Car fraud

emmell

But what if the car turned out to be a shed and the customer didn't want it, would they have to then buy it as they had paid a deposit as down payment. This is puzzling me, as previously working in the motor trade for over 20years I don't know anyone who would agree to buy a car totally unseen.
There only seems to be a few of us following this thread now, I think the original op has deserted us.
ML.

Chippy_Minton_2

emmell wrote: »

, as previously working in the motor trade for over 20years

Don't you know the answer then?:rotfl:

If the car was a shed can the OP get their deposit back?

Premier_2

Tozer wrote: »

Oh, I do. Its called a judgment by default (pursuant to Part 12 Civil Procedure Rules).

Never a good thing to happen - it means you have missed a deadline for acknowledging service of claim or filing a defence. Instant professional negligence for a lawyer in private practice to allow it to happen. So no, I've never had it happen to me.

The way it is usually done by decent outfits is to acknowledge service (getting an extra 14 days grace) and use the time to compromise the matter.

Or not let a claim be issued in the first place.

So you did defend small claims (if you received any)?

How can you possibly "not let a claim be issued in the first place" ?

Why won't you tell me the company that doesn't ever defend small claims? I've got my moneyclaim online account open & waiting to slap in a couple of claims right now

Tozer

Premier wrote: »

So you did defend small claims (if you received any)?

How can you possibly "not let a claim be issued in the first place" ?

Why won't you tell me the company that doesn't ever defend small claims? I've got my moneyclaim online account open & waiting to slap in a couple of claims right now

What I said was I wouldn't ever allow a judgment in default.

Your second point - by resolving the matter.

Your third point - I'm not going to give out personal details on the internet. I don't think you have quite understood the point. Clearly if there is no justification for a claim, then a complete defence would be possible...and you would be perjuring yourself to submit a claim when it is entirely fictional.

emmell

Chippy_Minton wrote: »

Don't you know the answer then?:rotfl:

If the car was a shed can the OP get their deposit back?

Where I have worked in the past and self employed I have never had to deal with anybody putting a deposit on a vehicle unseen, most people view the car first, have it inspected (if need be), then when they are satisfied as to the condition and value, money then changed hands.
ML

slimer3k

People buy cars on Ebay unseen (still a bad idea in my opinion).

On Ebay, the car has to be exactly as described, so anything the seller doesn't list can be used against him to break the contract of sale.

So in this case, if there was anything wrong with the car that was not pointed out prior to the sale, the buyer has the right to have it fixed or exchanged under the sale of goods act.

Tozer

slimer3k wrote: »

People buy cars on Ebay unseen (still a bad idea in my opinion).

On Ebay, the car has to be exactly as described, so anything the seller doesn't list can be used against him to break the contract of sale.

So in this case, if there was anything wrong with the car that was not pointed out prior to the sale, the buyer has the right to have it fixed or exchanged under the sale of goods act.

Very good point. Ultimately the car would have to be as described, of satisfactory quality, etc...

emmell

I think we have all been deserted and the op has seen sense and bought something other than a Kia Picanto.
ML.