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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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hi I bought a car in 2010 and done a hpi check on it before

Resolved Question:

hi I bought a car in 2010 and done a hpi check on it before I bought it. it came back that all was clear, after a month I sold the car. with in that month it had been reported that the car was stolen, the buyer is now isueing small claims court action against me, he didn't check hpi before he hadn't over his money, where I did, when I bought it I thought I had good tile to it now I am being told that I didn't and that the sale off goods act 1979 is applicable/ I am a private seller and not a dealer. can you give me any advise.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Do you still have the details of the person that sold it to you please?

Customer:

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.

Alex Watts :

How long was between when the buyer purchased it and when he found about that it was stolen please?

Customer:

i think it was about two weeks after he bought it of me.

Alex Watts :

Ok - I assume you are a private individual?

Customer:

yes,

Alex Watts :

Ok - the good news is the motto for second hand goods from private users is buyers beware

Alex Watts :

Therefore that gives you an edge

Alex Watts :

Further with the fact that you did a HIP check when your buyer did not

Alex Watts :

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

Alex Watts :

Really you could do with counter suing the English firm that was the dealer.

Alex Watts :

That way a Judge is likely to order that they pay the costs

Customer:

does the sale of goods act apply to me

Alex Watts :

Yes it does but in a very limited way

Alex Watts :

The buyer should have taken reasonable steps in order to protect his investment

Alex Watts :

He did not - he did it on the cheap and you have a HPI document to show that you undertook due dilligence

Alex Watts :

Ideally you need to counter sue your seller

Customer:

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.

Alex Watts :

Was it a Limited Company?

Customer:

not that i am aware off.

Customer:

i have a hpi sheet to say that when i bought car that it was clear of all things.

Alex Watts :

OK - that helps you

Alex Watts :

But ideally you may need to get a process server or investigator to find where this person has moved to

Alex Watts :

You may need to issue proceedings against them as well

Customer:

2 to 3 weeks after buying from me he bought on 3rd august and was lifted on 20th august.

Customer:

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.

Alex Watts :

6 years.

Alex Watts :

Sadly

Alex Watts :

But clearly given he has waited this long certainly does not help this case

Customer:

ok.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

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,

Alex Watts :

Not necessarily.

Alex Watts :

You can show you took a HPI check etc

Alex Watts :

He buyer did not

Alex Watts :

He wont get £800 interest.

Customer:

what if i go to court will he win for the full amount.

Alex Watts :

He would get 2% maximum

Alex Watts :

Not necessarily

Alex Watts :

If you come across well and convince the Judge then no

Customer:

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.

Alex Watts :

You need to pay within 1 month and then it comes off

Alex Watts :

Does that help?

Customer:

will there be any record of this being on my record.

Alex Watts :

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

Customer:

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.

Alex Watts :

No not at all - that helps you

Customer:

that's good about the ccj if i pay within a month.

Alex Watts :

Yes indeed.

Customer:

how does it help me.

Alex Watts :

Can I clarify anything else for you?

Alex Watts :

Because it shows that you made enquiries and that you showed the buyer

Customer:

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.

Alex Watts :

Its a matter for you. With one Judge you will win, with another you may lose. Litigation is never certain

Customer:

yeah but it the interest he is looking although this is set by the court .

Alex Watts :

Well no - the Courts have discretion and given the low rate, he wont get that

Customer:

so how much does the sale of goods act come into my case,

Alex Watts :

Its limited, because there were goods purchased, but we come back to the point I made at the beginning, the motto of buyer beware

Customer:

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.

Alex Watts :

Yes it does count in law.

Alex Watts :

Second hand users have very limited rights.

Alex Watts :

Private trades have limited rights

Alex Watts :

So those two combined means the buyer has extremely limited rights

Customer:

so can a judge give him less than he paid me, or will it be what he paid me.

Alex Watts :

The Judge can dismiss the claim, award partial amount, award all

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

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.

Alex Watts :

Yes. Does this answer the question for you today?

Customer:

2r 3 weeks. after getting it of me.

Alex Watts :

?

Customer:

that's all i think for now thanks for the help.

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