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

Flyboy152

bigjl wrote: »

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.

A prosecution by Trading Standards would establish that.

Tilt

finleyblilfella wrote: »

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.

Why should it cost you a fortune? The seller has committed fraud or deception! So go to either trading standards or the police with the fake paperwork and report it as such. Frankly you should of done this in the first place.

maninthestreet

This is a police matter - the fabricated receipts and their use in selling the car constitute the offences of forgery and of using a false instrument:

http://www.legislation.gov.uk/ukpga/1981/45/part/I

There may also be further offences comitted under the Fraud Act 2005.

s_b

maninthestreet wrote: »

This is a police matter - the fabricated receipts and their use in selling the car constitute the offences of forgery and of using a false instrument:

http://www.legislation.gov.uk/ukpga/1981/45/part/I

There may also be further offences comitted under the Fraud Act 2005.

post 43
this is what i would shove under the nose of the desk sergeant too

finleyblilfella

Well, still no refund. Looks like a trip to the police station and citizens advice on Monday. I will keep you posted on the outcome. Thanks again for all the great replies!

Yorkie1

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.

Yes it is a criminal matter. But you are not up to date.

S.15(1) Theft Act 1968 was repealed by the Fraud Act 2006 with effect from 15 January 2007.

The OP needs to refer the police to:

- fraud by false representation s.2 Fraud Act 2006
- forgery s.1 Forgery & Counterfeiting Act 1981
- using a false instrument s.3 FCA 1981
- false accounting s.17 Theft Act 1968

Yes they will try to tell you it's a civil matter but there is a reasonable suspicion of a criminal offence having been committed (and ones which are triable at the Crown Court) and therefore it should be investigated.

finleyblilfella

My local police station was open today, so I've just been and given a statement. They seem to think this could be a criminal case so are looking into it for me. They are sending the report to Blackpool police for them to follow it up. I am not going to let them fob me off saying it's just a civil case because it definitely isn't. Either way, I'm going to follow this up. Whether it be civil or criminal.

Thanks for the advice. Keep it coming!!

FBLF

Flyboy152

finleyblilfella wrote: »

My local police station was open today

Sorry....don't believe you, surely this is a fantasy.

so I've just been and given a statement. They seem to think this could be a criminal case so are looking into it for me. They are sending the report to Blackpool police for them to follow it up. I am not going to let them fob me off saying it's just a civil case because it definitely isn't. Either way, I'm going to follow this up. Whether it be civil or criminal.

Thanks for the advice. Keep it coming!!

FBLF

Bets of luck, let's hope they come up with something. :beer:

finleyblilfella

Flyboy152 wrote: »

Sorry....don't believe you, surely this is a fantasy.



Hahaha, the police station where I used to live was rarely open! lol