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

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Comments

  • mikey72
    mikey72 Posts: 14,680 Forumite
    Sold as seen included the advertised history, or any other fact the seller stated as true.
    If it was advertised on ebay, it doesn't matter if it wasn't completed on ebay, it was sold as advertised, with the paperwork.
  • s_b
    s_b Posts: 4,464 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    yes a blunt instrument was used to deceive
  • Tilt
    Tilt Posts: 3,599 Forumite
    We are now up to 44 posts and the OP has only posted twice on this! I have given my advice on what info the OP has provided. If and when he/she chooses to return with anything else, I will give my further thoughts but untill then, i'm not going to waste anymore time here.
    PLEASE NOTE
    My advice should be used as guidance only. You should always obtain face to face professional advice before taking any action.
  • Flyboy152
    Flyboy152 Posts: 17,118 Forumite
    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.

    :wall:

    Where do you get this nonsense from?
    The greater danger, for most of us, lies not in setting our aim too high and falling short; but in setting our aim too low and achieving our mark
  • scheming_gypsy
    scheming_gypsy Posts: 18,410 Forumite
    edited 13 June 2011 at 12:39AM
    Flyboy152 wrote: »
    :wall:

    Where do you get this nonsense from?

    i'd find it easier to answer if you actually made a point. Which nonsense? or are you saying that trading standards deal with personal sales?


    and just for information

    http://www.tradingstandards.gov.uk/wirral/support/support1.htm
    Buying Privately

    If you buy from a private seller, e.g. a car or other goods from the small ads in the local paper, the law gives you fewer rights than if you buy from a trader. In such circumstances, goods only have to be as described. They do not need to be free of faults or fit for their purpose. It is very much a case of buyer beware! You should thoroughly examine the goods before purchase. It may be a good idea to obtain an expert opinion on the goods if they are expensive e.g. a car or antique.
    If the seller says anything misleading about the goods and you buy on the basis of what is said, then you may be able to seek a legal remedy, but this is difficult to enforce. It is often good practice to ask for a description of the goods in writing.
    It is illegal for a trader to pretend to be a private seller and the trader can be prosecuted. He will be trying to take away your statutory rights. If you have purchased from a trader your normal statutory rights will apply.
    If you think the trader is posing as a private seller, You should inform The Trading Standards Advice Line
  • Flyboy152
    Flyboy152 Posts: 17,118 Forumite
    Tilt wrote: »
    We are now up to 44 posts and the OP has only posted twice on this! I have given my advice on what info the OP has provided. If and when he/she chooses to return with anything else, I will give my further thoughts but untill then, i'm not going to waste anymore time here.

    I am not surprised, given the way some posters have behaved. I honestly despair at the motivations of some members for posting on a site called, "Money Saving Expert."
    The greater danger, for most of us, lies not in setting our aim too high and falling short; but in setting our aim too low and achieving our mark
  • Hi guys,

    Thanks for all the great replies.

    An update: when I threatened the guy with legal action he backed down and agreed to pay me a partial refund which I was happy with. This was around a week ago and I have heard excuse after excuse but still no refund. He is very polite on the phone but every promise he makes seems to be empty. I don't want to take legal action if I'm not likely to get anywhere and it cost me a fortune. This guy has really taken the !!!! now and I feel very determined that he gets what's coming to him. I had someone look at the car and none of the work said to be done has been carried out. Mostly internal engine modifications so impossible to tell at the time of sale. He has admitted to me he made the receipts on his home computer!

    So is the general consensus that my next step is TS?

    Many Thanks, sorry for the late update but I thought I had this matter sorted and was just waiting waiting for the refund before I posted that it's resolved.

    Many Thanks.
  • scheming_gypsy
    scheming_gypsy Posts: 18,410 Forumite

    So is the general consensus that my next step is TS?

    .

    i'd say it isn't as they'd probably advise that they can't do anything as you're a private seller buying from a private buyer. They may be able to advise you or just tell you to phone the CAB; but i'm guessing your next course of action would be to threaten him with the small claims court.
  • Flyboy152
    Flyboy152 Posts: 17,118 Forumite
    i'd say it isn't as they'd probably advise that they can't do anything as you're a private seller buying from a private buyer. They may be able to advise you or just tell you to phone the CAB; but i'm guessing your next course of action would be to threaten him with the small claims court.

    Trading Standards do deal with private sellers if they have misrepresented the car.
    The greater danger, for most of us, lies not in setting our aim too high and falling short; but in setting our aim too low and achieving our mark
  • bigjl
    bigjl Posts: 6,457 Forumite
    Trading Standards don't just deal with traders from what I have seen.

    For example it is Trading Standards that will tell you it is illegal to sell a car that you know to be clocked without declaring that it is clocked or at least that the mileage is known to be incorrect.

    Not sure what CAB will do apart from advise you to speak to TS.

    Has the OP spoken to TS, they are the only ones that can start a prosecution.

    The OP needs to sort out wether they want a refund or to take action, the OP can't do both, any refund will be considered as compensation and the allegation that the seller made up the history on his computer will be hearsay, unless the OP recorded the conversation of has an independant witness.
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