sold an illegal car and offered a dodgy replacement - refund refused

tobyl

buglawton wrote: »

Was the car bought on finance or by credit card? If so you may have some leverage against the seller.

Hi no unfortunately the card machines weren't set up ( and he was telling truth on this as have seen them since) As it was 6 pm on Saturday the banks were closed as he was saying a bank transfer was safer for me!, I transfered 50% via paypal (have since discovered they don't cover car sales) and rest cash so no I don't have a leg to stand on there either.
I was going to pay by cards but took the rest out in cash via cash machines on the Sunday and went back

tobyl

buglawton wrote: »

Was the car bought on finance or by credit card? If so you may have some leverage against the seller.

Having just had to buy another car on finance - I know the checks they run and no lender will ever lend to cars this man sells. I am sure they are all cat c write offs like the two I experienced. The alternative I did have RAC checked and the inspector said not to touch it, it had 9 out of 14 things flagged, the VIN number wasn't there, it was filled with filler. The inspector said he wouldn't be surprised if they shipped them out fo country for cheap rubbish repairs but again they all looked o.k inside and out.
It's just awful this man is on the High street churning out death traps and not even sending the V5 off.
I guess he just saw me coming

worried_jim

tobyl wrote: »

I joined this forum looking for some constructive advice not someone who had made me feel more stupid than I already do. I didn't lift the bonnet, no as I wouldn't have known what to look for. I lost my Mother a few months ago and yes friends have pointed out I made a bad judgement call but however dumb I have been, this creep at the garage shouldn't be able to sell a car that is illegal and dangerous

It was more a tip for the future. Even if you don't know what you are looking for, pop the bonnet and pretend you do- everyone has to start somewhere but knowing what the battery is, the air filter and the oil dipstick will help you immensely in the running of any car. Good luck getting it sorted.

buglawton

Cars are not covered by standard Paypal Buyer Protection. But you most certainly can dispute a payment if goods are SNAD - significantly not as described. I would do this anyway and follow through relentlessly (having won a tricky Paypal dispute myself). This means understanding the procedure and supplying copious supporting evidence.

You have max 45 days from the payment date to do it. Now, please don't say that over 45 days have elapsed.

almillar

It was more a tip for the future. Even if you don't know what you are looking for, pop the bonnet and pretend you do- everyone has to start somewhere but knowing what the battery is, the air filter and the oil dipstick will help you immensely in the running of any car. Good luck getting it sorted.

Really good advice, and consider that a lot of the knowledge above would be needed if you wanted to pass your driving test today!

owen_money

tobyl wrote: »

The police do not consider it theft as my name isn't on log book .

I didn't think that having the V5 was proof of ownership??

buglawton

Well, what about disputing the payment via Paypal as per my post 2 days ago? You should be able to get half the money back once you have proved:
a) The payment was towards this car
b) The car is was now sold to / is being driven by / has been registered to someone else.

File your dispute immediately. Add proof of the advert (Gumtree has marked it as no longer avail but still lists the details - get screen shots fast), car reg, copy of your bank statement showing amount of cash you withdrew that day and evidence of the replacement car you bought afterwards (all to generally support the facts).
You can follow up with solid evidence about the current ownership status of the car you rejected later.

Stay optimistic and respond immediately to every step of the dispute. Payal disputes can take ages but just persevere.

As well as the Paypal case I once won, I also also can recall getting quite a lot of money back for a relative who went on a cruise and had been scammed/overcharged by a foreign hotel plus a dodgy retailer at one of the cruise stopoffs. I threatened to bring the payment card company into the picture and they both backed down and did substantial partial refunds.