Contract law?? Car purchase?

Jetjockey

A few days ago I negotiated the purchase of a used car from a chap I was introduced to by a friend. A price was agreed £550, and the following morning I met the chap at a local cafe and paid for the car (cash) and the owner handed me the documents. This was witnessed by a third party. An hour later, after a few coffees, we left the cafe and the previous owner of the vehicle that I had now bought offered to drive the vehicle to my house. The third party (my friend) would follow us and then drive the seller from my home back to his home to save a taxi fare.

I arrived home in my car followed by the seller in the car that I had just bought, followed by my friend who drove up the road to find a turning area.

The seller of the vehicle alighted from the vehicle and said “ I’ve changed my mind, I don’t want to sell the car”.
I said “the car is sold, you’ve accepted the money, the car is now mine”.
The seller repeated his statement and I then repeated mine. This happened maybe three times. The seller then took the £500 from his wallet, threw it down on the garden wall, got into the vehicle and drove off despite my protestations.

What do I do, what are my rights under the law? Was there a contract (verbal). Does the money changing hands cement that contract?
Can the seller take back the car after he has accepted the money from me?

Many questions I know, but I am really hacked off about this. I actually purchased parts for this vehicle and spent hours researching the vehicle. I want to approach a solicitor but is there any point?

Your advice would be appreciated if you have any constructive input to make.

Many thanks, ��

AdrianC

Yes, perhaps there is a breach of contract. In which case, you're entitled to your money back.

Which you've already got.

And, no, there wouldn't be any recompense for losses arising (the parts you bought). Anyway, did you really buy the parts BEFORE buying the car?

The time you spent researching is still valid, because that information may have led you to not buy that car, and may come in useful in buying a different similar car in the future. Not that there's any monetary loss there, anyway.

So how much time, effort and blood pressure are you willing to put into pursuing this? And what outcome do you expect to get?

Jetjockey

Yes, I did buy the parts the day before the money changed hands, I purchased a bonnet online, and the friend (third party) obtained a timing belt kit and water pump for me. The plan was to complete the work immediately as the car was required for use 48 hrs later.
Not quite sure where you are coming from here??? I’m not trying to pull a fast one. The sale had been agreed already and this was witnessed by several people including my friend. That’s why I am so aggrieved, I don’t like having my time and money wasted.

So, back to my original question, once the money and documents had changed hands, was there a contract, and is the seller in breach of that contract? As far as I am concerned the previous owner has now stolen the car by driving it away from my property, the fact that he has thrown the money down on my wall is surely not of importance?
I did not agree to the return of the money, or the cancellation of the sale!

I am prepared to expend quite some time and money on this if I have grounds to.

So where do I stand legally and what is the likely outcome?

P.S. I expect to get the car I purchased!

Thanks.

AdrianC

Jetjockey wrote: »

Yes, I did buy the parts the day before the money changed hands

At your own risk. What would have happened if he'd simply never shown up to do the deal?

Not quite sure where you are coming from here??? I’m not trying to pull a fast one. The sale had been agreed already and this was witnessed by several people including my friend. That’s why I am so aggrieved, I don’t like having my time and money wasted.

Nobody does.

So it's probably best not to waste more of each, eh?

So, back to my original question, once the money and documents had changed hands, was there a contract, and is the seller in breach of that contract?

Yes, and yes.
And legal recompense would be giving your money back. You already have it.

As far as I am concerned the previous owner has now stolen the car by driving it away from my property

Good luck with that. You never took delivery of the goods in the first place. The contract was cancelled before being fully completed. You were given a 100% refund of your money.

Are you seriously thinking of getting the police involved, claiming the car has been stolen?

I am prepared to expend quite some time and money on this if I have grounds to.

I thought you didn't like wasting your time and money?

So where do I stand legally and what is the likely outcome?

You will almost certainly end up without the car, and having spent more than its value on legal expenses, having also wasted a lot of time and blood pressure.


Let's go back a step... What's so special about this £500 bent car that you can't simply buy something else?

daveyjp

Offer, acceptance, consideration all satisfied.

You paid the money which was accepted and took ownership.

Fine line now between civil and criminal law as it could be argued your new car has been stolen.

Aylesbury_Duck

If you're sure you've purchased it, have the documents and it's been registered as yours then call the police and report the theft of your vehicle. You'll have to tell them the complete story, including the fact that you have your money back. See where that gets you.

Personally, I'd give it up. What do you think will happen if you persevere and force the other party to return the car and take their money? Would you be confident it was in exactly the same state it was in when you met the first time?

walwyn1978

Take the parts back to where you bought them from, or if they’re second hand parts bang them on EBay, recoup some/all of the outlay on those.

Legally the cost of pursuing this could mount up and up. Is that worth it to right a perceived wrong?

agrinnall

Jetjockey wrote: »

I am prepared to expend quite some time and money on this if I have grounds to.

If you have the money to waste on doubtful legal action why didn't you use some of it to buy a better car than a decrepit old banger in the first place?

Car_54

Is this an early April Fool? Or just a dark matter?

Carrot007

If you have the V5C and the V5 was filled in then I guess it was technically yours.


However you also allowed the old owner to drive it untaxed and likely uninsured so best nto to tell the police that.


If the V5 was never filled in and you have no v5c you did not complete the sale IMO. Either way letting the old owner drive it was insanity. He was probabably goign to steal your money and bottled out.

Car_54

Carrot007 wrote: »

If you have the V5C and the V5 was filled in then I guess it was technically yours.

No. At the top of the V5C, in large block capitals, it says "THIS DOCUMENT IS NOT PROOF OF OWNERSHIP".