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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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I paid a deposit on a car and subsequently found it had HPI.

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I paid a deposit on a car and subsequently found it had HPI. So I have refused pay the balance. the seller advert nor did the seller himself declare this prior to the deposit being paid. I asked for my deposit back in light of what I thought was his fraudulent sale.
he the said we could pay the finance company direct. However when we contacted Santander his loan company and they said firstly they did not know about his selling of the car & that he should clear his outstanding loan first. We told the seller this and he suggested that we meet in a car park and simultaneously transfer many to him and then to Santander. This sounded very un satisfactory as should at any time a connection fail we could lose all our money...
I have told the seller that none of this was declared when he advertised the car and as such the contract of sale is void. He is refusing to return our deposit of £2000. what should we do?
Submitted: 6 months ago.
Category: Law
Expert:  Jo C. replied 6 months ago.

Do you have his address?

Don't give them to me but do you have them?

Customer: replied 6 months ago.
Good question. I have his work address and I know where the vehicle is stored. I may be able to get his home address from Companies House on the register. I have his mobile number and email address
Customer: replied 6 months ago.
Hi Did you get me reply?
Expert:  Jo C. replied 6 months ago.

Is he a dealer or a private seller?

Customer: replied 6 months ago.
Private sale. It was only when I asked for his address and some kind of sale agreement that he got quite aggressive & said I did not need it! That is when I did the hPI check - I should have done this before paying the deposit, but he has no permission from Santander to sell the vehicle
Expert:  Jo C. replied 6 months ago.

OK. Well, you can always issue against him at his work address. That is perfectly valid service. It is always better to issue at a home address overall but if he won’t give you his address then work will have to do.

You are right. This is just plain misrepresentation and you are entitled to recover.

However, whatever the law is on the point the fact remains that he is refusing to refund you.

In those circumstances your only option is to sue or to write the money off. Since I imagine the latter option is not attractive you are left with suing at the small claims court.

You can issue here

www.moneyclaim.gov.uk

Although it would be better to send him a letter before action first though.

Can I clarify anything for you?

Jo

Jo C., Barrister
Category: Law
Satisfied Customers: 69520
Experience: Over 5 years in practice
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Customer: replied 6 months ago.
Jo thank you for your advice. This was stupid not to check the HPI first, but he seemed so genuine.... Since telling him that he did not tell us he is now trying to say he did , making up all sorts of stories, Luckily I have a copy of the original advert & it was my wife and myself who met him in this car park

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