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  • FIRST POST
    • salmankhan
    • By salmankhan 11th Oct 17, 10:48 AM
    • 16Posts
    • 1Thanks
    salmankhan
    Please help, Mis sold a 27K prestige car, last 2 services counterfeit
    • #1
    • 11th Oct 17, 10:48 AM
    Please help, Mis sold a 27K prestige car, last 2 services counterfeit 11th Oct 17 at 10:48 AM
    Hi All,

    I really hope you all can offer me some advice.. here goes. please excuse all grammar and punctuations I'm new to this mac also a bit stressed.

    A 27K prestige car was advertised on Ebay. I went to view this car at the dealers house, after speaking to the 'dealer' I test drove the car and gave the dealer a deposit to hold the vehicle so i can get a car loan of 25k, subsequently I got my car loan from my bank, and transferred 20k to the dealer via bank transfer, and collected the car from hi garage where he was selling other cars, and paid 6k in cash to the dealer.

    The car was advertised as full manufacture and specialist service history on Ebay, the dealer also rang me after the deposit was paid going through all the invoices on the phone. He stated he was selling the car on behalf of someone else.

    I checked the car oil on my car yesterday and realised it was very low, even though i asked the dealer before i collected it to ensure there was oil etc in the car. I never checked the oil when test driving as the last 'service' was done in April 2017, and would not expect it to be low on Oil, i contacted a local specialist who asked why the car needed only a oil service, i stated to him it was done in April and is very low on oil, he asked me when it last had a oil service i told him it was in April 2017, and told him the oil that was used reading the invoice, The specialist stated the oil used is not the correct oil, and i should immediately have it changed as a new engine would cost 20k etc. This made me start to worry, i thought there must be a mistake by the previous garage who has serviced it on 2 occasions so i rang them, they asked me to send pictures of the 2 invoices i hd as they don't have any record of the car ever being there.

    The director of the company later caller me to confirm they have never worked on the car nor do they know of the car, they also confirmed that they would never use the oil i state as it was wrong. The invoice had no VAT number and the style of invoice is not the ones they use, also their mechanics have no access to the computers that produce the invoices.

    i rang the car dealer whom i bought the car from and he stated that that he spoke to the mechanic in question and he has 'DONE A SIDE JOB' i asked was this done officialy? he stated, i don't know'. he then stated he will go and see this garage who undertook the 'servicing', and see whats happened. i told them that the director confirms the invoices are counterfeit. he state he spoke to the mechanic just now and he's some lad who used to work for them, and not officially. i told him to google the oils for the car and he has used to wrong oil. he told me not to worry as the invoice is the problem not the oil. he said whatever the reg is given of the car that is the oil that is used.

    he said when you buy the oil from the parts place, they provide the specific oil. i told him even in the engine bay it states the oil that should be used, he said that is the oil that would have been put. he then states he will take this issue up with the garage, where i advised the director confirms the invoices are fraudelent, he then stated what do you want me to do? i said i want you to sort the invoices, he said how can i go back? if the cars been serviced its been serviced what do you want me to do? do you want me to service the oil next door? bring it down ill do that. look i sold the vehicle its not my personal vehicle, i said you sold it as a dealer, he said he will call me back.


    he calls me back stating he just spoke to the guy? , he is a polish lad and he does a lot of jobs on the side, and does the invoices, he no longer works for that company he works for another company i just spoke to the mechanic, he doesn't work for that company any more and has nothing to do with them, the money went to him the polish man made the invoices and the correct oil has gone into the vehicle, he's polish he doesn't understand, the correct oil is in the vehicle. the job wasn't booked through the specilaist so they have nothing to do with them. he said physically check the oil, the invoice is not proper anyway as the guy done the work himself. i told him the invoice is counterfeit and invalid, he said yes he should not have written the specialists name, ill get him to make new invoices. obviously the car drives fine. i said it doesn't make sense that you are not going to change the invoice to another dealer or person. he said I'm in the middle trying to sort this out, i will get them corrected, whoever done the service will have his name and number on there. i sold this car on behalf of someone a you know already, the car you purchased is a contract with you and him, the contract clearly states the sale is between you and him, 'i never saw this seller'

    it says on the terms and conditions the buyer acknowledges the vehicle is sold in accordance with its description on eBay, but of course if the invoices are counterfeit it does not have full dealer and specialist service history. also why would the dealer sign this contract and not the seller if the dealer has nothing to do with it, the dealer didnt even out his full name and address but put mines.

    He said what do you want me to do?
    i said i want a full refund or you get that specialist to sort the invoices and confirm the correct oil. he said no i will not refund but can change the invoice. send me the invoices i will speak to the mechanic he can give you an invoice for both 2016 and 2017. he then said do what you want to do. he said come down and we will talk face to face, i said i don't want to travel 3 hours to see you if we can sort this on the phone, he said we can speak to the mechanic.

    Please help me, i now have a car sitting outside with low engine oil and have found out the last 2 service invoices are counterfeit as confirmed by the specialist who are a few minutes away i believe from the dealer i bought the car from.
Page 2
    • steampowered
    • By steampowered 12th Oct 17, 10:11 AM
    • 1,957 Posts
    • 1,828 Thanks
    steampowered
    It sounds like you can formally reject the car and issue a legal claim against the dealer for a refund if you wish.

    It is quite easy to do.

    However, as the value of your claim would exceed the £10k small claims limit, you would be liable for the dealer's legal costs if you lose (though he would have to pay your legal costs if you win).
    • ScorpiondeRooftrouser
    • By ScorpiondeRooftrouser 12th Oct 17, 1:04 PM
    • 2,106 Posts
    • 3,140 Thanks
    ScorpiondeRooftrouser
    It sounds like you can formally reject the car and issue a legal claim against the dealer for a refund if you wish.

    It is quite easy to do.

    However, as the value of your claim would exceed the £10k small claims limit, you would be liable for the dealer's legal costs if you lose (though he would have to pay your legal costs if you win).
    Originally posted by steampowered
    If the dealer is correct in saying

    " i sold this car on behalf of someone a you know already, the car you purchased is a contract with you and him, the contract clearly states the sale is between you and him, "

    and the paperwork reflects this, I would have thought he's going to have problems in claiming against the dealer. Did he pay the dealer or did he pay the mystery seller?
    • salmankhan
    • By salmankhan 12th Oct 17, 2:54 PM
    • 16 Posts
    • 1 Thanks
    salmankhan
    If the dealer is correct in saying

    " i sold this car on behalf of someone a you know already, the car you purchased is a contract with you and him, the contract clearly states the sale is between you and him, "

    and the paperwork reflects this, I would have thought he's going to have problems in claiming against the dealer. Did he pay the dealer or did he pay the mystery seller?
    Originally posted by ScorpiondeRooftrouser

    thanks for for replying, will answer all questions but yes i did transfer the money 20k to this dealer and he also took the remaining cash he also signed the contract which states as described on eBay.
    • steampowered
    • By steampowered 12th Oct 17, 4:02 PM
    • 1,957 Posts
    • 1,828 Thanks
    steampowered
    If the dealer is correct in saying

    " i sold this car on behalf of someone a you know already, the car you purchased is a contract with you and him, the contract clearly states the sale is between you and him, "

    and the paperwork reflects this, I would have thought he's going to have problems in claiming against the dealer. Did he pay the dealer or did he pay the mystery seller?
    Originally posted by ScorpiondeRooftrouser
    If the identity of the mystery seller was disclosed at the time, the mystery seller was in legal terms a 'disclosed principal', and you would have to pursue the mystery seller.

    If the identity of the mystery seller was not disclosed at the time, he was an 'undisclosed principal', and the dealer would be liable.

    The key thing would be what the paperwork says. There should be an invoice saying who the seller is. If there is nothing on the paperwork, the Op's contract will be with the dealer.
    Last edited by steampowered; 12-10-2017 at 4:08 PM.
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