93 replies to this topic

[Robbo9227]

this must be the first time we have had a member threatening to take another member to court , over their own lack of due diligence

frankly its not acceptable and totally against the spirit of what is a very welcoming club forum

So the spirit of the forum is to allow seemingly valued members to sell goods not as described, with illegally altered mileage readings and non-disclosed accident damage then, and then stick up for them without all of the necessary details? As it stands, the mileage alteration could result in a legal case and the undisclosed previous damage, even when asked directly, could result in a civil court case. Consumer Advice words, not mine. I am taking this very seriously, it is not a stunt for a refund, as I was loving the car until the information came to light and even my upmost diligence would not have shown the accident damage as it was covered up previously. I simply want an outcome that we can both be reasonably happy with, which I thought we had came to. The car is not as described, and as such is worth alot less than I was led to believe. And this is mis-representaion. We'll see what happens, I believe Matthew is getting his own advice so just wait and see, if he gets back in touch this time.

Regards,

[siztenboots]

so you do your research *after* you have bought the car point out exactly where in my posting that I suggested that we conceal information as that is the opposite of the truth on here.

[Seb.F]

I think you still miss my point re: caveat emptor though. Whether something has been 'misrepresented' in your eyes more often than not means nothing legally.

[FrankenJim]

Dont Normaly get involed in this kind of thing but here goes: 1) HPI Check i done 2 when buying mine just to be safe. 2) It seems to me you ( The buyer ) Keep going on about Millage clocking? Well can i see the proof? And if it was me i wouldnt be sitting on a forum trying to make a case about it i would be contacting the police or who ever needs to be contacted in this situation. 3) I dont know the seller at all, But seems he has'nt Kept anything from you from what i have read seen. 4) IMHO, I think you brought the car way to fast with out any HPI check or Good Look over and changed your mind. I cant See how the seller got a " Doggy MOT " As there all done on the computer system now? And you havent said thats its driving really bad or the brakes are naff. From what i can tell just seems you changed your mind and looking for a way out. Also IF he is not a dealer then its a private sale, They dont carry warenty. Also this " Misrep " Stuff seems like bull too. Sorry from what i can see this is what i think.

[VXJON]

Suck it up and stop bitching like a little girl You bought a car without any checks and are now whining that the nasty man has taken your money. You knew the car was cat D before handing over the money and according to the seller you also had copies of the damage.

[Freedo]

Ok, here is the story I feel where the problem seems to lie. Daniel bought the car a little too quickly without properly checking over it, looking at the paper work, etc. The speedo unit does indeed only read 45k odd miles but the MOT slip shows the mileage at 717k odd miles. I changed the clocks solely because it wasn't working properly and over reading by over 140mph, hence 717k odd miles before hand. I feel this is Daniel's fault for not either checking the MOT nor asking me. Regarding the bodywork damage, all I said was no body work damage was caused during the accident. Why would there be any before this unless he know about the previous accidents? Doing his research AFTER. I seriously can't believe that because he didn't do his research hand he is trying to get either all his money back, knock £1250 off the price or take me to court. How very kind. I can't talk to my soliciter until tomorrow so I'd like to know where I would stand in court regarding this PRIVATE sale. Where do I stand with this? As I really don't need this atm.

Edited by Freedo, 11 August 2009 - 02:25 PM.

[balbas]

I can't talk to my soliciter until tomorrow so I'd like to know where I would stand in court regarding this PRIVATE sale.

Speak to your solicitor tomorrow. But I shouldn't lose a good night's sleep over it if I was you.

Its all sabre rattling.

[VXTyrant]

The speedo unit does indeed only read 45k odd miles but the MOT slip shows the mileage at 717k odd miles. I changed the clocks solely because it wasn't working properly and over reading by over 140mph, hence 717k odd miles before hand.

Is this figure of 717,000 miles a typo? No VX can surely have done that many miles!?

If so, what is the 'alleged' actual difference in what the milometer reads and the mileage the car has actually covered?

[Freedo]

The speedo unit does indeed only read 45k odd miles but the MOT slip shows the mileage at 717k odd miles. I changed the clocks solely because it wasn't working properly and over reading by over 140mph, hence 717k odd miles before hand.

Is this figure of 717,000 miles a typo? No VX can surely have done that many miles!?

If so, what is the 'alleged' actual difference in what the milometer reads and the mileage the car has actually covered?

No it's not. There was a problem with the speedo unit so read 717k miles. The car dealer who I bought it from said the car had just 71k miles. Perhaps I should have taken the scum back to court also?

[Zoobeef]

The clocks were faulty which is why they read 717000 which is why they were changed

[Zoobeef]

Didn't you find out in the end that it had done alot less miles in reality tho? Edit:than the 71k i mean

Edited by zoobeef, 11 August 2009 - 02:41 PM.

[Muncher]

In a private sale there is no requirement as to fitness for purpose. Proving such a missrepresentation, even if there is one would be extremely difficult, it would need to be clearly evidenced. On the facts given you do not have any case to answer and I would not bother consulting a solicitor.

[VXTyrant]

I think you still miss my point re: caveat emptor though. Whether something has been 'misrepresented' in your eyes more often than not means nothing legally.

Just to throw a spanner in the works If this mileage altering can be proven and the buyer (Robbo) can legitimately argue that he paid the price he did, partly on the basis that the car had only covered 45,000 miles as opposed to the X number of miles it actually has, and the seller (Freedo) was aware of this 'tampering' but failed to disclose it, be it negligently OR fraudulently, then any subsequent case for misrepresentation would likely be a strong one.

After all, a car that has covered 45,000 miles will be worth more than the same car that has covered say 85,000 miles for example. The devil is in the details and ultimately, only the buyer and seller are fully aware of what has happened and they, along with their solicitors, should be able to solve this conflict. Hopefully in an amicable fashion

Lets all have a group hug as tensions are rising. In the spirit of this wonderful forum...

[Muncher]

Possibly, but certainly not worth litigating over, let alone getting solicitors involved.

[Zoobeef]

Looking back at Freedo's previous posts, he found out that the car had only done around 36k which is less than the 45k so if bought in the knowledge its done 45k then you got a bargin

Edited by zoobeef, 11 August 2009 - 03:00 PM.

[VXTyrant]

Possibly, but certainly not worth litigating over, let alone getting solicitors involved.

I agree. This should be agreed privately between the parties without the need for solicitors. That would be an unnecessary expense!

[VXTyrant]

Looking back at Freedo's previous posts, he found out that the car had only done around £36k which is less than the £45k so if bought in the knowledge its done £45k then you got a bargin

Based on this info, should it be true, then Robbo should be slipping Freedo some extra money, or a bottle of scotch at the very least

[Zoobeef]

Link to Freedos first for sale add, nothing hidden there

Link

[rsg]

Looking back at Freedo's previous posts, he found out that the car had only done around £36k which is less than the £45k so if bought in the knowledge its done £45k then you got a bargin

err you may want to read that back and edit it slightly

[Zoobeef]

Haha done it, no idea why the £ signs got put in there