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Who is the correct defendant?


A motor vehicle was purchased privately a few days ago, the car was advertised as being "mechanically sound" with no issues.


Fast forward 24 hours, the car fails to start as the starter motor makes a grinding sound, car is rocked in gear and it starts with no issue.


The car was advertised on half somebody who didn't speak English very well, the person advertising it said on several occasions the car ran absolutely fine with no issues (copy of the advert has been kept, as has a copy of the messages exchanged).


Is a claim issued against the person who received the bank transfer, or against the person who advertised the vehicle and exchanged messages?


Many thanks.

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Private sale = you bought it, you own it.


There have been cases where the small claims court has found against a private seller, but, largely, its buyer beware.


Are you SURE it's a private sale and not a kerbside dealer? Try googling the phone number, see if any other cars for sale.


Also, how old is the car, what car is it, how many miles has it done and how much was it?

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try ringing the number and saying you are phoning about the car they are adverising and is it still for sale. Obviously dont use the same phone you have used already. If thye4 say which car or yes then you know they are a dodgy dealer. Being asked to transfer monies into a third party bank account should have rung alarm bells, Your problem is burden of proof. Dodgy bloke will always say he was selling for a friend whose english is worse than his etc

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Before you go down this road, you need to understand whether if you won, you could enforce the judgement.


Do you know that either of these possible defendants have the means to pay a judgement or if they have assets which you could enforce against?


What is the likely value of the claim?


These are basic questions which need to be answered

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