Sold car over a year ago it’s cloned

mahrez1980

Aylesbury_Duck said:

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?

i bought the car just like any buyer, im not trader

Aylesbury_Duck

Thanks for answering.

Judging from that letter, it seems your buyer knows what he's doing, and that you've unwittingly sold a stolen car.  I can't see that you have a leg to stand on, unfortunately.

marcia_

mahrez1980 said:

Aylesbury_Duck said:

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?

i bought the car just like any buyer, im not trader

 Did you use this car or just buy to sell on? The latter makes you a trader. 

macman

How long did you own the car for?

Alderbank

Yes, judging from that letter, it seems your buyer knows what he's doing...

If what he says is true, and not a scam, you will get a visit very soon indeed from the police wanting a friendly chat about handling stolen goods. They will want to make the acquaintance of the friend of a friend you bought the car from.

Don't rush to pay any money back just yet.

MalMonroe

mahrez1980 said:

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 privately from someone that was recommended 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 researches 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 

Hi, you said ^^^ above.

In that case and if I were in your position, I would definitely report that person whose address you have to the police, as from what you say, you were also (like your mate) unwittingly involved in some kind of scam/illegal scheme. 

I would phone the same Durham police that your mate dealt with because you have been scammed, just as your friend thinks he's been scammed by you and they can give you a crime number too.

I think your standing here is that you are as much a victim as your mate. I'd also be tempted to contact Citizens Advice to see if they can put you in contact with someone who can help you with legal matters.

https://www.citizensadvice.org.uk/law-and-courts/legal-system/finding-free-or-affordable-legal-help/

I don't think I'd buy or sell cars from or to any friends - or friends of friends - in the future either. Now two friendships are ruined.

Aylesbury_Duck

marcia_ said:

mahrez1980 said:

Aylesbury_Duck said:

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?

i bought the car just like any buyer, im not trader

 Did you use this car or just buy to sell on? The latter makes you a trader. 

A fair question, and actually, OP didn't really answer my first question, although that might just be the way he worded the answer.

powerful_Rogue

macman said:

How long did you own the car for?

Not long by the looks of it. It was listed for sale on Autotrader on the 31st July 2021 and the OP sold it on the 12th January 2022.
Strange how it had an MOT on the 2nd February 2022 (by the new owner) and then again on the 17th November 2022.

tightauldgit

Just the pedant in me when reading that letter but is a cloned car 'faulty' or 'not fit for purpose' strictly speaking? 

Not saying that's going to help the OP, just wondering what the correct terminology is? 

lincroft1710

tightauldgit said:

Just the pedant in me when reading that letter but is a cloned car 'faulty' or 'not fit for purpose' strictly speaking? 

Not saying that's going to help the OP, just wondering what the correct terminology is? 

Being equally pedantic, is there not a "fault" in the fact that the number plate attached to the car is not the correct one?