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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 4968
Experience:  Solicitor
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I recently bought a car from Porsche (£50k). As part of the

Resolved Question:

I recently bought a car from Porsche (£50k). As part of the purchase I part ex'd my vehicle at the time - a Mercedes A45 which I purchased privately for £32k.
I carried out appropriate HPI checks when I bought the Mercedes and all was reported to be fine. I assume Porsche Guildford did the same due diligence when we did the sale / part ex on the new car.
Subsequently Porsche have called me and stated that the Mercedes was stolen prior to being registered in the U.K. I obviuosly had a log book etc with the car. I changed the registration on the car and received N all appropriate documentation. It's come to light that one digit or number of the chassis is different to that of the log book.
Porsche sent the vehicle (Mercedes) having part - ex'd with myself to a auction. I understand it was sold at auction and the current owner of the vehicle has discovered the issue. I'm LED to believe the auction house is perusing Porsche for some costs or expenses. In turn I recieved a call from Porsche (the dealer principle) informing me they may peruse myself for these costs?
Needless to say, the vehicle was initially purchased and sold without any knowledge of this. I purchased the vehicle from a private seller and not a trader. I think he bought it originally from a trade?
Are Porsche able to make a claim against myself or is there a different burden of responsibility placed on dealers than private sellers. Is I the not their (Porsche) responsibility to carry out their own checks before selling the car on further?
Thank you. Paul
Submitted: 9 months ago.
Category: Law
Expert:  Jo C. replied 9 months ago.

Sorry this isn't my area.

Expert:  Jo C. replied 9 months ago.

Thanks for requesting me but it isn't my area.

I'll opt out for others.

Customer: replied 9 months ago.
Thank you - I'll wait for someone to answer
Customer: replied 9 months ago.
I received the call from Porsche today, the sale / part ex took place around 8 months ago
Expert:  Jamie-Law replied 9 months ago.

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

What is it you want to achieve?

Customer: replied 9 months ago.
Hi Jamie
I would like to know whether or not I'm liable for any costs in this matter? Are Porsche in a position to peruse me for any costs they may have incurred? Or is it a case of Porsche responsibility once the sale was complete.
It accepted between all parties that no criminal offences have been committed and the Police authorities are not involed.
Expert:  Jamie-Law replied 9 months ago.

The answer is no. Under the Consumer Rights Act 2015 the garage has to act with all reasonable skill and care. If they did not then that is not your fault.

In addition they should have carried out any necessary checks to satisfy themselves.

If they did then whoever did the checks is liable. If they did not its their own fault.

Unless you KNEW (and its not suggested you did) and did not tell them, then and only then would you be liable.

Save for that then you are not. They are a business and should carry out checks.

Can I clarify anything for you about this today please?

Customer: replied 9 months ago.
Thank you Jamie.
So if Porsche Guildford write to me regarding this incident (which I'm fully expecting) and make an attempt to claim any costs against myself, I perfectly correct/reasonable to quote the Consumer Rights Act 2015 (acting with due skill and care), explaining that it was their responsibility in order to carry out sufficient checks and therefore my liability is resolved. To clarify - I did not have any knowledge of the car being perviously stolen at this time. In fact, when I purchased the vehicle I carried out online HPI, lost and stolen equities which showed nothing, the car was clean. I know Porsche did the same! According to Porsche, the car was stolen (from a holding compound) before it was originally registered in the UK. Im not entirely sure what happened from there - this is information Porsche have provided me.
Thanks.
Customer: replied 9 months ago.
Jamie - are you able to provide me with the appropriate legislation within the act? For instance, Part 1. (just in case Porsche write to me, I'd like to be able to quote the appropriate reference). Thank you.
Expert:  Jamie-Law replied 9 months ago.

Consumer Rights Act - Chapter 4 Section 49.

Does that clarify?

Customer: replied 9 months ago.
Thanks, I'll have a look a the appropriate section
Expert:  Jamie-Law replied 9 months ago.

All the best. If I could ask you to rate my answer before you go today, by clicking on the 5 stars or happy face, otherwise the site does not pay me for the time spent with you today. Thank you in advance and good luck!

Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 4968
Experience: Solicitor
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