Bought car, not as described and found receipts for work are fake.

Woody._2 · 11 June 2011 at 4:59PM

Tilt wrote: »

From your account, it certainly is not a civil case. I would say it is fraud or 'obtaing money or services by deception' which is contary to the [STRIKE]theft act 1968[/STRIKE] fraud act 2006.

The seller has deliberately produced false documents to persuade you to purchase the vehicle which cannot be anything else but deception. Go to the police station with all the documents and ask them to investigate.

Please, get upto date.:rotfl:

Tilt · 11 June 2011 at 5:05PM

Woody. wrote: »

Please, get upto date.:rotfl:

I am up to date;

The offence of obtaining property be deception is created by s15(1) of the Theft Act 1968 which provides:
"A person who by any deception dishonestly obtains property belonging to another, with the intention of permanently depriving the other of it, shall on conviction on indictment be liable to imprisonment for a term not exceeding 10 years."
The actus reus of this offence is complete if the defendant (1) by deception (2) obtains (3) property (4) belonging to another. The mens rea consists of the defendant acting (1) dishonestly (2) with the intention of permanently depriving the other of it, and (3) deliberately or recklessly making the deception.

Taken from; http://www.lawteacher.net/criminal-law/lecture-notes/deception-lecture.php

However, the fraud act could also be applied here. In any event, this is a criminal matter not a civil one.

bigjl · 11 June 2011 at 5:14PM

I assume this is some jap performance car or similar?

I would have thiught he has brojen some kind of law as being a private sellee means the goods have to be as described surely.

I would advise a trip to Citezins Advice asap. And a chat with Trading Standards as already suggested.

Hope you get a good result, also complain to eBay as he may do this a lot using different id's.

Strider590 · 11 June 2011 at 5:19PM

finleyblilfella wrote: »

Bought cash. The car was on Ebay and sold but the seller said the buyer couldn't get the money so offered it to me on a private sale.

Shill bidding too then...... Maybe? have ebay check that out.

How it works - The seller uses a second account to chase up the bidding price, then at the end if he wins, he offers the item to the next highest bidder.

VERY common scam when bidding on popular items... It's partly why I only ever do last minute bids.

Woody._2 · 11 June 2011 at 5:22PM

Tilt wrote: »

I am up to date;

The offence of obtaining property be deception is created by s15(1) of the Theft Act 1968 which provides:
"A person who by any deception dishonestly obtains property belonging to another, with the intention of permanently depriving the other of it, shall on conviction on indictment be liable to imprisonment for a term not exceeding 10 years."
The actus reus of this offence is complete if the defendant (1) by deception (2) obtains (3) property (4) belonging to another. The mens rea consists of the defendant acting (1) dishonestly (2) with the intention of permanently depriving the other of it, and (3) deliberately or recklessly making the deception.

Taken from; http://www.lawteacher.net/criminal-law/lecture-notes/deception-lecture.php

However, the fraud act could also be applied here. In any event, this is a criminal matter not a civil one.

See CPS charging standards.

The OP will however need to provide evidence the car was sold to him as modified. He would have to link the advert, car and receipts, else the seller could say it was a bog standard car he sold to the OP.

Woody._2 · 11 June 2011 at 5:24PM

Strider590 wrote: »

Shill bidding too then...... Maybe? have ebay check that out.

How it works - The seller uses a second account to chase up the bidding price, then at the end if he wins, he offers the item to the next highest bidder.

VERY common scam when bidding on popular items... It's partly why I only ever do last minute bids.

This really maters not to the OP, he bought the car outside of ebay. They do warn you not to do that.

scheming_gypsy · 11 June 2011 at 5:28PM

bigjl wrote: »

I assume this is some jap performance car or similar?

I would have thiught he has brojen some kind of law as being a private sellee means the goods have to be as described surely.

I would advise a trip to Citezins Advice asap. And a chat with Trading Standards as already suggested.

Hope you get a good result, also complain to eBay as he may do this a lot using different id's.

From the sound of it they haven't asked for their money back, just that the seller hasn't offered the money back. So a trip to Citizens Advice should come after asking for a refund and being told it isn't happening. Also, if it's a private sale i'm pretty sure that Trading Standard's won't entertain it as it has nothing to do with them.

Tilt · 11 June 2011 at 5:33PM

scheming_gypsy wrote: »

From the sound of it they haven't asked for their money back, just that the seller hasn't offered the money back. So a trip to Citizens Advice should come after asking for a refund and being told it isn't happening. Also, if it's a private sale i'm pretty sure that Trading Standard's won't entertain it as it has nothing to do with them.

If the seller has deliberately miss-sold or falsely discribed the car, then it matters not that it is a private sale. SOGA would still apply.

scheming_gypsy · 11 June 2011 at 5:42PM

Tilt wrote: »

If the seller has deliberately miss-sold or falsely discribed the car, then it matters not that it is a private sale. SOGA would still apply.

maybe but the 'trade' is the important part of trading standards. Trading Standards (as far as i'm aware) is when buying from a trader and not a private sale.

pitkin2020 · 11 June 2011 at 5:44PM

I would seriously consider what you want to happen before making any decisions on how to proceed, if your happy with most of the car are you happy to take a partial refund, if not do you just want your money back and give the car back. Once you have decided get in touch with the seller, not over the phone use recorded letter or even email as it leaves a paper trail should you need it.