Bought a used car from a dealer posing as a private seller - advice please!

unholyangel

budgerigirl wrote: »

paid cash yes, sorry for not mentioning that. yes 'sold as seen' is illegal to put on receipts. car was only listed on ebay but not bought through then so eby does not really come into it. Just looking for some advice on what our rights are and where to go from here really - any help would be much appreciated.

Not sure about it being illegal but it certainly isnt legally binding in the case of consumer purchases from a business.

However, it is illegal to sell an unroadworthy car whether you are a dealer OR a private individual. So his defence of "private sale" doesn't necessarily hold the water he thinks it does.

Having a look at this site may provide some useful information for you:
http://www.adviceguide.org.uk/england/consumer_e/consumer_cars_and_other_vehicles_e/consumer_problems_with_the_car_you_bought_e/the_car_you_bought_is_not_roadworthy.htm

Herongull

This sounds to me like fraud. Shouldn't the police be informed?

Given how much information you've got and the fact he may be doing this to other people, they may want to prosecute.

s_b

Herongull wrote: »

This sounds to me like fraud. Shouldn't the police be informed?

Given how much information you've got and the fact he may be doing this to other people, they may want to prosecute.

hi
police wont be interested
you have to think deeper
tax avoidance
vat avoidance
possible local unfair council avoidance
unpermitted trading etc

these people really need stopping from every angle because they are working in the black economy
just to add, anyone who buys from people like these thinking they are saving money like paying a plumber cash get short shrift from me

borris89

always google numbers and names before buying from unknown / untrusted sources.

unholyangel

s_b wrote: »

hi
police wont be interested
you have to think deeper
tax avoidance
vat avoidance
possible local unfair council avoidance
unpermitted trading etc

these people really need stopping from every angle because they are working in the black economy
just to add, anyone who buys from people like these thinking they are saving money like paying a plumber cash get short shrift from me

Orrrrrr you could think simpler and the OP could report them to trading standards who would investigate, inform the necessary authorities (if anything out of place) and take the appropriate action.

Especially since (if they're not paying their VAT bill etc) that none of the above would get the OP their money back. If anything, doing any of the above would likely harm their chances of getting their money back. If the company owe VAT......do you think the government are just going to say "oh well just give it to his customers instead" ? No, they'll take what is owed to them with no consideration for the OP.

unholyangel

s_b wrote: »

you seriously think this seller is going to give a refund?
oh dear

Where did I say that in my post? While it is possible the seller will give a refund (notice the word possible and not probable), ultimately I think the OP's best bet is going to be in a small claims court, naming both the company and the individual in question as defendants. Especially since the courts tend to take a dim view on businesses who try and purposely avoid their responsibilities.

mattyprice4004

unholyangel wrote: »

Not sure about it being illegal but it certainly isnt legally binding in the case of consumer purchases from a business.

However, it is illegal to sell an unroadworthy car whether you are a dealer OR a private individual. So his defence of "private sale" doesn't necessarily hold the water he thinks it does.

Having a look at this site may provide some useful information for you:
http://www.adviceguide.org.uk/england/consumer_e/consumer_cars_and_other_vehicles_e/consumer_problems_with_the_car_you_bought_e/the_car_you_bought_is_not_roadworthy.htm

It's not illegal to sell an unroadworthy car as long as its described correctly.

unholyangel

mattyprice4004 wrote: »

It's not illegal to sell an unroadworthy car as long as its described correctly.

Thanks for stating the obvious. I forgot that so many people lack common sense.

And btw if its a dealer, they need to prove they took all reasonable steps to make the buyer aware that driving the car on the road would be illegal. So a description stating that the car needed work may not be enough.

But no point of discussing this since it has absolutely nothing to do with the OP's situation.

Pippin12

Back to the OP - I had a similar experience where a trader was masquerading as a private seller. I went to see him and told him if he didn't refund my money I was going straight to trading standards/consumer protection to report him as a trader. He couldn't give me my money fast enough. Posing as a private seller when in fact a trader is breaking the law and people are regularly prosecuted and fined for it. This might give you the leverage you need to get your money back. Good luck OP.

Sharpey0408

Sounds like a misrepresentation - aside from your consumer rights, sounds like an evidential issue.