My brother bought a car at the weekend and paid by cheque, everything seemed okay and the car was to be parked up until the cheque cleared.
This morning he gets a call from the owner saying he had to use the car and has burnt the clutch out The cheeky git has advised my brother to either tow it home or pay him £150 quid to fix it.

The bloke is adamant it is now my brothers car even though he has not signed the log book yet, assuming he has put the cheque in Monday morning is 2 days too late to cancel the cheque

 

Think you can cancel, why not call the bank and ask them, surely they have 24 hour service?

 

Brother is on night shift tonight, and he has the same bank as me with durhha durkhas manning the phones

 

If he aint signed anything it legally aint his !

I'd cancel the check !!

 

He has signed a receipt saying sold as seen, however the car was working when seen, it now has a fcuked clutch although agreed the car would not be used.

I cannot beleive the cheek of some people, it's like me selling the scoob, writing it off whilst waiting for the money to clear then expecting the buyer to come pick up the mangled wreck.

 

sounds like the guy has taken it out and ragged it since he has the money. Walk away. Call the bank up and try and sort it.

 

i would cancel the cheque, if you cant cancel it, then go around there and tell him when you looked at it it was running, show him that it was sold as seen, its down to him to get the clutched fixed. either that or he must give you the money back.....

 

If the guy insists that the car now belongs to your brother and that the car was to be parked up until the cheque cleared then he's been driving without insurance. I'd be inclined to mention that to him. If he says that the car was/is insured then errr it's not as it doesn't belong to him and he has to have permission to drive it.

Better still just force him to give the money back or cancel the cheque.

 

The contract is nor complete until there has been 'consideration' - ie the payment has cleared. The seller has changed the contract terms and is in breach. Cancel the cheque, but you'll have to be fast.

 

also sold as seen on the date of the receipt not after.

 

Did your brother get the guy to put the mileage on the receipt?

 

Nope, although the fact that he has not written on the log book, therefore he is not yet the legal owner of the car should be enough. My brother is slightly more mild mannered than myself, if it had been me I would tell him where to go.

 

I'm sure you can cancel the cheque. On the off chance that it's too late, and using his arguement that the car belongs to your brother then surely he guilty of TWOC, not sure you'll get anywhere but worth threatening to report him to the police?

 

What happened Did you manage to cancel the cheque ?

 

The log book does not show the legal owner. The receipt does.

If the guy is adamant that the car belongs to your brother, then, ask him why he was driving your brothers car without persmission, remind him it's a ciminal offence to take someones car without their permission.

 

If it's the guy's car, it's breach of contract by the goods not being in the same condition as when shown to the buyer.

If it's your brother's car, the guy had no right to drive it without your brother's permission and has damaged your brother's property. You could try getting the fuzz round to see if they want an easy TWOC collar

That's my legal take on it. But I think the legals won't really care. It'll be up to the guy with more ***** probably.


As MattN says. Seriously, ring him back up, ask him 3 times if he's sure it's your brother's car. When he insists it is, say "Right, so you took my car without my permission and damaged it. I'm now calling the police." Listen to him choke.

 

just mention the conversation is being recorded too

 

I think you can cancel a cheque up to 6 months after it has been cashed.

Not sure of the process but my dad had it happen to him once.

 

I wouldnt want the car at all now, he has obviously taken t for one last ragging, what else has he broken, or nearly broken that will go very soon?

 

6 months after issue, not after cashing.

 

As some one has already mentioned threaten to have him arrested for TWOC.

It's either still his car and he has to fix it, or it's your brothers and he's TWOC'd it

 

Might be worth talking to the bank. It was sometime ago but an ex-client of my dads paid by cheque which cleared, and then after a couple of months it was cancelled........which at the time sent poor old pops overdrawn.

I think cheques are cancelled automatically if not cashed within 6 months.

However I do stand to be corrected on both counts.

 

It wouldn't surprise me one bit if there is a banking clause allowing banks to do this. Though I remember many years ago when I worked at a bank that when they wrongly credited somebody's account and then clawed it back a few weeks later when they discovered the error the **** hit the fan and the bank was involved in a legal battle with the customer whose account had now been debited to contra the original incorrect credit. Mind you, I did work for a ****e bank...

 

what happened?

 

Brother cancelled the cheque this morning after the owner was adamant he was not going to fix the damage, he had also got a qoute and wanted £250 to fix it . He has since had several texts calling him a time wasting w#nker and to watch his back


Still good luck to him trying to sell a car with a smoked clutch

 

TWOCer and now threatening assault

 

pass the txt to the police, saying he's getting death threats, the police will get involved.

happened once when i was at a takeaway, the guy called to say he would smash the windows in after we close..
i called the police.
the police went to warn him if anything happens to the shop they knows it's him

lol

 

a trifle disgruntled with the food was he??? lol

KOT, glad your brother got his money back!!