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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47418
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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On line public advertisments

Resolved Question:

on line public advertisments
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified solicitor and it is my pleasure to assist you with your question today.
-Could you explain your situation a little more?
Customer: replied 1 year ago.
hi, i am a sole trader i sell classic cars in low amounts, i was advertised on a classic car website as a trader, but was going to close my business, i then choose to carry on for a while, when placing the adverts you have a drop down box to state weather you are a private or dealer, i have been selecting private without giving it any thought however my adverts have been truthful and i always tell people a buy classics and sell them on when they come to view or call, i provide full invoices and declare my earnings in full to my accountant, i suffer with a mental heath problem and i am concerned that by making my advertiser status and point of listing the cars for sale i have done something wrong and worried these to lead to another problem
Customer: replied 1 year ago.
is anyone there?
Expert:  Ben Jones replied 1 year ago.
Yes I am here, so as I understand it you are worried that you were advertising yourself as a private seller but were instead acting as a business?
Customer: replied 1 year ago.
yes im worry that i was advertising myself as a private seller but i'm acting as a business at point of advertisement, but was always told people i brought and sold if i had any veiwings
Customer: replied 1 year ago.
i never have intend to deceive anyone, i have always been honest so i can sleep at night, its just i have relised what i have done and has become a problem for me today sending myself into a fit of panic, i have tried to place a advert today on the same website but put trade in the drop down box, i think the advert has been disaloud
Expert:  Ben Jones replied 1 year ago.
Posting as a private seller when you are in fact a business is a criminal offence. You would be misleading the buyers into thinking they do not have statutory rights under the Sale of Goods Act which they would get if they had bought from a dealer. For a recent case on what could happen see here: http://garagewire.co.uk/news/car-dealer-posing-as-private-seller-sentenced/ Of course, there could be mitigating factors which could make your actions less serious that these examples. Let’s say you did not intentionally do this with the purpose of defrauding customers, if you told them the truth when you saw them face to face, if you did not refuse their statutory rights if they returned the car to you, the fact your judgment may have been impaired by your mental health and assuming you have changed the advertisements as soon as you noticed. These are all things that will reduce the seriousness of the offence and I do not see that you will be subject to a criminal prosecution, or at least nothing to do with prison – you may still get a fine, but only if prosecuted. So ensure that you change the adverts straight away and do not make the same mistake again. Also if anyone who bought a car from you experiences issues and returns it, deal with it as you would have had you been a business seller. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Customer: replied 1 year ago.
hi my status on ebay is a business seller and list the cars on there at the same time as the other website, i have sold very few cars via the other website and have never had a car returned or a direct complaint, i have never refused to help anyone, if there was likely to be a proscution for what i have done what sort of time span would i expect to wait to find out if this is happing, or in other words when could i relax?
Customer: replied 1 year ago.
when i placed the adverts on the other site as private i never changed them to trade as i never gave it a second thought
Expert:  Ben Jones replied 1 year ago.
Prosecutions could be brought in years after the event, but I would not worry too much in your case. This is really something that would be an issue for someone ho had deliberately been trading in that way and refused to provide customers with issues any resolution they would have had to as a business
Customer: replied 1 year ago.
as far as i know i have never had any complaints certainly not directly, i don't really know why i clicked private when there was no charge for declaring as trade, i just did, i have been totally honest with what i have done, being in the conditon i am i am very worried i'm likely to be prosecuted, i always do my customers and proper invoice and write everything in my ledger for the yearly tax return, on a scale on 1 - 10 how serious is this and on a scale of 1-10 reading what i have put today to you would you worry
Customer: replied 1 year ago.
is there anything that the owner of the website i have used do anything about it apart from dis allow my adverts?
Expert:  Ben Jones replied 1 year ago.
I d not see this leading to a prosecution - it is not serious enough. So it is probably a 3 for seriousness and a 2 for worrying about prosecution. The owner is unlikely to do anything lse apart from remove the adverts and maybe ban you fro future use
Customer: replied 1 year ago.
hi the adverts still showing as live were not deleted i deleted them today after i released i shouldn't have been doing this, it is a laim excuse i know, but i fully do not question i am the sort of person do deceive anyone intentionally, im sorry to repeat myself but suffering from mental heath has taken a big toll on me and has done more so in the last 4 months because of a loss, would you be concerned atall if you were me that your name is ***** ***** desk?
Expert:  Ben Jones replied 1 year ago.
No I would not. Obviously I cannot guarantee that but from what you have said there are plenty of mitigating circumstances and I do not see this being something which would be worth prosecuting.
Expert:  Ben Jones replied 1 year ago.
Can I clarify anything else for you?
Customer: replied 1 year ago.
no thank you ben
Expert:  Ben Jones replied 1 year ago.
You are welcome. If your original question has been answered I would be grateful if you could please quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you
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