I would be loath to leave the car on this crook's premises (I don't want to use the words 'car dealer'), in case it disappears and you never see it or your money again. When buying a car always ask to see all paperwork/history before parting with the money. When I sell a car I always show this info to the customer anyway, as would anyone doing a proper job of selling cars.
I would be prepared for a rough ride with this one as it sounds like they don't really care in the slightest about how they conduct their business.
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If you leave the car there, they will probably deny this and say it must have been stolen and you should claim off your insurance.
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I would get
1. the car inspected by a professional,
2. a quote for the work that needs doing,
3. some valuations as is.
You can sue for the costs of 2. or the decrease in value under 3.
With luck either of these will be less than 5k in which you can use the Small Claims Court.
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Who involved Customs & Excise? What's the status of the business - is it a sole trader or a limited company? I would move quickly with any action - it they are as dodgy as they sound then they'll just wrap the business up (if it doesn't go bust or get wound up by HMRC).
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As HJ says, get advice.
Bear in mind that, if you do get a solicitor involved, the question of whether your claim is dealt with under the Small Claims procedure is somewhat academic, as you'll be paying your solicitor's fees anyway. In fact, it may be better for you if your claim exceeds £8,000, because the Small Claims jurisdiction pretty much excludes costs anyway. The County Court (not Crown Court - that's for criminal matters) is really no place for amateurs, despite those who post on fora like this and boast of how cleverly they ran their case.
I don't suppose you have any insurance to cover you for this sort of problem, eg on your motor insurance, credit card, or the like?
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Did you per chance pay by Credit Card - it will offer you some protection under the CCA. Household insurance may cover you, possibly if you are a member of a motoring organisation...
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"I paid £8000 in cash " so sadly not. Nice idea.
JH
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Can I strongly suggest putting this post on www.5ive-o.com - which is a website dealing in all matters motoring-law related. It's run by (amongst others) serving police officers, magistrates and other legal experts and they will almost certainly offer you some proper advice on what your options are, along with likely outcomes.
With all respect to Honest John, the answer ISN'T simply to employ a solicitor at this stage until you know a bit more about where you stand legally, and what your options are.
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Mmm ... there may be some point in posting on the site whoopwhoop mentions, but bear in mind you're not going to get advice about a civil claim from police officers or magistrates. Not will any solicitor worth his salt advise you on a website like that - there are all sorts of professional problems involved in that.
This is probably stating the obvious, but look around for a local solicitor who offers an initial free interview (if you are involved in a disability group, they might suggest one) and go and get some proper advice!
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"here are all sorts of professional problems involved in that"
hear hear.
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bear in mind you're not going to get advice about a civil claim from police officers or magistrates.
YES you will.... plenty of advice relating to Civil cases on there. Lots and lots in fact.
Not will any solicitor worth his salt advise you on a website like that
Never mentioned solicitors
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"ISN'T simply to employ a solicitor at this stage until you know a bit more about where you stand legally, and what your options are"
Er...that's what people traditionally consult solicitors for. If the OP can blag a free Interview that's the route to go. Difference between taking advice from a Solicitor and a Website is that the "client" has comeback if the Solicitor gets it horribly wrong.
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WOW!
Thank you to everyone who has posted a comment on this.
I have an appointment with my lawyers on Monday..... will let you know what happens from here on in!
Really have had enough of this now, do not know what to do next!
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Er...that's what people traditionally consult solicitors for. If the OP can blag a free Interview that's the route to go. Difference between taking advice from a Solicitor and a Website is that the "client" has comeback if the Solicitor gets it horribly wrong.
It generally helps to know whether you have a cat in hell's chance of winning a case before employing a solicitor and incurring legal fees. Do you not agree?
The website I mentioned will give you an indication.
Once you know whether you have a reasonable case, THAT is the time to employ (and pay) a solicitor. Do you not agree?
Difference between taking advice from a Solicitor and a website is that the website gives free advice after which you can decide whether to spend/waste money on a solicitor.
Only trying to help PugUgly, but I should have known better
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I really, really hope this goes well for you and you get your money back in full and the seller gets what he deserves.
However, for everyone else, there is a lesson here. Seriously, what would posess you to hand over £8000 in cash for a vehicle as complex as a P38 Range Rover V8 without so much as even checking the mileage on the speedo? A quick check on the DVLA website with the registration number would have given you date of registration as well, so thats both the age of the car issue and the excess mileage issue easily avoided. I know this is of little use after the event but I cannot help but feel people buying used cars often don't help themselves, and hope this can be of use to somebody else about to make the same mistake.
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We've all made mistakes though if we'd admit them !
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There is a lesson Michael, and I take your point. But Dan probably expected to be treated in the way he would treat others - honestly. Instead he has been treated disgracefully, and I hope he manages to resolve the matter. One can go through life distrusting everyone and expecting to be "done" and having no faith in people having a conscience. I look back on being "done" a few times (that Austin A40 many years ago, the "tarmaccing" of my front drive when I was broke and that damned tree surgeon only a year ago!) and making several mistakes which have cost me money - but I still prefer to trust most people to be honourable in their dealings.
Good luck to Dan - hope you get it sorted.
--
Phil
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Phil
Thank you very much for your support.
I have indeed been silly, and no doubt a few others will take the time to point this out to me!
You were very correct in your assumtion that I 'expected' to be treated correctly, with respect and decency. Not wishing for, or in need of anyone's sympathy, but having a disability makes life rather hard enough, and you kind of expect to be treated 'properly', and the sales people seemed genuine and plausible. I am no fool generally. I have been unlucky and had my fingers burned...... right upto the elbow!
Sadly most of us will suffer from this at some stage, and those with more experience than me with Motor Cars, may scoff and think I am stupid, but I bet they have been 'done' in some other way!
Thanks also to everyone who has contributed anything meaningful and tried to help.
I will keep you informed, and see what tomorrow brings!
Dan
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Considering you can often get the first hour's advice for free from a solicitor then I'd personally go to a solicitor rather than a website for help. And if I had to pay a few hundred for initial help to figure out what best to do then that too would be what I did when we're talking £8000.
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I have an appointment tomorrow (Monday) with my lawyers. £8k is not a vast amount of money by todays standard, but its my £8k, and I want it back...... so a few hundred more on a Lawyer is definately planned!
I logged on here to see if anyone had had any similar experiences, asking for opinions and maybe some guidance!
Will keep you posted, and hopefully a letter from my lawyers and Tuesdays scheduled visit to the garage with a trading standards official may kick them into line, and hopefully get them to do the right thing!
Dan
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Please do not take this the wrong way (I say this to help and do not know you at all) ....
But if Tuesday's meeting does not go to plan then could you use disability as a way to get press involved? Might focus the minds of those you are meeting with. Likewise if it went to court... Others on here will no doubt now jump on me and my post.
But you've been well and truelly ripped off and they are dishonest. You need to (IMHO) to use everything against them.
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Really hope this works out for you, Dan.
Just a thought- does your car insurance come with legal cover, as they ofen do these days? May be worth a call..
Cheers,
Alex.
--
Dr Alex Mears
Volvo 940S estate 1993
Maxda MX5 1.8iS 1997
Yamaha RD350 YPVS 1992
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Alex, thank you.
I do have legal cover, though I have not got a clue what this is for!
I will definately speak to them.
Dan
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Thank you.
I appreciate your sentiment, and you do have a point.
I was perfectly well able and fit until 12 months ago, I have a rare disease which is causing my spine to fuse and narrow the space for my spinal chord, and hence have pretty much lost use of my legs..... and it will continue to worsen, anyhow.....
If they can do this to someone in my position, what else are they capable of?.....
Not a nice thought. I will use everything I have to try and beat them.
Regards.
Dan
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Best of luck. I am sure you will get a good outcome and the money back.
Rgds
Rob
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But you've been well and truelly ripped off and they are dishonest. You need to (IMHO) to use everything against them.
AGREE. Use every tool in the box. That's what they're for.
MD
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If you don't mind the publicity it's the sort of story your local paper or tv news might be interested in. Just mentioning the press to the vendor may help. Good luck.
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