 

Spoke with the police and I have also spoken to trading standards via the citizens advice. I have to send a letter to Adam if thats his real name with my demands and what I expect and if he does not reply in that time Trading standards will send formal notice etc as he has broken the law and I have proof he clocked the car in my phone via texts.

I do hope if adam is scouring forums looking for this thread he contacts me asap to ovoid him being in a world of hurt.

 

Be prepared to call his bluff fella and follow it through
I spoke to the trader yesterday who I'm having a problem with and his 'specialists' have found a noisy wheel bearing ......since when does a wheel bearing effect a car going into second
He got my rejection letter Christmas eve and the court papers are getting sent friday.......fooooook em

Good luck with it all

 

what stance has your local cops taken? I'm guessing told you to speak to trading standards?
while it may be a criminal matter, police do not deal with all aspects of criminal offences. my point being that for cops to prove an offence and secure a conviction they have to prove beyond all reasonable doubt.

trading standards on the other hand still deal with criminal matters, counterfeit goods for eg, copied dvd's fake branded clothing etc, when they get a conviction, the sentences issued by the courts are far higher.

in a lot of cases trading standards carry far more clout than the police, its same with customs and excise

 

I really hope you follow this through chap, no doubt this isn't a first for this dealer. His attitude stinks and deserves what he gets.

Admittedly its only a small amount of money we are talking about but thats besides the point imo. £1000 is alot of money to some and I'd certainly be very angry if I had been miss sold a car regardless of its cost.

 

spot on.

Councils are responsible for Consumer Protection and it is they who will take the matter to Court. Licencing is another one that's passed from the Police to councils to er... police.

 

Hope you manage to sort this mate.

 

This happened to me years ago with a car from Scoobybits when I was a Subaru virgin, half the history folder was made up and didnt correlate, many of the things 'advertised' on the car wearnt actually on it, each panel was a different colour, engine was on its way. I paid top dollar as well.

I learnt a lot about buying cars that day, or rather the day after so I empathise!

 

The police logged it as a 383 which is something to do with fraud and misrepresentation.

When I spoke with trading standards they didn't seem surprised about Euro motors at all and advised me to contact motorcode asap but there closed till new year.

No matter who looks at the case is pure and simple fraud.

If adam had said ill give you £200 and send the receipt for the replacement engine via special delivery I probably would have accepted. If he can't give a receipt I want the cost of a new replacement engine from a good breaker on here. ill fit the bugger myself and add my labour costs..

Ill keep pushing and the one thing im not short on is time and money to take this guy through to the end.

 

That's interesting, because of course fraud is an entirely different kettle of fish to false descriptions under the SoGA etc.

If Trading Standards weren't surprised I'd say that this lot have a history, and you wonder exactly what's under the surface.

Anyway, hopefully something will be sorted in your favour.

 

mate you'll probably find that 383, is simply your local cops incident number for the day you reported it, eg you reported it on 24/12/13, it would be incident 383/24/12/13 of very similar, it will differ slightly form force to force. the title "fraud and misrepresentation" would be what the call taker has reported on the incident title. more often than not things are actually different to what is reported.
in relation to your car, my only advice would be if you get the opportunity to get your money back and give the car back (all out of court) then jump at the chance. I say this as some years ago when I was into American muscle, I bought a 70's trans am from a dealer, came with full mot etc. having parted with my cash and got it home I found under the boot carpet, the boot floor was totally rotten, even into the rear arch tubs where the rear struts were located, to top it all a sheet of tin had been fasten down to try and hide it, using those roofing bolts, they look like a screw but have a bolt head. they were too long and had gone through the fuel tank. I accepted £50.00 back from the dealer and had the boot welded, however the car turned out to be a right crock, problems a many and I wish I'd simply took it back.
I knows its hard sometimes but don't let your heart rule your head.

 

Subscribed

 

Other thing missed that might help others reading this thread is to buy with a credit card, this adds additional rights and you instead could have raised it to your bank and let them chase it. Items bought over a threshold.. Something like 200 become the responsibility of the bank too then.

Previously I've had my bank rebuild an engine that blew after a week and then chase the trader on my behalf.

Hindsight however is easy.

 

Good point that

 

dont work like that sorry, if he did supply you with a new engine you can not benifit from it so he can by law find you and supply you engine with 180k on it, the consumer can not benifit from it. Nothing stopping him finding you engine with lower miles however he wont have to, if i was you just return the car for a full refund

 

There is a lot of generally good advice on this thread and you've taken the right course of action.

Just to clarify a few things:

The Sales of Goods Act contains civil remedies only. In essence, it implies terms into contracts for the sale of goods. I.e. That goods should be as described, fit for purpose and of satisfactory quality. There are no criminal actions arising directly out of the SGA.

The Police will very rarely get involved in any matters such as this, unless it amounts to large scale fraud. The Police are extremely limited on resources and quite simply can't afford to spend time looking into these incidents especially when there is a civil remedy for the wronged individual.

Trading standards are the right people to be dealing with this as they have the power to look at potential criminal prosecution (usually for misleading descriptions, consumer protection legislation). That doesn't necessarily mean it will happen for this case, but down the line where it has happened to another 5, 10 consumers. Something will be done, so it is key to report it.

Your best, most effective option is to go down the Small Claims route online, it's straight forward and easy to do.

Private message me and I can take you through it if needs be.

Nb: a criminal charge of fraud is one of the most difficult offences to make out, that's why it's more effective to take the civil route as you have a ready made claim.

 

Can you really trust the online MOT mileage tho ? Reason i say this, my car has 101100 miles, MOT just done, when i got home, checked the mileage on the paper part of the MOT, he has typed in 109800 LOL.

so my car has gained 8k LOL

 

Also shows the mileage in the service book

 

I have been in a similar position to yourself in the past. The dealer wouldn't 'help' in any way when I proved the car had been clocked. In the end I won in the small claims court. Good luck.

 

What did you win ? (I'm not asking for figures) just wondering how it worked out, did you get a % or something ?

 

Dealer sounds like something from Watchdog..?!

Hope you get this sorted via trading standards

 

What does the 30 warranty cover you for?

 

The milage can be corrected with in 7 days so would take it back i have made a couple of
milage mistakes when doing the mot buy putting the chassis code instead of milage he he.but now they have the last 4years of milages listed so to make it harder to clock vehicles.

 

Can't wait to see the outcome of this.

 

And it has a nice fresh MOT................

 

Not sure that was us, but the point is well made.

Trading standards is the correct way as they will go to the 'dealer and check the mileages and MOT's of all of his stock. That is a world of pain and can cost thousands.

As the previous dealer posted on here, it is far easier to give someone their money back and stop the problem stone dead than deal with T.S. who will NEVER leave you alone once they have you in their sights.

David APi

 

any updates on this? Good luck fella

 

Update.

I have agreed on a settlement with Adam and ill not say how much but I got a chunk back

So it does show that you can get justice if you're not scared to take that route.

Waiting on a bank transfer now