Redkop

A friend has just sold a TVR for £14,750 plus a car taken in p/ex

The £14,750 was paid by a Building Society cheque, now because the guy couldn't get insurance on it, he has put a stop on the BS cheque. Therefore, the car was left outside on the road for 2 days / night with no insurance.

There was/is nothing wrong with car... only that this guy can't get insurance, but he has now brought it back and is demanding the car he put in p/ex back.

This was a private sale btw.

Where does my friend stand on this?

fitzscoob

car was bought as seen, nothing faulty with the car is the other guys problem imho.

sorry I realise you were looking for factual replys not - i think etc, to be honest probably the only way forward would be the police, he has in essence stolen the car.

jaycee

The buyer entered into a contract, if he'd paid cash he wouldn't be able to do anything about it, should've checked the insurance first.
Small claims court may award compensation due to lost sale, maybe wear and tear etc. I'd tell him to go fukc himself and keep the p/ex for the inconvenience factor.

Jason

bigsinky

exactamundo m8. car is sold as seen. as long as your mate did not knowingly sell the car with defects then the old "caveat emptor" applies. tough titty for the purchaser. you would have thought he would have checked insurance before he bought the fookin thing. plonker

cheers

sinky

Redkop

There was nothing wrong with the car at all. It was a low mileage minter.

He came to test drive the car - wanted it, then rang to say he couldn't get insurance. Carl [my mate] said no problem - he would advertise it again on eBay. Then last Friday the guy rang again and said he did want the car and he could 'sort the insurance' and he collected the car on Saturday and left his car in p/ex

The guy then rang yesterday and said he needed 4 weeks to sort the insurance out and could Carl give him his old car back for the 4 weeks and Carl give him a cheque for £12k....Carl refused, but he still brought the TVR back to him and Carl still has the p/ex car.

This morning the guy raing and said he couldn't get the insurance, Carl said he had already banked the cheque and the guy said, tough, I have already put a stop on it. He now wants his car back and the paperwork for it.

Tiggs

phone the police and tell them hes a nut thats trying to nick you car!

i assume the cheque is as good as cashed? he cant "stop" a building soc cheque as the funds are not his to stop...they are the banks.

i also assume yo have some sort of recipt for the sale? if so tell him to go away.!

fitzscoob

So the car is back with your mate then?

Get him to check the mileage, general condition, then start small claims proceedures for wear and tear etc.

idiot should have had insurance sorted before he drove off with the car, what would have happened if he had hurt someone on the way back??

Tiggs

whooooooo...the "car" back with your mate is not your mates. it belongs to the other bloke...i wouldnt touch it- if its there too long get the council to tow it!

Buckrogers

Bit late now, but advise your mate next time to only accept a bankers draft in future. They cant be "stopped" as with a cheque.

fitzscoob

true, very sorry didnt really think that one out.

in that case, phone the police, atleast then if you take this to court there will be a record about it.

Redkop

I wasn't sure whether you could stop a Building Society cheque as the name of the purchaser isn't on it, it's the Building Society's name, same as a Banker's Draft.
Yes - no?

The car was advertised on eBay when this to$$er bought it and Carl pulled the ad and will now have eBay charges.

Tiggs

hang on...need some clarity here!

if he paid with a BS cheque it is the bank/BS money...it has left his acc the second he asked for it at the counter. Now he cant stop that afaik. (if its a personal cheque the bloke is a **** to have accepted it)

as long as the deal is completed and a recipt helps show this the deal is DONE.

what he does with his new TVR is up to new owner...if he chooses to park it back at the old house it USED to belong to thats up to him (on a public rd i assume)

this car is SOLD, end of!

Tiggs

should add......i sold a TVR and it was in fair enough state. if the bloke had got to the end of the dive and it blew up he would have got NOTHING from me other than maybe use of the phone for the AA!

2nd hand selling is sooooooooooo easy!

you get money...they get the goods.....tell him its not the M&S returns counter!

Buckrogers

HMmm, not sure on this one. Would be worth trying to cash it / find out if it cannot be stopped.

Tiggs

why would it not cash? ITS THE BS MONEY! they dont care that it came from the account of a retard.

mart360

Tiggs

erm not so... if you sell more than a couple of cars a year you are classed as a trader..

traders are bound by certain laws.. ie they must warrant a car is fit to both pass an mot and is of merchantable quality..

if it goes **** up at the end of your drive. you are liable

if on the other hand its a one off sale, then buyer beware applies..

whats your ebay moniker just so i dont buy from you



LOL


Mart

DieselDoo

When I bought my last car from a dealer he accepted a BS cheuqe, so I would assume that it is cleared money.
If on the other hand i`d given him a personal cheuqe i dont think i would have been driving out of the showroom that night, thats unless i have a honest face.

Redkop

I tend to agree with you as well Tiggs, I thought a BS cheque was as good as a Banker's Draft and couldn't be stopped. Guess Carl will have to check with his bank tomorrow for clarification.

Latest update, Carl has the TVR back and the paperwork for it, but has let the guy take the p/ex car but with NO paperwork.

Alas

Hi m8
Don't know about the legal technicalities of ownership but with regards to the BS cheque it can be cancelled by him as long as it has not cleared at your own bank, eg 5 days.
I've done this with a deal gone wrong and it can be stopped.
Cheers
Alas

Tiggs

mart...fair...but im assuming this is a private sale?

redkop......WHYYYYYY did he give him the car?

Redkop

Dunno Tiggs

cos55

Well guys its my Cerb we are talking about here and i am so vexed!!

This 21 year old kid takes my beloved car and 3 days later tells me I dont want it now as I cant insure it!!

Brings it back and cancells the building society cheque!!!

This cant be right or what stops him doing this every weekend???

I am gutted!!

carl

fitzscoob

has he returned the car?

are you in possesion of the keys?

David_Dickson

Check with your bank tomorrow morning about the status of the money and if it hasnt been stopped yet, is it possible for him to stop it.

I know its too late now, but I really, really wouldnt have given him his part-ex back.
even if you have the paperwork, he just has to pay the DVLA £19 and they will send him a new V5. Not having the MOT isnt the end of the world for him either as its easilly replaced or re-tested.

Tiggs

why on earth did you give him the car back??????

if the bank conf the money is good - and they should then get the police to recover your car from him!

ScoobywagonGl

Ok maybe not getting right idea but was the car sold on ebay or was it pulled before auction ended?

You can check with the BS wether the cheque can be cashed or not and i advise you do this immediately.
if the car was sold on ebay at auction end then you can claim your ebay final listing fees back through non paying bidder programme where you will get everything bar your listing fee back.

If it was sold on ebay and was a personal cheque then you should not have let the car go until the cheque had been cashed! I know it dont help matters now but you know for next time!
Bad luck mate get his part ex car in your name presumably he signed it over to you? therefore your the legal owner simple!

imi

That guy seems to be confident that the cheque has been cancelled....which i find quite strange as it was NOT HIS MONEY. It was the Building Society's money as pointed out earlier. A BS Cheque is as good as money or so I thought.

Anyway, lets assume the worse scenario here. What compensation are you demanding for him driving your car for THREE DAYS WITHOUT INSURANCE. What if he rev'd the nuts outta the TVR and you have to fork out some bills in the near future

MattN

Firstly a BS cheque is not like a bankers draft (used to work for a bank). It can be cancelled.

What is the status with the v5's? Have the details been filled in for bith cars and sent to the DVLA?

Hanslow

Call me paranoid, but what happens if the keys have been copied?

Tiggs

[QUOTE=MattN]Firstly a BS cheque is not like a bankers draft (used to work for a bank). It can be cancelled.

QUOTE]


bearing this in mind (and i know this is a boit late advice!) you should NEVER have let the car go till it was cleared.