My right with car bought from dealer - clone

kjrbetts

Hello all

Thank you for the advice, guidance and information.

Update as of today is that it is definitely a clone and was stolen. The car will be seized imminently.

I have not yet informed the dealer for exactly the reasons discussed. The police have told us that they would like to be the first to discuss it with the dealer. We'll approach them afterwards.

I spoke to a friend who is a lawyer (although her specialism is in employment law) and she said "there may be scope to pursue the dealer under the Sale of Goods Act 1979 - poss under section 12 on the basis that the dealer didn't have good title to actually sell the car (it's implied into the sale contract that he has the title to sell the car) "

The car was bought part exchange - car plus cash. Unfortunately nothing on credit card.

Yesterday, I emailed the dealer and told a white lie that I had been stung in the past with a car I bought being stolen and as such do they guarantee the ones they sell. The response said they undertook full HPI checks and in the event that this detects nothing and the car is indeed seized for any reason, they would refund the money. How true this turns out to be is a different matter, but fingers crossed. Interesting, he did end the email with "Every bonafide dealer should offer the same peace of mind ( although I appreciate that not all do)."

Thanks again

atrixblue.-MFR-.

actually if this is the case, then when the police talk to the dealer he should be contacting you to inform you and make arrangements, i.e money back or a vehicle of the same style fully checked fully HPI'd and some sort of goodwill gesture toward giving you the insurance premiums and tax if you paid for it on the this one

Sgt_Pepper_2

Of course the hpi is clear, your car hasn't been hpi'd. The genuine car has.

s_b

atrixblue.-MFR-. wrote: »

actually if this is the case, then when the police talk to the dealer he should be contacting you to inform you and make arrangements, i.e money back or a vehicle of the same style fully checked fully HPI'd and some sort of goodwill gesture toward giving you the insurance premiums and tax if you paid for it on the this one

to get all this in perspective
OP says local dealer been trading number of years
this says to me the trader hopefully has bought an unsuspecting clone
with the best will in the world its easilly possible and i think at this stage some of you are talking as if the dealer is a thief

stand back and think for a minute
times are hard this car that you are expecting the dealer to repay on and send a cake to the buyer might just be pushed over the edge by this and may need to seize trading if he cant get a bank overdraft
too many people think that us traders bathe in money and eat £50 notes for brunch
so back off till we have all the facts

i still say i would have put this trader in the loop if he was local and trusted never mind what the woodentops say

fivetide

Sgt_Pepper wrote: »

Of course the hpi is clear, your car hasn't been hpi'd. The genuine car has.

Or the dealer didn't bother to make sure the engine/chassis numbers matched and hadn't been tampered with. They just believed the HPI report into the legit car.

5t.

atrixblue.-MFR-.

s_b wrote: »

to get all this in perspective
OP says local dealer been trading number of years
this says to me the trader hopefully has bought an unsuspecting clone
with the best will in the world its easilly possible and i think at this stage some of you are talking as if the dealer is a thief

stand back and think for a minute
times are hard this car that you are expecting the dealer to repay on and send a cake to the buyer might just be pushed over the edge by this and may need to seize trading if he cant get a bank overdraft
too many people think that us traders bathe in money and eat £50 notes for brunch
so back off till we have all the facts

i still say i would have put this trader in the loop if he was local and trusted never mind what the woodentops say

times are hard, never mind that OP has worked hard for her cash to go buy a car then?

sorry SB but a basic check of VIN according to the REG and V5C engine number takes how long? if the DVLA found these descrepancies in few minutes of the OP taking her car there when requested why couldnt the dealer?

too many people reliant on the "cumputer says no" so i must check attitude instead of manual check ok HPI check ok V5C checks out ok then there you go its OK.

i do feel sorry for you traders, i honestly do, and in this case there could be basically two victims of crime, but the dealer should do best by the OP.

rev_henry

kjrbetts wrote: »

Hello all

Thank you for the advice, guidance and information.

Update as of today is that it is definitely a clone and was stolen. The car will be seized imminently.

I have not yet informed the dealer for exactly the reasons discussed. The police have told us that they would like to be the first to discuss it with the dealer. We'll approach them afterwards.

I spoke to a friend who is a lawyer (although her specialism is in employment law) and she said "there may be scope to pursue the dealer under the Sale of Goods Act 1979 - poss under section 12 on the basis that the dealer didn't have good title to actually sell the car (it's implied into the sale contract that he has the title to sell the car) "

The car was bought part exchange - car plus cash. Unfortunately nothing on credit card.

Yesterday, I emailed the dealer and told a white lie that I had been stung in the past with a car I bought being stolen and as such do they guarantee the ones they sell. The response said they undertook full HPI checks and in the event that this detects nothing and the car is indeed seized for any reason, they would refund the money. How true this turns out to be is a different matter, but fingers crossed. Interesting, he did end the email with "Every bonafide dealer should offer the same peace of mind ( although I appreciate that not all do)."

Thanks again

If he's a local dealer been around for years and is sending emails like that he sounds trustworthy. Though I appreciate anyone can talk the talk.

forgotmyname

s_b wrote: »

to get all this in perspective

some of you are talking as if the dealer is a thief

Very true, But wasnt there a large gang busted for this about 4 years back? Selling the same car several times over.

1 genuine car comes in and 4 get sold with the same details. Or 1 damaged car comes in, Gets crushed and a stolen car gets sold with those details.

If he is honest them the OP will have no worries and get a full refund. But if dealers are struggling where will that dealer get the cash from?

spiro

forgotmyname wrote: »

But if dealers are struggling where will that dealer get the cash from?

I would hope he has some form of insurance to cover for things like this if he has followed their rules i.e. checked engine number etc.

motorguy

spiro wrote: »

I would hope he has some form of insurance to cover for things like this if he has followed their rules i.e. checked engine number etc.

I would highly doubt his insurance will cover it, in the same way as your private policy wont.

My trade policy wouldnt.