[maxim28]

Morning all.

I bought a GT from a trader in July 15 and it was not roadworthy. I rejected it under sale of goods act for a refund within 3 weeks. Trader refused my reasonable terms so I stored the car, SORN, made a claim and got a CCJ for the full value. When the trader didn't pay, I handed over to dcltd and they got a result yesterday.

Now the trader wants the car back which is fine, but I don't want any comebacks.

Just exchange the registered keeper forms? Ask for a receipt?

 

[mirlock]

Give him everything he wants but make sure you type a letter for him to sign and take a friend with you.

Letter having content saying that he is happy with everything and that it ends with his signature.

Dont know if you have the money returned but i would not give anything back until cash changes hands or that the court orders you to return the car.

 

[David C]

As the car is SORN and unroadworthy, I assume the trader is collecting it?

 

[maxim28]

Bailif has the cash. They keep for 2 weeks, that's the rules. Trader wants to pick up by Lorry, seems to be in a hurry. I want to get paperwork correct. Is it a sale. Car has no value beyond economic repair. Should be spares or repair.

 

[David C]

Is it a sale.

At what point does a refund become a sale back to the supplier.
I don't know.
Given your legal proceedings, does it matter.

Maybe call your local citizens advice bureau.
I'm sure they have been through this all before!

 

[maxim28]

Thanks yes that's the question because a sale is a new contract. I'm probably terminating the original contract. CAB can be vague and indirect.

 

[David C]

Thanks yes that's the question because a sale is a new contract. I'm probably terminating the original contract.

Yes, a new sale would imply that the original sale was fine and you just happen to be selling it to the person you purchased it from.

Terminating the original contract and getting a full refund is what is happening.

 

[maxim28]

Right, trader picking up from farm yard storage and keys left with adjacent garage. I wont meet them. I will write contract terminated on the original bill of sale and send a copy with the car plus the v5 filled in as appropriate.

Thanks for all replies.

Now can book the v6 in for cambelt and exhaust and alloys and new front tyres and service and......................

 

[warniegt]

Wouldn't it be nice to **** him around like he has you!?

give him a barn address then clues to follow to another location and so on. A bit like an Alfa hunt for ***** you sell un-roadworthy cars and make you go through the mill just to get your money back, let alone all the inconvenience they have caused by selling dodgy cars.

 

[maxim28]

Nice idea.

I'm settled for the weeds/mould inside and some further rusting of the underbits.

 

[gazza82]

What are the cars details so the rest of us can avoid it when it reappears for sale, which no doubt it will!

 

[maxim28]

Black GT JTS cloth ST05 HSL 61000mls

 

[tony4hop]

I'd defo go down the fekk him about for a bit route. Nobody in when he calls to collect, don't take his calls for a while etc etc. I definitely would not give it back until you had the cash in your hand (even if it is at the bailiffs). You shouldn't be without the car or the cash for 1 minute, never mind 2 weeks.

Trust is a good thing but obviously he's been a bit of an @r$e so tell im to

 

[maxim28]

Following is the text exchange I have had on this past week whilst on holiday in the north east. My replies are in italics I hope. My garage identity has been hidden for this forum. I think they were also on holiday.

MON 23rd 930pm
Hi, I have been instructed to collect an Alfa from you. please call to arrange a suitable time.

Tuesday 24th 817am
Thank you for the message. Car is in storage. I would like written notification of this action from your client to be convenient to me as I am working.

I work for Peter James car sales, and it's my job to transport the car back to our premises. The courts have been paid which the money is on its way to you. The courts have informed you of this action and for you to release the car. I just need to know the location and dates which I can collect it. You can confirm or contact us on this number or 077905015 or 012747105

Can you collect key from the garage if I give location. I'm too busy to arrange to meet.

Weds 25th
Good morning, planning on collecting the car Friday morning. Could you please supply the details. Thanks

(postcode) farm garage in Norwich. key and paperwork will be with the car


Tuesday 31st
We cannot get hold of the garage to get the car. You need get them to call me as we want the car back and plan to come for it tomorrow. Call me or sort the key out as I don't want to go back to the courts

I arranged it for Friday. So you are saying you didn't go and want to make a new (date). The court has nothing to do with it. I will call jim at the garage.


You never confirmed it was good for Friday so we did not go. I want to go tomorrow but need confirmation today by 8pm. Thanks

I get an ansafone. So I can't help. Will try later.

At this moment in time you are withholding handing the car back to us. We have been trying to get the car back since 23rd may. Please arrange confirmation that we can collect the vehicle from a specific destination and time. Please supply options as we are travelling 200 miles.

(later on)
Can you call please or arrange so I can collect this car? The garage does not answer the phone so I can't confirm if they are open. Thanks This car belongs to us, if you do not make contact with us by 12 midday today, we will report this car as stolen, and will inform the police of your contact details.

Please wait. I am in the north east so miles away and I get the same answer on the phone. I have asked someone to visit the garage later today if they can. As far as the police are concerned go ahead. Do it now. Don't wait until 12.


_______________________________________________

Now back in Norwich and awaiting Monday to speak to Jim and make the car available from Tuesday.

 

[tony4hop]

:yes:

Take it the police haven't been yet?

 

[maxim28]

No blue lights yet.

I've texted Dick Head car is ready (Prob not his real name). No reply.

 

[LittleGTV]

No blue lights yet.

I've texted Dick Head car is ready (Prob not his real name). No reply.

I cant imagine the police will do much other than have a stern word with you, and that will only be because they have to be seen to do so. Personally if it was me Id be letting them stew........ or send the police.

 

[maxim28]

It's not a police matter. Nothing has been stolen. No offence committed. They failed to pick up on the Friday a car with no value that I rejected August 2015.

 

[David C]

It's not a police matter. Nothing has been stolen. No offence committed. They failed to pick up on the Friday a car with no value that I rejected August 2015.

Is the delayed collection delaying the money being returned to you?

 

[maxim28]

Is the delayed collection delaying the money being returned to you?

No delay. Cash was paid to the bailiffs 2 weeks ago by the defendant, it should be in my account today (paid by the bailiffs).