Sold car over a year ago it’s cloned

mahrez1980

Hi
i sold a car back in January 2020 to a friend, he found the car cloned and was taking by the police last month. He’s asking for his money back. The car was hpi clear when sold and he’s done all necessary checks. Now he’s asking for he’s money based on.

Under the Consumer Rights Act 2015, goods you supply must be fit for purpose. As there was a problem with the goods when I bought them, I request that you give me a full refund.

Please help on this matter. Thanks 

user1977

I'm not quite sure what you mean by "cloned" in this context (do you mean it was stolen property before you acquired it?), but there is no principle that a second hand car needs to be "fit for purpose" or that you need to give a refund because he's found "a problem with the goods".

Aylesbury_Duck

mahrez1980 said:

Hi
i sold a car back in January 2020 to a friend, he found the car cloned and was taking by the police last month. He’s asking for his money back. The car was hpi clear when sold and he’s done all necessary checks. Now he’s asking for he’s money based on.

Under the Consumer Rights Act 2015, goods you supply must be fit for purpose. As there was a problem with the goods when I bought them, I request that you give me a full refund.

Please help on this matter. Thanks 

The obvious first question is: Did you know, or suspect, there was something amiss with the vehicle and its identity?

The second pertinent question is: Are you a trader?

prowla

Buyer beware and all that...

https://www.which.co.uk/consumer-rights/advice/what-are-my-rights-when-buying-second-hand-goods-apeuz1f3nYUK 

Of course, if it was you who stole and cloned it, then that would be a whole lot more than your mate wanting his money back.

Alderbank

How did you acquire the car yourself in the first place?

Is it the donor car, ie. the 'genuine' car whose reg numbers were copied or is it the car with the false plates?

Did the VIN numbers scattered around the car match up with the number printed in the V5C?

You say the car was hpi clear. Hpi give a warranty of up to £30,000 if you buy as a result of their wrong information, however I don't think they guarantee a car is not cloned (I don't think it's possible to do that).

mahrez1980

user1977 said:

I'm not quite sure what you mean by "cloned" in this context (do you mean it was stolen property before you acquired it?), but there is no principle that a second hand car needs to be "fit for purpose" or that you need to give a refund because he's found "a problem with the goods".

Cloned, their was a similar Reg driving around in different location, what is the please start the research and the investigation, the car I sold my friend, turned up to be cloned, because there was a scratch end of the seat on the chassis number. The police determination is that the car sold my friend is the cloned one. they took it away.

sheramber

When did you buy it and from where?

MattMattMattUK

mahrez1980 said:

user1977 said:

I'm not quite sure what you mean by "cloned" in this context (do you mean it was stolen property before you acquired it?), but there is no principle that a second hand car needs to be "fit for purpose" or that you need to give a refund because he's found "a problem with the goods".

Cloned, their was a similar Reg driving around in different location, what is the please start the research and the investigation, the car I sold my friend, turned up to be cloned, because there was a scratch end of the seat on the chassis number. The police determination is that the car sold my friend is the cloned one. they took it away.

The issue is nothing to do with consumer rights, they do not apply, however you may have, however unwittingly, sold stolen goods. 

Aylesbury_Duck

MattMattMattUK said:

mahrez1980 said:

user1977 said:

I'm not quite sure what you mean by "cloned" in this context (do you mean it was stolen property before you acquired it?), but there is no principle that a second hand car needs to be "fit for purpose" or that you need to give a refund because he's found "a problem with the goods".

Cloned, their was a similar Reg driving around in different location, what is the please start the research and the investigation, the car I sold my friend, turned up to be cloned, because there was a scratch end of the seat on the chassis number. The police determination is that the car sold my friend is the cloned one. they took it away.

The issue is nothing to do with consumer rights, they do not apply, however you may have, however unwittingly, sold stollen goods. 

And it's not even Christmas 

Boffinman

Aylesbury_Duck said:

MattMattMattUK said:

mahrez1980 said:

user1977 said:

I'm not quite sure what you mean by "cloned" in this context (do you mean it was stolen property before you acquired it?), but there is no principle that a second hand car needs to be "fit for purpose" or that you need to give a refund because he's found "a problem with the goods".

Cloned, their was a similar Reg driving around in different location, what is the please start the research and the investigation, the car I sold my friend, turned up to be cloned, because there was a scratch end of the seat on the chassis number. The police determination is that the car sold my friend is the cloned one. they took it away.

The issue is nothing to do with consumer rights, they do not apply, however you may have, however unwittingly, sold stollen goods. 

And it's not even Christmas 

Must have been a German car I guess......

mahrez1980

Alderbank said:

How did you acquire the car yourself in the first place?

Is it the donor car, ie. the 'genuine' car whose reg numbers were copied or is it the car with the false plates?

Did the VIN numbers scattered around the car match up with the number printed in the V5C?

You say the car was hpi clear. Hpi give a warranty of up to £30,000 if you buy as a result of their wrong information, however I don't think they guarantee a car is not cloned (I don't think it's possible to do that).

i bought  the car privatley from someone that was recomended by a friend (i have his address and first name), i had to fill in the v62 with dvla, i had the v5 issued by the dvla as per usual. when this buyer came and bought the car hes done all the recearches including hpi and it was clear. durham police came to his house mentioning thet it might be cloned as the have similar one in thier county. after forensic team inspected the car they only found the vin number under the seat scratched a bit so the confirmed its cloned car so, they took it. no after selling the car over a year ago the buyer is asking for refund. just wanted to know where im standing in this case that came out of nowhere please?. thank you