↓ Advertise on Defender2 ↓

Home > Off Topic > Where do I stand?
Post Reply  Down to end
Page 1 of 3 123>
Print this entire topic · 
mymini007



Member Since: 10 Nov 2011
Location: Chippenham
Posts: 273

1986 Defender 90 200 Tdi HT Java Black
Where do I stand?
Sorry this will ramble on a bit. I have tried to cut it short!

I bought my Saab aero from a place in Poole that specializes in ex-police cars.

This bloke http://www.ebay.co.uk/itm/2007-57-Ford- ... 594wt_1270

He delivered the car to my house, when he dropped it off, he "forgot" the relevant paperwork and spare key,
he promised that he would post it buy return of post thet week.
I have let this ride for a couple of weeks as people are busy.

I have now had the car over a month and still no key.

I had a problem (still have) with the car and tried to contact him through messages/e-mails. He did not respond so I have had the car in and out of the garage. for 6 weeks now.

I sent him a text saying

"Simon, still no sign of the key for the saab, have you posted it yet, if so can I have the tracking number."

i sent this twice in a week.

I received the following text back.

"If you keep spamming me you you wont get it, I am in a funeral now stop pestering me"

I received a voice-mail message,

To a similar vain but with a bit more abusive language.

I replied to this with a long message outlining the fact i have not had the the key or the log book, on his deal The car has had problems, ya ya ya!

To which I got back,
Swear filter will block it

"F*** off you C**t"

Reply from me - people like you give car dealers a bad name

Reply form him - "You give the general public a bad name, followed by" - "You text me 6 times while at a funeral, there fore you are a sick individual. kindly decease from any further communications or we will have to take further action"

I have told him i will be seeking advice from a solicitor or the police on this matter.

I have spoken to CAB but they were not a lot of help really.

So where do i stand?
Post #127119 27th Feb 2012 3:29pm
View user's profile Send private message View poster's gallery Reply with quote
Laurie



Member Since: 22 Feb 2008
Location: Sussex, England
Posts: 2897

England 2005 Defender 90 Td5 XS CSW Bonatti Grey
The listing's been removed. 
Post #127120 27th Feb 2012 3:32pm
View user's profile Send private message View poster's gallery Send e-mail Reply with quote
mymini007



Member Since: 10 Nov 2011
Location: Chippenham
Posts: 273

1986 Defender 90 200 Tdi HT Java Black
Laurie wrote:
The listing's been removed.


It was just a link to his site on ebay

http://www.ebay.co.uk/sch/police_vehicle_s...4340.l2562
Post #127122 27th Feb 2012 3:34pm
View user's profile Send private message View poster's gallery Reply with quote
MartinK



Member Since: 02 Mar 2011
Location: Silverdale (Lancashire/Cumbria Border)
Posts: 2665

United Kingdom 2011 Defender 110 Puma 2.4 USW Orkney Grey
First: Contact EBAY customer support and ask them to act as an intermediary...I assume you bought via EBAY?

Second: A solicitor's letter

Third (Optional): Go with a big mate to his place of sale, and see him face-to-face (with the car if you can). Don't be abusive, just take someone with you to make sure you are not intimidated, and you have a witness. Don't do anything traceable which would put you on the wrong side of the law. Defender "Puma" 2.4 110 County Utility (possibly the last of the 2.4's)


Last edited by MartinK on 27th Feb 2012 3:49pm. Edited 1 time in total
Post #127125 27th Feb 2012 3:45pm
View user's profile Send private message View poster's gallery Reply with quote
Paul_1978



Member Since: 08 Nov 2009
Location: South Yorkshire
Posts: 384

England 2004 Defender 90 Td5 CSW Zermatt Silver
Write him a letter, recorded delivery, keep a copy for your records.
If no reply, send a letter saying if no action you will follow up with court action / small claims under the sales of goods act.

Look on the consumer direct website or give them a ring, they wont take any action but will give advice on what to do.

I took a dealer to small claims after the car was found to be defective and he would not fix it, the small print he writes on recipts means nothing, sales of good act applies.

One bit of advice I would give, keep away from the phone/text and get loads of evidence.
From my experience, judges rarely find in the defendents favour.

You get your costs back too for the court, cost me about £130.
Post #127126 27th Feb 2012 3:47pm
View user's profile Send private message View poster's gallery Reply with quote
BigMike



Member Since: 13 Jul 2010
Location: Lancashire
Posts: 2253

United Kingdom 
Normall I'd be the first to suggest recorded delivery letters, court etc.

But..you aren't going to get the key because he just doesn't have it, probably the log book either.

i would ring DVLA and ask them about the vehicle and tell them the problem. See if you can shed light that way. They may allow you to register it and get a new log book, it can take upto 21 days.

If there is something fishy then go to the police, but I would just write off the key because I just don't think it's worth the hassle and expense.

All the above subject to the car being ok. If it isn't, then the dealer still has to comply with the law and you are within your rights to reject it if he hasn't honoured his (obligated) warranty.
Post #127128 27th Feb 2012 3:57pm
View user's profile Send private message View poster's gallery Reply with quote
mymini007



Member Since: 10 Nov 2011
Location: Chippenham
Posts: 273

1986 Defender 90 200 Tdi HT Java Black
BigMike wrote:
Normall I'd be the first to suggest recorded delivery letters, court etc.

But..you aren't going to get the key because he just doesn't have it, probably the log book either.

i would ring DVLA and ask them about the vehicle and tell them the problem. See if you can shed light that way. They may allow you to register it and get a new log book, it can take upto 21 days.

If there is something fishy then go to the police, but I would just write off the key because I just don't think it's worth the hassle and expense.

All the above subject to the car being ok. If it isn't, then the dealer still has to comply with the law and you are within your rights to reject it if he hasn't honoured his (obligated) warranty.


He has the key unless he has binned it, It was with the car on the test drive. I can register it through the dvla, and it will cost me £25.

This is a copy of the letter i have draughted - opinions please.



RE: Saab (9-5 Areo ) 2/27/2012

Dear Sir

It has now been 7 weeks since the purchase of the Saab 9-5 Registration number .

I have a few issues I would like to address.
• During the initial conversation we had on the delivery of the car you said, you would post me the spare key once you had returned to Poole after completing other business in London. - I have still not received the key. Seven weeks after
• During the purchase, you said to me that the log book would be forwarded to me as soon as you had received it, - This too has not arrived.
• 26th Jan I sent you a message informing you that the car had a problem, you refused to acknowledge this message. I have had to get the car repaired. It turns out that the issue seems to be a recurring problem, and had had to be re-diagnosed on several occasions now at cost to me.
• The car has now developed more faults that I have had to have repaired at my own cost, the original fault still remains

I have made attempts to contact you; I in return have received a barrage of abusive text messages, and rude voicemails.

I would like to draw this issue to a close, so if you could please send me the outstanding documentation and the spare key via recorded delivery to the above address I would be most grateful. If the key is no longer available I will expect a replacement at your cost as the key was present at the time of sale.

I wish to resolve this matter amicably, so if you could send the relevant items by the xx/03/12 I will not need to take the matter up with my solicitor.

Yours Faithfully
Post #127134 27th Feb 2012 4:06pm
View user's profile Send private message View poster's gallery Reply with quote
BigMike



Member Since: 13 Jul 2010
Location: Lancashire
Posts: 2253

United Kingdom 
ok, put the cost of the repairs in and copies of the invoices. I guess from the letter you're not asking him for that money back?

I would make the end stronger and say unless he forwards the key and log book within 7 days you will start a court action to recover the money spent on repairs, also that you will contact trading standards about the vehicle with a view to rejecting it and the police regarding the threat he made in his message to you.
Post #127135 27th Feb 2012 4:12pm
View user's profile Send private message View poster's gallery Reply with quote
mymini007



Member Since: 10 Nov 2011
Location: Chippenham
Posts: 273

1986 Defender 90 200 Tdi HT Java Black
BigMike wrote:
ok, put the cost of the repairs in and copies of the invoices. I guess from the letter you're not asking him for that money back?

I would make the end stronger and say unless he forwards the key and log book within 7 days you will start a court action to recover the money spent on repairs, also that you will contact trading standards about the vehicle with a view to rejecting it and the police regarding the threat he made in his message to you.


To be fair, the first repair only cost me £40 as my mate is a mechanic, so each diagnostic thereafter has not cost anything. (not that he knows that)

Not sure he has made a threat though! Confused just abusive.

But yes that sounds good, I will add that in. I have just been told by my boss that i can start a small claim against him rather than going through a solicitor. For free!
Post #127137 27th Feb 2012 4:26pm
View user's profile Send private message View poster's gallery Reply with quote
BigMike



Member Since: 13 Jul 2010
Location: Lancashire
Posts: 2253

United Kingdom 
Reply form him - "You give the general public a bad name, followed by" - "You text me 6 times while at a funeral, there fore you are a sick individual. kindly decease from any further communications or we will have to take further action"

That is a clear threat.
Post #127140 27th Feb 2012 4:31pm
View user's profile Send private message View poster's gallery Reply with quote
RFT



Member Since: 13 Nov 2010
Location: Cheshire
Posts: 683

United Kingdom 2010 Defender 130 Puma 2.4 HCPU Zermatt Silver
If he is a trader and failed to process the paperwork properly and give you your portion he is committing an offence. Report him to DVLA and police.
If he isn't a legit trader then by his tone he is a thug so keep well away, use the courts, solicitor etc don't make direct contact even if you have some very big mates.
You may have a stolen or written off vehicle, or possibly it is still under a HP agreement, if so you will not be insured.
EBay must act assuming you completed the trade via EBay, they are his agents and take responsibility for acting for what seems to be dishonest business men.
Just keep your actions legal and above the Law
Do all communication by recorded letter, don't use text, email or telephone. 130 Puma HCPU with an Artica 240LR Demountable Camper
Post #127146 27th Feb 2012 4:45pm
View user's profile Send private message View poster's gallery Reply with quote
mymini007



Member Since: 10 Nov 2011
Location: Chippenham
Posts: 273

1986 Defender 90 200 Tdi HT Java Black
BigMike wrote:
Reply form him - "You give the general public a bad name, followed by" - "You text me 6 times while at a funeral, there fore you are a sick individual. kindly decease from any further communications or we will have to take further action"

That is a clear threat.


OK, I see what you mean. I had not taken that as a threat.

Update - I have just spoken to a solicitor and he has recommended I write a polite letter myself, if nothing happens in 7 days, start the ball rolling on a small claim through county court, he would not take the case as it would be uneconomic for me to hire him. even I win. his words not mine.
Post #127147 27th Feb 2012 4:51pm
View user's profile Send private message View poster's gallery Reply with quote
mymini007



Member Since: 10 Nov 2011
Location: Chippenham
Posts: 273

1986 Defender 90 200 Tdi HT Java Black
RFT wrote:
If he is a trader and failed to process the paperwork properly and give you your portion he is committing an offence. Report him to DVLA and police.
If he isn't a legit trader then by his tone he is a thug so keep well away, use the courts, solicitor etc don't make direct contact even if you have some very big mates.
You may have a stolen or written off vehicle, or possibly it is still under a HP agreement, if so you will not be insured.
EBay must act assuming you completed the trade via EBay, they are his agents and take responsibility for acting for what seems to be dishonest business men.
Just keep your actions legal and above the Law
Do all communication by recorded letter, don't use text, email or telephone.


Thank you,

I do have some VERY big friends, but i dont want to play that game as he knows where i live too. Laughing

The purchase was from a classified ad on ebay so not through the auction process, I will contact dvla ASAP, and report to the police. (not sure what to report it under)

The car was an ex-police car so no finance I have the history with it. so i know its legit in that sense.
Post #127149 27th Feb 2012 4:58pm
View user's profile Send private message View poster's gallery Reply with quote
pom



Member Since: 01 Jun 2010
Location: Worcester
Posts: 1343

Your mistake was accepting the car in the first place with missing bits/paperwork. Don't go wasting money on solicitors either no need at all.

Now stop all that texting and either go visit the chap in person or better send him a letter in which you detail what you want remedying (be reasonable), specify a time limit for him to respond say 14 days. No need to mention court action. just give him time to respond.

On day 15 start a small claims action to recover the costs you spelled out in the letter to him, you do it all online and there is absolutely no need for a solicitor.

https://www.moneyclaim.gov.uk/web/mcol/welcome.

Make sure what you are asking for is reasonable and you can argue its reasonable when you go see see the recorder. don't ask for the moon. He will get served by the court automatically and get a period of time to respond to you. You will get a date to goto the court (its not actually court it will be in the recorders office so don't be intimidated).

9 times out of 10 they don't turn up in which case you win by default, if he then doesn't pay you get to send in the baliffs.

Let us know how you get on.

Pom
Post #127161 27th Feb 2012 5:48pm
View user's profile Send private message View poster's gallery Reply with quote
CR



Member Since: 28 Jan 2010
Location: Ireland
Posts: 947

Ireland 2011 Defender 110 Puma 2.4 CSW Santorini Black
have him shot
Post #127182 27th Feb 2012 6:23pm
View user's profile Send private message View poster's gallery Reply with quote
Post Reply  Back to top
Page 1 of 3 123>
All times are GMT

Jump to  
Previous Topic | Next Topic >
Posting Rules
You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot vote in polls in this forum



Site Copyright © 2006-2025 Futuranet Ltd & Martin Lewis
DEFENDER2.NET RSS Feed - All Forums