Can I return a cat D clocked car bought from private seller

spark_deals

Yes, the log book was in sellers name

Sgt_Pepper_2

spark_deals wrote: »

Yes, the log book was in sellers name

Not a classic sign of a trader then.

spark_deals

And the mileage alteration happened when the car was duly under the possession of the seller. Hence, I am suspecting the seller's probity than an innocent error.

System

spark_deals wrote: »

What I gather from this discussion about HPI is that it could be a numerical error.
If it is so, why the seller is not glad to give me enough info to challange the HPI report, which is my first proposal, rather than keeping quiet? Any ideas?
Thanks

Possibly as you have threatened him with police, small claims and trading standards he is not of a disposition to communicate with you at all and don't blame him. He is probably sure that there is very little that you can do about this and TBH with the available evidence I agree.

No actual proof that he is a trader
Private sellers don't have to inform of write offs unless asked.
Clocking. Would never hold up in court as it is different mileages over 3 days. it would be seen as a typo/misheard figure.

lesalanos

Is there any service history or anything showing milage. I also am thinking that it is an input error rather than clocking.

have you contacted autotrader to see if you can get a copy of the original advert. Are you sure that he hadnt disguised the catd in the ad to make it look like it was something else?

spark_deals

spark_deals wrote: »

Hi all,
I sent him the letter on 3/4/12: advising of the findings of HPI, the copy of reciept and asking him to give me information to challange the HPI report or to return the car and refund me. I also asked the seller to provide me his proposals for remedy as well and gave him 14 days to reply.
NO REPLY.
I sent another letter saying the same : information to challange the HPI report or to return the car and refund me. I also asked the seller to provide me his proposals for remedy. And advised him to consider involved police for alleged clocking and courts for small claim as seller lied to me about the cat D and clocking. ( the V5C shows hm as the owner when clocking took place).
Spark.

!!!!!! wrote: »

Possibly as you have threatened him with police, small claims and trading standards he is not of a disposition to communicate with you at all and don't blame him.

No actual proof that he is a trader
Private sellers don't have to inform of write offs unless asked.
Clocking. Would never hold up in court as it is different mileages over 3 days. it would be seen as a typo/misheard figure.

Thank you for your thoughts.
I did not threaten him at first instance.
I offered him to provide info. to challange the HPI report or refund or his proposals. ( I was spectical about mileage findings of HPI and wanted to challange this and get benefit of HPI's assurance about correctness of report)
With regards to unless asked, I catagorically did to which he replied damage to tailgate. and No Insurance claims.
And I am not able to get tradex insurance as Mr. Joe Public, how could he?
Why 3 different mileages in 3 different days baffles me as well.
Thanks.

forgotmyname

I think your going to struggle, Just because he is working doesn't mean you will get your money back.

He could say he was a trader, Stopped trading this was his private car he sold to pay some bills.

Unless you have proof that he lied and want to gamble on him paying you then its probably not worth it.
Run the car until its worthless, At that point in time nobody will care if its a cat D.

spark_deals

Very true.
Lesson learnt but as trading standards are involved, I have to see it to the end and as a matter of principle also.
Thanks

harveybobbles

Even if you took him to Court and won, you'd still have to get him to pay out!

Go down this route and then you need to get in touch with a Sherrif for High Court Writ.

To be honest, as a private buyer you will have a low sucess rate as, you know full well about HPi checks. They are advertised everywhere.

His paperwork is sloppy. But as is your knowledge. So who knows which way it could go.

vax2002

get a friend to call the number and say the following..
Hello I am calling about your car for sale.
You will soon have your answer if it is a dealer.
A top tip for others as well, always enquire about the car for sale, never state the make and model, some will try to ride it hoping you will give away which one, but with the right questions even the most savy dealer will ask "which car"
You know from that point on you are dealing with an illegal trader.