Hi , Can someone help me please!

[bullzeye]

Ok here goes

 

on the 6th of march 2011, i purchased a volkswagen golf 1.6 se off ebay

i traveled 150 miles to collect, all documents of the car said it was a 1.6.

he gave me a written receipt signed saying it was a 1.6, after getting the car home, rather fast for a 1.6

i dident get any old mot's (service history) with the car, so i did a Mot checker online, that gives you the last 5 years of history, i discoverd that 4 years ago, that car had lost 50k miles, which got me very suspicious, especially with the car feeling alot faster than it should be for a 1.6

after further checksit turned out it had a 2.0 litre engine in the car, i tried asking for my money back and he refused, he said "sold as seen" so i had no choice but to ring the police to ask for advice

the police asked for the number of the engine that was in the car, and it turns out the engine was stolen a few years back, the car was seized by police, the police dont seem to want to know about my money i paid for the car, they have told me i should be entitled for a refund but its not down to them to collect it, i need to go to small claims court,

i paid £1,750 ,cash in hand for the car and have a receipt stating this, also marked golf 1.6

now everything i can read online about the sale of goods act, refers to a refund as in the item being returned to seller, but in this case the police have seized the car , so he wont be gettin that back. can anyone give me some advice on gettin my money back?

 

any help would be a appreciated.

regards

dean.

[Durkin]

Start the small claim anyway until someone else more knowledgable gets back to you. A judge should find a way to help you.

[BankFodder]

You are entitled to your money. I wouldn't waste any time. Make a complete note of everything that has happened including the fact that you have contacted the seller and that he refused to return your money.

Use moneyclaim https://www.moneyclaim.gov.uk/web/mcol/welcome and issue the claim online. Don't bother to send letters before action or anything. Just sue. Do it this weekend. In the circumstances, you have done enough to contact him and to get your money. If you want, call him and warn him that you will be claiming. But do it all now

 

In the part where you have to identify the defendant, put his name t/a his ebay identity

This will show the court that he is a trader and so the case will be heard in your local court not his.

 

You only have a limited number of words for Moneyclaim

 

Say, the Claimant bought a VW golf on XXdate from the defendant through an eBay auction for £XXX described as a 1.6 cc car.

 

The true engine size is 2.0. Also the car is made of stolen parts and has been seized by the police. The defendant has refused to return the money.

The defendant has breached the contract in that the car is not as described and also it was not his to sell.

Claimant seeks return of purchase price £XXXX

expense of collecting car etc £XXXX

Interest at 8%

 

the rest of the form should be obvious to you.

 

Your chances of winning the case are better than 95%.

 

Your problem may be enforcing the judgment.

 

Get the claim in now. It will be deemed served by about Wed 22nd. If he doesn't defend you an apply for judgment 2 weeks later.

 

It's all a nuisance but you have to go through it

[rebel11]

Thread moved.

[bullzeye]

Hi and thanks for your help

 

I have allready sent a formal letter to seller regarding my refund, he should recive it today, in the letter, i have give him 7 days to respond, failure to do so , and i will proceed with court proceedings

i have been told this is the easiest way to my money, as the seller may just pay up

 

i just wanted to know , basicly what chance i have of winning the case, and who pays the court costs

also i just want to know what other damages i can claim agsinst him, as i have been out of work due to not having a car

[Conniff]

You are entitled to your money. I wouldn't waste any time. Make a complete note of everything that has happened including the fact that you have contacted the seller and that he refused to return your money.

Use moneyclaim https://www.moneyclaim.gov.uk/web/mcol/welcome and issue the claim online. Don't bother to send letters before action or anything. Just sue. Do it this weekend. In the circumstances, you have done enough to contact him and to get your money. If you want, call him and warn him that you will be claiming. But do it all now

 

In the part where you have to identify the defendant, put his name t/a his ebay identity

This will show the court that he is a trader and so the case will be heard in your local court not his.

 

You only have a limited number of words for Moneyclaim

 

Say, the Claimant bought a VW golf on XXdate from the defendant through an eBay auction for £XXX described as a 1.6 cc car.

 

The true engine size is 2.0. Also the car is made of stolen parts and has been seized by the police. The defendant has refused to return the money.

The defendant has breached the contract in that the car is not as described and also it was not his to sell.

Claimant seeks return of purchase price £XXXX

expense of collecting car etc £XXXX

Interest at 8%

 

the rest of the form should be obvious to you.

 

Your chances of winning the case are better than 95%.

 

Your problem may be enforcing the judgment.

 

Get the claim in now. It will be deemed served by about Wed 22nd. If he doesn't defend you an apply for judgment 2 weeks later.

 

It's all a nuisance but you have to go through it

 

Everything you need to know is here in the quoted post including what you should write in your claim.

 

Get a crime number from the police, this will help you. The fee is £100 for a claim between £1,000 and £5,000 if you do it on line and £120 if you go through the court system.

You will of course get this back from the defendent. Take note also from the quoted post about the travelling expenses and the 8% interest you can claim.

[bullzeye]

Everything you need to know is here in the quoted post including what you should write in your claim.

 

Get a crime number from the police, this will help you. The fee is £100 for a claim between £1,000 and £5,000 if you do it on line and £120 if you go through the court system.

You will of course get this back from the defendent. Take note also from the quoted post about the travelling expenses and the 8% interest you can claim.

 

thanks for your reply, i sent the letter he has recived it,

i have give him 7 days from the 10th march.(hopefully he will contact me quickest, cheapest,easyest way to my money

 

so i try to claim the cash i payed for car, also expenses for traveling there and back,

my girlfriend works from the car as a home carer ( lookin after old people) and due to having no car she has lost alot of hours work( is this something i could claim for? )

[bullzeye]

also if i win the case, will he have to pay me,all in one, or will he get away with paying me £5 a week,as that wont get me anywhere.

and id be really upset if that was to happen

[bullzeye]

hi all, i posted a thread couple of weeks ago, stating i had bought a car that had the wrong engine innit.

someone posted saying take him to small claims court i have a 95% chance of winning.

 

its turns out the whole car was stolen, with wrong registrations plates on the car. the police arnt persuing him for the sale of stolen goods, as they belive he dident know it was stolen or the wrong engine size, but at the end of the day he still sold me stolen goods?

i am now being told that taking him to court wont help and the likelyhood of me winning are slim due to the fact that the police beliove he dident know and the judge wont swap 1 victim to another.

 

so now im £1750 pounds down, and dont wanna payu court fees if im gunna loose anyway

 

what would you do if you was in my shoes? wheres the justice???

i have no car( police have it) and im nearly £2000 down.

Edited April 4, 2011 by bullzeye

[BankFodder]

It doesn't matter whether or not he knew it. The fact is that he was unable to pass good title to you. He breached the contract. He then will have to sue the person who sold it to him.

 

By the way, why are you starting a new thread on this when you have a thread going already. It is very unhelpful to have multiple threads on the same story.

[terriersaregreat]

Did you report this to ebay?

[bullzeye]

It doesn't matter whether or not he knew it. The fact is that he was unable to pass good title to you. He breached the contract. He then will have to sue the person who sold it to him.

 

By the way, why are you starting a new thread on this when you have a thread going already. It is very unhelpful to have multiple threads on the same story.

 

why are people telling me i have no chance in court , the seller is saying he dident know, the police belive him, surely that means he has a case too?

i just want my cash back, its so depressing, if i do decide to take him to court i pay the court charge now, and do i have to pay anything else like a hearing fee ect, few weeks down the line?

[bullzeye]

Did you report this to ebay?

 

unfortunatly i paid cash in hand for the car, so ebay wouldent be able to refund me.,

[terriersaregreat]

Bankfodder is telling you that because the seller didn't own the car he couldn't sell the car to you. Law of Property Act 1925 I think.

 

Unfortunately for some reason my other post didn't appear. i don't think anyone is saying that you have no right to get your money back. The police have no legal qualification and often only want the easy "no paperwork" way out. They do not give legal advice.

 

How far back was the car stolen? I thought it would be like a "roll back situation". Surely selling a stolen car means that the seller was a receiver, innocent or not.

 

I mentioned ebay because you should inform them in case this has happened before, or happens again. The goods would not be as advertised. Try contacting them to see if they can help.

[terriersaregreat]

Just an application fee, no hearing fee. if you are in receipt of working tax credit or benefits no fee. Not sure cost of fee with the small claims court. Have a look on the courts website.

[BankFodder]

The police are only interested in the criminal aspects of the case. They aren't bothered about your money.

 

Start the claim or else just write it off to experience.

[bullzeye]

Bankfodder is telling you that because the seller didn't own the car he couldn't sell the car to you. Law of Property Act 1925 I think.

 

Unfortunately for some reason my other post didn't appear. i don't think anyone is saying that you have no right to get your money back. The police have no legal qualification and often only want the easy "no paperwork" way out. They do not give legal advice.

 

How far back was the car stolen? I thought it would be like a "roll back situation". Surely selling a stolen car means that the seller was a receiver, innocent or not.

 

I mentioned ebay because you should inform them in case this has happened before, or happens again. The goods would not be as advertised. Try contacting them to see if they can help.

the car was stolen in 2007, it has been mot'd and everything since then, with no problems,

[bullzeye]

The police are only interested in the criminal aspects of the case. They aren't bothered about your money.

 

Start the claim or else just write it off to experience.

 

thing is , im asolutly skint, i will be takin out a loan just to start the proceddings off, i just dont want to take a risk if im going to loose anyway,

he's definatly going to deny he knew about it in court, there for he will have a case

the judge might say to him he has to sue whoever he got the car off to get his money back , and so on , but theres still going to be a victim somewhere as the police cant trace who changed the plates

[BankFodder]

It won't much to start the action. Yes, there will be a victim. If you want it to be you then don't bring the action.

[sir_gilmour]

Hi

Welcome to The Consumer Action Group.

 

 

I am just letting you know that as you haven't had any replies to your post yet, it might be better if you post your message again in an appropriate sub-forum. You will get lots of help there.

 

Also take some time to read around the forum and get used to the layout. It is a big forum and takes a lot of getting used to.

 

 

Once you start to find your way, you will soon realise that it is fairly easy to get round and to get the help you need.

 

It can be bit confusing at first.