Hello my name is ***** ***** I will help you with this.
Do you still have the details of the person that sold it to you please?
i did have but he is not at the address i bought it from and i don't know where he has went to. it was a car dealer and he is not listed anylonger. i have tried phoning the police about it as the car was bought in England 2010 but they don't seem to want to know as i am not having any satisfaction.
How long was between when the buyer purchased it and when he found about that it was stolen please?
i think it was about two weeks after he bought it of me.
Ok - I assume you are a private individual?
Ok - the good news is the motto for second hand goods from private users is buyers beware
Therefore that gives you an edge
Further with the fact that you did a HIP check when your buyer did not
In reality if it was stolen you did not have title to sell. You need title to sell in order to dispose of an item
Really you could do with counter suing the English firm that was the dealer.
That way a Judge is likely to order that they pay the costs
does the sale of goods act apply to me
Yes it does but in a very limited way
The buyer should have taken reasonable steps in order to protect his investment
He did not - he did it on the cheap and you have a HPI document to show that you undertook due dilligence
Ideally you need to counter sue your seller
the only thing i am trying to get the details of the guy i bought it from but i cant get him at present. he has closed and moved on.
Was it a Limited Company?
not that i am aware off.
i have a hpi sheet to say that when i bought car that it was clear of all things.
OK - that helps you
But ideally you may need to get a process server or investigator to find where this person has moved to
You may need to issue proceedings against them as well
2 to 3 weeks after buying from me he bought on 3rd august and was lifted on 20th august.
how long does he have to claim of me as this was back in 2010. its now 2014 the last i heard from him was april 2011. he is looking full payment back.
But clearly given he has waited this long certainly does not help this case
Can I clarify anything for you about this today please?
he has issued small claims court action against me, for the £ 2480 price he paid me plus 800 interest at court rate , plus*****cost, if i cant get the guy in England then i fall foul for the whole loss,
You can show you took a HPI check etc
He buyer did not
He wont get £800 interest.
what if i go to court will he win for the full amount.
He would get 2% maximum
If you come across well and convince the Judge then no
if i go to court i will get a ccj against my name and i have a clean record, do you have a time to pay so that it dosnt go on the register.
You need to pay within 1 month and then it comes off
Does that help?
will there be any record of this being on my record.
Record of what being on your record - CCJ? Not if there is no judgment against you or if there is you pay within 1 month
i showed the buyer a copy of my clear hpi report to him , it has my name and all on it. does this hurt me as he could say he went on my hpi.
No not at all - that helps you
that's good about the ccj if i pay within a month.
how does it help me.
Can I clarify anything else for you?
Because it shows that you made enquiries and that you showed the buyer
i don't know if i should go to court or if i should try to settle before going. but i look at it that i am not guilty if i try to settle before hand it looks to him that i am. so i don't really know what to do.
Its a matter for you. With one Judge you will win, with another you may lose. Litigation is never certain
yeah but it the interest he is looking although this is set by the court .
Well no - the Courts have discretion and given the low rate, he wont get that
so how much does the sale of goods act come into my case,
Its limited, because there were goods purchased, but we come back to the point I made at the beginning, the motto of buyer beware
but is buyer beware count in a court of law. cause i have been told that under sale of goods act he is guaranteed to get a full money back.
Yes it does count in law.
Second hand users have very limited rights.
Private trades have limited rights
So those two combined means the buyer has extremely limited rights
so can a judge give him less than he paid me, or will it be what he paid me.
The Judge can dismiss the claim, award partial amount, award all
i hope i get a good judge on the day and finds it in my favour, although i don't like the guy that bought of me falling for it all either. although he has never any pity for me he has always wanted full money.
Yes. Does this answer the question for you today?
2r 3 weeks. after getting it of me.
that's all i think for now thanks for the help.