Hey all,

I seem to be in something of a fix .
I sold my scoob to a car trader whose cheque bounced spoke to him and he said oops sorry I'll do an electronic transfer .. no probs i said next day the money was in my account ..
Well 10% of it was the figure had dropped a zero .. ahh he said the banks made a mistake I'll sort it. So i contacted my bank and they inform me that someone physically paid the money cash over the counter at a local bank so his oops mistake was ***** :-/ unfortunately i havent been able to contact the guy for the last two days.

should i visit the police station ? whats the low down on my chances of seeing anything car/money ?

oh dear what a crimbo for me >sob<

any advice appreciated guys !

Pete.

 

sounds like he is playing for time, otherwise he wouldn't have put anything in your account. Get one of your mates to phone him on Thursday claiming to be a solicitor. Maybe he will play for time somewhere else.

 

AS Above but also phone the police, may be taking it to extremes at this early stage, but if it was my money, i'd be straight to the police..

 

Have the car physically taken back... and give him the money back... sell it to him for cash or someone else..

 

Straight round his office ,with a couple of friends. No cheques,Cash only.

he enjoyed his Christmas at your expense...

 

forgot to say. name the Dealer

 

Oh well,

Phoned the police and got told its a civil matter and the police will not get involved. So I still cant contact the bloke and my current cars immobiliser decided to frag itself and I cant start the damn thing *grrrr* and go see him.
So for the moment If the locals (central Scotland) could keep there eyes peeled for
S150UKJ
Silver Impreza Turbo
std everything
and pass on any info regarding the whereabouts of this car I would be very grateful.
Traders name Glasgow Trade Sales, 11/12 Duke st. Glasgow
In fact if anyone passes Duke street fancy having a look for me =)

Any info etc. would be mucho appreciated !!

Pete.

 

I'd be straight round there and take the car back...

If he hasn't enough dosh to pay you for it now, I weouldn't wait any longer as he might go under.... you could lose it or end up waiting months...

Would be interested to know your rights here.... if you buy a car they wait for the cheque to clear before you take it away or you have to pay with the bankers draft... worth insisting the same from them... easy done though...

Good luck.

 

If you can't go and see him today, write to him threatening legal action and/or violence. I would be trying to get this sorted asap now

 

Yeh this has gone beyond my particular patience threshold, I have a bloke coming out to fix/disable the immobiliser on my current car and will be driving in prolly tommorrow.

Of course I'll get there and the place will have turned into a carpet shop or something =)

No joy tommorrow and I'll have to take it to a lawyer, **** knows how much that'll cost me. Assuming i can find the guy it'll be baseball bats at 10 paces :-/
Still cant believe this guys been trading for so long and I get picked to be the dozy sod that gets stung *argh*

Pete.

 

Pete,

I called a friend who was heading down that way this afternoon. Are you certain of the address? I guess you know why I'm asking, he says there's no car dealer there.

What contact details do you have for the guy - mobile number? Sorry mate, but I think it may be time to get back in touch with the authorities...

 

The provision of a cheque is a written contract between you and the trader. He is in breach of that contract should the cheque bounce. In other words, the contract to sell is invalidated, the car is now yours again and you are legally entitled to do whatever you want with it.
Should you find it and he refuse to allow you access to it, call the poice from your mobile and explain that he has stolen your car and that you have found him in possession of it and made a citizens arrest. They are then obliged to attend and deal with the matter as a criminal offence.
It pains me to say this is exactly why you should never accept a cheque in payment for a car until it has cleared, always use a bankers draft.

Good luck.

 

Sorry Tim, but it's not that simple. Suggest ezoray does all he can to track this fuy down first.

 

Seejay is correct, I dont think it's that simple. If this was a business to business sale then it would be simpler. But it sounds more like a private sale, and the law on this is different. I would talk to a solicitor now.

 

Pete,

There are flats up that way, so hopefully he's working from home. Probably still best to find out all you can about him just in case.

Hope it all turns out OK.

 

Hey zax thanks for that.Could be a home addy ?

What i have found from further phone calls is that writing a rubber cheque is fraud so if i can prove that he had no intention to pay the amount for the vehicle then the car is mine.

On the up side (has to be one, has to be) he actually phoned me this afternoon and has payed 3g into my account. Something about getting stiffed by someone and me being in the middle sort of thing, I actually managed to keep a relatively civil tongue and explained the position with the police ie they were informed and will take action if he doesnt front the cash(which is a porky but he didnt seem anything but apologetic).

Still cant get over why he didnt contact me but then who knows.. hopefully he's on the level this time. This isnt the end of the story as he still owes me money but at the end of the day with the grey area surrounding ownership, considering the police are making excuses not to get involved and the expense of lawyers I have to give the guy a few more days to dig himself out of the hole he's in.

Ultimately I'll post an alls well that ends well if it does :-/

Pete.
edit due to bid speelin


[Edited by ezoray - 1/7/2002 7:40:30 PM]