Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
I bought a car in July last year (2008) which now transpires to have been stolen & recovered. The car was purchased from a dealer and the sale was a part-ex on my existing car and the remainder on HP. The status of the vehicle came to light when I registered it and got a letter from the DVLA asking me to confirm the VIN.
I'm at odds as to how the dealer MOT'd it in the first place, but I digress...
The police came to view the car and advised that all that needs to be done to it is restore its origional identity.
Not being happy with the situation I contacted the dealer to request them to take the car back. They declined and advised all they legally need to do is restore the car back to its origional identity.
After many communications between trading standards and the DVLA (the police weren't interested) I have been advised that all the dealer needs to do is as stated above.
I'm still not happy with the situation as I bought the car on the basis of it having 'no history' and now feel very let down and frustrated. The dealer claims they did a HPI check but would this not flag up the fact the car was may be classed as an insurance loss (CAT D or C) and therefore would they not need to declare this (admittidly I have not done my own HPI check yet)?
Its been over a year since the sale and I'm pretty sure I have no way to hand car back an demand a refund but was hoping I could get some more advise from the forum. As a thought, if the car was a CAT C or D, would the dealer not have had to lower the price from its book value - could I at least claim this difference back?
After this length of time you are deemed to have accepted the car. You took the car without any history and will need to show that the situation is to your detriment and that the dealer did in fact know but witheld that information from you.
The dealer can charge whatever he wants and whatever he thinks the maket will pay. Book values are only suggested values and not what can be charged. You were obviously happy with the price you paid or you wouldn't have bought it.
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After this length of time you are deemed to have accepted the car. You took the car without any history and will need to show that the situation is to your detriment and that the dealer did in fact know but witheld that information from you.
The dealer can charge whatever he wants and whatever he thinks the maket will pay. Book values are only suggested values and not what can be charged. You were obviously happy with the price you paid or you wouldn't have bought it.
The problem was only brought to light after 11 months from sale following an anomily with the paper work in that the DVLA queried that I had two different VIN numbers on my doucmentation. I rasied this with the dealer the moment this became clear but they have been dodging the issue ever since...
If a HPI check shows that the vehicle was CAT C or CAT D, should the dealer not have disclosed this? I brought the car on the basis it was not CAT D or CAT C and therefore would not have paid what I beleive to be the market value had I known this.
Car turned out to be stolen & recovered
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Originally Posted by Conniff
