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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Hi, Id like some advice please? I bought a car privately

Resolved Question:

Hi, I'd like some advice please?

I bought a car privately some time ago, ran it for about 3 months and then sold it via ebay as my personal circumstances changed.

I sold it to a trader.

I had a phonecall the other day as it looks like the car has been clocked (I was unaware of this) I did a hpi check when I bought it and it all came back clear. It had 10 months mot on it when I bought it, plus various service history and receipts.

It sounds like the trader has sold it on and his buyer has found out it's been clocked.

The trader now wants some money back off me or he's going down the legal route. Can he do this?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.
Alex Watts : How old is the car, how many miles and how much was paid by the dealer please?
Customer: Thanks
Customer: The car was on a 55 plate and he paid me £3175, the car had approx 76500 miles on it
Alex Watts : But you had no idea there was anything untoward?
Customer: No nothing at all, I hpi'd the car when I bought it and it came back clear, plus I had The mot certificate and other bills and service history.
Alex Watts : I would not worry in that case, you do not have to pay anything back.
Alex Watts : the
Alex Watts : The motto when buying private is buyer beware.
Alex Watts : He is a dealer, he could have made proper inspections or enquiries at the time and indeed you would expect that to happen.
Alex Watts : He did not,
Alex Watts : If you did not know about these matters and had no reason to suspect you can not be liable in any way.
Alex Watts : Therefore you can reject the request to refund partially or whole.
Alex Watts : can I clarify anything for you about this today please?
Customer: Thanks Alex, cab said that the SOGA states that 'the vehicle doesn't match the description they gave you, for example, they told you it had only one owner when it had several. The seller will be responsible for giving you a false description, even if they believed it true.
Customer: If you buy a car from a private seller, you won't have the same rights as when you buy from a dealer. You will only be able to take action against the seller if...
Customer: Sorry it keeps entering when I press enter, if you read the the response at 1.56 first, the the 1.55 it will make more sense
Alex Watts : Ok
Alex Watts : Do not worry - this person is a dealer, it is his job to know about cars etc, not yours.
Alex Watts : You had HPI check etc.
Alex Watts : Its really not your fault.
Alex Watts : Does this assist?
Customer: Ok thanks. I will let this run it's course. Yes it does assist. Thank you
Alex Watts : If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’. Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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