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Buying a car - paying balance to another company - is this legal?

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marluc
marluc Posts: 160 Forumite
Hi
Don't know whether this is in the right forum, but wondered if anyone could give me any advice? I put a £50 deposit on a car on Friday. I am meant to be paying over £2000 later today by banker's transfer. I went to see the owner at the garage yesterday, to see how the minor repairs were getting on. He told me that as he was a new business, he wanted me to put an auction house name on the cheque, not his. Is this legal? Surely I am buying the car off him, not an auction house. The car comes with 12 months warranty, but if he goes bust or something, then I will not have any recourse as I have paid the auction house for a car that I have not bought from them.
Any advice please?

Comments

  • rodenal
    rodenal Posts: 831 Forumite
    Sounds...oddd - maybe he hasn't paid the balance to said auction house for this week. Anyway I wouldn't be doing that - if he wants to send the money elsewhere and needs it same day he can pay the £20 to send it chaps from his own business account
  • scheming_gypsy
    scheming_gypsy Posts: 18,410 Forumite
    You'll still have a receipt / invoice from him for the sale of the car including 12 months warranty. Also if he's covering the warranty himself rather than through a third party company, you probably won't have any comeback on the warranty if he goes bust.

    if you're worried about it, just turn up waving cash and let him give it to the auction house if he owes them anything. You'll get a receipt saying you've paid £2000 for a car with 12 months warranty.
  • marlot
    marlot Posts: 4,967 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Don't think it really makes that much difference. But I'd be checking the car thoroughly as he may not be the sort of dealer who is around in 12 months time.
  • colino
    colino Posts: 5,059 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Well done that trader! He has got the car from auction, sold it to you and all before he has paid his weekly/monthly account to the auction house. Not much difference to you (though get a detailed invoice from HIM) but excellent cashflow management.
  • why make a cheque out to the auction house? wheres his profit gone? unless he's got some debts to pay he aint going to be there long.
  • maninthestreet
    maninthestreet Posts: 16,127 Forumite
    Part of the Furniture
    I suspect his business is significantly overdrawn, and he needs to pay the auction house. If the cheque is made out to this business, it will just reduce his overdraft, and will have no way of paying the auction house the monies owed to it.
    "You were only supposed to blow the bl**dy doors off!!"
  • vax2002
    vax2002 Posts: 7,187 Forumite
    ALARM BELLS
    Now is the car his title to sell, is it under some contract that it belongs to the auction house until they are paid.
    I would want to know.
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • vaio
    vaio Posts: 12,287 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    I think I'd certainly be trying to work a credit card payment into the deal somewhere
  • I'd walk away. Plenty more cars for sale.
  • iolanthe07
    iolanthe07 Posts: 5,493 Forumite
    It sounds very iffy imho. I think I would be happy to write off the £50 deposit - could save you a lot of grief.
    I used to think that good grammar is important, but now I know that good wine is importanter.
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