Any 'Law' Folk On Here?

[AndyKO]

Hi guys,

I'm looking for a bit of help/suggestions on what to do with regard to my E Class purchase.

I've brought a Merc from a so called 'Private Seller' and it's developed gearbox and torque convertor problems on the same day I brought it and only 100 miles after purchase.

It's been taken to an Indie who confirmed the problems.

Now, this guy I brought it from claimed it's his brother's car who has 'gone back to their country'

I contacted the seller the same day and been in contact a few times since outlining these problems and I informed him I wanted to return the car but he informed me that the money has 'been sent back to his country'.

I have been doing a bit of digging round and this guy has sold 6/7 high end cars since December 2016, Mercs, BMW's and Audi's that I could find.

He's clearly buying and selling, when I questioned him about this he claims he is a private seller and unemployed..well for someone who's unemployed he must be doing very well for himself seeing the X5's, Mercs and A6's he's been selling! Is he doing anything wrong masquerading as a 'Private Seller' when he's clearly buying and selling top end cars over and over?

Now he's 'vanished' from posting adverts on facebook this morning when I noticed he's selling yet another Merc and I commented on his post and to my suprise it got a good few 'likes' as I don't want someone else getting 'stung' by this guy.

Has anyone got any opinions? i.e should I proceed with any action (if any can be taken?) or should I put it down to 'buyer beware' and just bite the bullet?

I just feel it's very dishonest in taking peoples cash and then washing your hands when a problem arises.

Any feedback would be most welcomed.

Thanks guys,

Andy

 

[brucemillar]

Trading standards. If he is trading while masquerading as a private seller? That is illegal. I would also call the Police.

, all they do is a big media campaign

 

[AndyKO]

Trading standards. If he is trading while masquerading as a private seller? That is illegal. I would also call the Police.

, all they do is a big media campaign

Thanks for the input buddy.
Excuse my ignorance but does he have to be 'registered' as a trader to be classed as one do you know?
He's obviously a guy making some 'cash in hand' buying and selling and no doubt an 'untaxed' income from these sales.

 

[brucemillar]

You should call Trading Standards first. Dealing is dealing even if it's on the fly. I believe not registering is an offence.

Sent from my iPhone using MBClub UK

 

[219]

Trading standards. If he is trading while masquerading as a private seller? That is illegal. I would also call the Police.

, all they do is a big media campaign

Yes , trading standards will be a good place to start .

There is a certain level of activity : a certain number of cars sold within a certain period of time , beyond which the person is deemed to be a trader - it isn't that high , but TS will advise .

Also , bear in mind - is this 'unemployed' person claiming benefits ( if he is selling cars he will be in trouble with the DSS ) , and does HMRC know about his 'income' , on which he should be paying tax .

These are all avenues to explore and could lead to a number of awkward questions .

Just mentioning the above to him might bring a change of heart .

You could still dob him in after getting a refund

 

[Tiim533]

Sold as seen. And from an Ad on Facebook. I think you'll have to suck it up and learn from it.
Sorry!

 

[AndyKO]

Yes , trading standards will be a good place to start .

There is a certain level of activity : a certain number of cars sold within a certain period of time , beyond which the person is deemed to be a trader - it isn't that high , but TS will advise .

Also , bear in mind - is this 'unemployed' person claiming benefits , and does HMRC know about his 'income' .

These are all avenues to explore and could lead to a number of awkward questions .

Thanks guys.
I'll be on to his local trading standards dept tomorrow which is Cardiff

Your right Derek, there could be a 'few' awkward questions that arise!

I'm also starting to have doubts in my mind about how legit the MOT is he had done! I may take it and have it MOT'd at a local garage to see if there is anything it will fail on, it was MOT'd in Jan 2017 but I have a feeling there may be more to this guy than meets the eye..he hardly speaks a word of English and got his 13 year old daughter to act as interpreter and he also 'tried' to flog me a load of 18ct gold when I went to but buy the car!

 

[gaz_l]

6 or 7 high end cars in a couple of months is not selling privately. The guy is a dealer, end of story. So, the money's been "sent to his country"? Well then, it can be sent back, can't it? That's what Western Union is for..

Bad luck, it seems you've bought a wrong 'un. It happens, unfortunately. The thing to do next is a) to try and recover the situation so you aren't out of pocket and preferably b) make sure that the seller's shut down so that they can't do the same thing to someone else. I'm sure you're not the first.

Bruce is probably right that trading standards is the first port of call. Plod will only be interested if the guy is selling cars that are stolen/ringed/dangerous rebuilt write-offs etc. A busted gearbox doesn't fall into that category and their resources are limited.

The Revenue (may their private parts be infested with the fleas of a thousand camels) will definitely have a view on this though, as any income the guy is making will almost certainly be undeclared. Once they're on your case, they don't let go.

Best of luck whatever you decide to do. You may have to take it on the chin at the end of the day, but if it was was me I'd at least try and stir it up a bit. Bloody scammers boil my p*ss, excuse my French.

Cheers,

Gaz

 

[AndyKO]

6 or 7 high end cars in a couple of months is not selling privately. The guy is a dealer, end of story. So, the money's been "sent to his country"? Well then, it can be sent back, can't it? That's what Western Union is for..

Bad luck, it seems you've bought a wrong 'un. It happens, unfortunately. The thing to do next is a) to try and recover the situation so you aren't out of pocket and preferably b) make sure that the seller's shut down so that they can't do the same thing to someone else. I'm sure you're not the first.

Bruce is probably right that trading standards is the first port of call. Plod will only be interested if the guy is selling cars that are stolen/ringed/dangerous rebuilt write-offs etc. A busted gearbox doesn't fall into that category and their resources are limited.

The Revenue (may their private parts be infested with the fleas of a thousand camels) will definitely have a view on this though, as any income the guy is making will almost certainly be undeclared. Once they're on your case, they don't let go.

Best of luck whatever you decide to do. You may have to take it on the chin at the end of the day, but if it was was me I'd at least try and stir it up a bit. Bloody scammers boil my p*ss, excuse my French.

Cheers,

Gaz

Hi Gaz,

Thanks for taking the time to answer my post buddy, LOVE the part about the revenue! ....anyhow, I will probably end up forking out for any work myself but I'll stir up a bit of grief for him in the meantime!

 

[Deleted member 37751]

Putting to one side that this seller is obviously a trader in disguise, what's the year/mileage of the car? And how was it priced against similar models?

 

[219]

Thanks guys.
I'll be on to his local trading standards dept tomorrow which is Cardiff

Your right Derek, there could be a 'few' awkward questions that arise!

I'm also starting to have doubts in my mind about how legit the MOT is he had done! I may take it and have it MOT'd at a local garage to see if there is anything it will fail on, it was MOT'd in Jan 2017 but I have a feeling there may be more to this guy than meets the eye..he hardly speaks a word of English and got his 13 year old daughter to act as interpreter and he also 'tried' to flog me a load of 18ct gold when I went to but buy the car!

Re the MOT , get onto DVSA pronto . While there is a limit to what can be done beyond the test date , certain things can be actioned some time afterwards - regardless , they will take serious interest in any test centre suspected of doing
'Dodgy MOT's' .

 

[AndyKO]

Putting to one side that this seller is obviously a trader in disguise, what's the year/mileage of the car? And how was it priced against similar models?

It's an early '03 E270 CDI - 152,000 on the clock....came with a shed load of Merc Service history, over £8500 worth and has full service history. I knocked him down to £1800, so wasn't a lot of money at all but it's the principal, if he's a trader in disguise, maybe he know's buyers have rights if he's a trader, therefore disguising himself as a private seller and he described the car as 'absoultley fine with no problems at all..etc etc in the advert'...

I've been looking at the logbook and the car only came into ownership a couple of weeks before I brought it off him..

I noticed the car had a 'blue badge' on the dash in his name but when I came to TAX it the car wasn't in the diasbled TAX band??

 

[AndyKO]

Re the MOT , get onto DVSA pronto . While there is a limit to what can be done beyond the test date , certain things can be actioned some time afterwards - regardless , they will take serious interest in any test centre suspected of doing
'Dodgy MOT's' .

Thanks Derek, I'll look into this, maybe it's fine and I'm getting paranoid????

I don't like people taking the p*ss out of people who work hard for their money and knowingly rip people off..

 

[Deleted member 37751]

It's an early '03 E270 CDI - 152,000 on the clock....came with a shed load of Merc Service history, over £8500 worth and has full service history. I knocked him down to £1800

I'll be honest, at that age, at that mileage and at that price I think you're going to struggle to get any joy and it's highly likely you'll expend a lot of energy with very little to show.

 

[AndyKO]

I'll be honest, at that age, at that mileage and at that price I think you're going to struggle to get any joy and it's highly likely you'll expend a lot of energy with very little to show.

Could be right mate but I guess there's no harm in letting him know he can't go round taking folks money, no matter how much or how little.

I'll still report him to Trading Standards none the less if it's the least I can do, we can't let unhonest folk walk all over us without taking actions one way or another

 

[219]

It's an early '03 E270 CDI - 152,000 on the clock....came with a shed load of Merc Service history, over £8500 worth and has full service history. I knocked him down to £1800, so wasn't a lot of money at all but it's the principal, if he's a trader in disguise, maybe he know's buyers have rights if he's a trader, therefore disguising himself as a private seller and he described the car as 'absoultley fine with no problems at all..etc etc in the advert'...

I've been looking at the logbook and the car only came into ownership a couple of weeks before I brought it off him..

I noticed the car had a 'blue badge' on the dash in his name but when I came to TAX it the car wasn't in the diasbled TAX band??

Ah , OK - given the age , mileage and price - the legal view is that you shouldn't expect a new car : these factors are taken into account and it comes down to what a reasonable person should expect .

The flip side is - if he is turning over so many cars , it isn't so much that he can't come up with a refund for you .

I'd ask nicely to start with , then suggest various agencies you might mention him to ...

 

[AndyKO]

Ah , OK - given the age , mileage and price - the legal view is that you shouldn't expect a new car : these factors are taken into account and it comes down to what a reasonable person should expect .

The flip side is - if he is turning over so many cars , it isn't so much that he can't come up with a refund for you .

I'd ask nicely to start with , then suggest various agencies you might mention him to ...

Thanks Derek, I know it's not a great deal of cash but I'll still pursue him

 

[bolide]

Was the car in his name or "in trade"? There is, AFAIK no way to "register" as a trader. But if you buy & sell cars for a profit then you are a trader. If the cars are not in your name but are in trade then there is no doubt in my mind you are a trader

Maybe you should explain that your brother works for trading standards and your uncle is a magistrate

 

[AndyKO]

Was the car in his name or "in trade"? There is, AFAIK no way to "register" as a trader. But if you buy & sell cars for a profit then you are a trader. If the cars are not in your name but are in trade then there is no doubt in my mind you are a trader Maybe you should explain that your brother works for trading standards and your uncle is a magistrate

Hi buddy, it was registered in his name a week or so before u brought it according to the logbook.

Great suggestion regarding the above!
Ideally I'd love him to cough up for the repairs as it's going to cost more than I paid for it!