bought Car, receipt issed but no car...

computerbar · 8 July 2008 at 11:32AM

Hi there
I am sorry if this is not the right place to start this thread. "
Admin! Please feel free to moved to right category"

I have seen this car (Vauxhall Vectra, 2004) on Autotrader, advertised asking for £3200 quicksale (Trade Seller).
I made a appointment to view the car in Birmingham on 30 June, Took 2 of my friends to assist, I liked the car, Paid £200 cash and £3000 payee cheque on the spot.
Receipt (Non-refundable) was issued to me and it was agreed that as the was not Taxed, I will collect the car once the cheque is cleared and the car is MINE and will not be shown to other buyers.

I had a call that evening that another buyer fom London was there who accidently damaged the car while test drive and sending me the money back.

I was not convinced and I believe that he is not telling me the truth and sold the car to the buyer from London for more money. I have asked him to show me the damaged car to confirm his cliam but he is not agreeing to it.

The same reg cars I only can find are about £3500-£4,000.

What are my options?
I believe there was a breach of contract and the seller should reimburse me for any other car (Same spec) I buy.

Am I right?
What do I need to do?

Regards

standupguy · 8 July 2008 at 3:17PM

I think you are right it is a breach of contract and annoying to boot but I do not think there is much to be gained from pursuing this further?

Would you want to start another buying process with this trader - once bitten.......?

As long as you get your money back, including the deposit

Quentin · 8 July 2008 at 3:31PM

Stop the cheque if not too late! Better to only be worried about the £200 coming back than the £3k.

ArsenalFC · 8 July 2008 at 4:55PM

Obviously the trader should not have let anyone test drive the car if it has been sold to you. But its not your problem.

You have 2 choices: Demand to have the car or get all of your money back £3200 and demand to be compensated for your breached of contract and wasting your time and money - travelling and time consumed to purchase car. You know if I was u I'll asking a least for a few hundreds pounds, £200-£500. I would sue the trader through the small claims court if he refused to compensate u. Have a figure in mind when asking to be compensated, if the trader refuse then threaten and take him to court.

Keep us updated.

Hintza · 8 July 2008 at 6:22PM

This really comes down to how much time and effort you want to put in. I agree with Arsenal but it might not be as clear cut as that.

But certainly give him a push.

computerbar · 8 July 2008 at 11:27PM

ArsenalFC wrote: »

Obviously the trader should not have let anyone test drive the car if it has been sold to you. But its not your problem.

You have 2 choices: Demand to have the car or get all of your money back £3200 and demand to be compensated for your breached of contract and wasting your time and money - travelling and time consumed to purchase car. You know if I was u I'll asking a least for a few hundreds pounds, £200-£500. I would sue the trader through the small claims court if he refused to compensate u. Have a figure in mind when asking to be compensated, if the trader refuse then threaten and take him to court.

Keep us updated.

Thanks, you are If I was the one to refuse to buy it then I would lose the same like 200-500 or even all £3200 as the reciept I was issued says it explicitly Non-Refundable.

I have already stopped the cheque. cost me £10 :mad: Still waiting for £200 though.

Today I have won an auction on ebay for 3710 (but reserve not met, I hope they might call and accept it)

The figure in my mind is to claim the differnce of £510 + £10 as above + £30 travel cost

= 550 plus 200 deposit.

Is the 550 correct figure?

regards

Quentin · 9 July 2008 at 9:01AM

As it's highly likely the seller will contest any claim you make, why not allow a short time for the return of the deposit?

Then you will at least have recouped the money the seller will feel he has no option but to return to you. Getting the rest could be a fight, and once he gets your claim he will realise the gloves are off, and may play hardball over every penny.

You may want to add to your claim recompense for the extra time you now have to spend looking to find another car due to his action.

piggeh · 10 July 2008 at 10:46PM

I dont see how a court will find in your favour for the difference in cost unless you can show both cars to the court to prove they are like for like (same condition, mileage, etc). You may be able to claim off him for the lost time and fuel costs, but it's probably worth just requesting that directly.

bought Car, receipt issed but no car...

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