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    • Len86
    • By Len86 8th Oct 17, 3:04 AM
    • 17Posts
    • 0Thanks
    taken to the cleaners a while back...
    • #1
    • 8th Oct 17, 3:04 AM
    taken to the cleaners a while back... 8th Oct 17 at 3:04 AM
    not sure where to start so here goes nothing. A few years ago I purchased a vehicle online from a trader, it was a used but very low mileage one owner car. The trader offered to have it shipped to me instead of me coming down and viewing the car to which I agreed. It arrived a few weeks later well past midnight in the freezing cold, I took a quick look around and it seemed OK at first glance.

    Once I sorted out the insurance in the morning I got in and immediately realised many things wrong with it. Flat tyre, handbrake was jammed, idled rough, damp in the footwell, etc etc. Once I got it moving, odd sounds where coming from the rear differential area, it pulled heavily to one side, aircon was faulty - nothing was right with it.

    I got on the phone to the trader who assured me it passed an MOT with flying colours and none of this had shown however because he was such a nice fella he agreed to have the car collected and shipped back to him and repaired and returned FREE of charge. This is in writing, so no misunderstanding there (still got copies.)

    A few weeks later I get a phone call telling me the vehicle was checked and nothing was found, and for that reason, I better pay him for the transport to and from and also the cost of inspection somewhere in the region of 1000??? I told him he must be having a laugh and to have it looked at again as I wasn't going to pay him a dime (not to mention, as per agreement, in writing.) He gets back to me two weeks later telling me it has been checked out again and a few faults found (irrelevant to the original faults) and that they where all sorted now BUT (and here is where it gets interesting) I must still cough up the 1000 for the all of this plus storage costs for every day I don't pay up. Knowing now I was dealing with a cowboy I threatened with legal action for which I received a menacing letter from his solicitors which went on for over a month.... backwards and forwards.

    Now, between the time of actual purchase and to this point I think a good three months had pasted, and not long after, family troubles forced me to end up having to leave and go abroad for almost two years. I kept in touch via email with his (even more cowboy) solicitors but this ended up going nowhere.

    Now that I'm back, where do I stand on this exactly? Can I still pursue this in small claims court? It is still within the 5 years.

    The solicitors claim he has sold the vehicle to recover his false costs. If so, is this not fraud? (logbook fraud?)

    Where do I stand?
Page 3
    • Car 54
    • By Car 54 8th Oct 17, 10:01 PM
    • 3,025 Posts
    • 1,898 Thanks
    Car 54
    You missed the other part about consent. It is true a log book is only a registered keepers document however consent is needed from the legal owner before hand, written or verbal it doesn't matter.
    Originally posted by Len86
    Under what legislation?

    AFAIK all that is needed or a change of keeper to be legal is the consent of the current keeper, who by definition is not necessarily the owner.
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