Cyclone Posted November 22, 2013 Share Posted November 22, 2013 He would be selling his right to use the car. You dont know what the seller said because you dont have those details. The case is relevant becayse it says silence does not amount to a representation. You are making assumptions based on details you do not have. He could be, but the person buying the car, clearly described "buying the car" and not "buying the right to use the car". So given that the car was advertised as for sale, it seems pretty obvious that you're grasping at a pretty narrow straw. Link to comment Share on other sites More sharing options...
999tigger Posted November 22, 2013 Share Posted November 22, 2013 He could be, but the person buying the car, clearly described "buying the car" and not "buying the right to use the car". So given that the car was advertised as for sale, it seems pretty obvious that you're grasping at a pretty narrow straw. Go and read the Misrepresentation Act. Learn what a representation is and the different types. If it was fraudulent then it is criminal if it was negligent or innocent then it is civil. Nobody knows what was said at the time because the op doesnt say. I asked several times whether he checked it was free from encumberances and he didnt answer. I am talking about DJ karaoke. Who are you talking about amd quoting? Link to comment Share on other sites More sharing options...
Cyclone Posted November 22, 2013 Share Posted November 22, 2013 What I've suggested is that it was fraudulent, the clue was in the use of the word fraud when I described what the seller had done. (Applying for a replacement V50 for example) and selling something which they had no right to sell. It's not complicated, they literally didn't own the vehicle they sold! There is no scope for that not being fraud. Caveat emptor doesn't require that the buyer first qualify, "do you actually own this thing you are selling me". Nor would it require the question "are you selling it as you advertised, or merely selling the right to use it", the advert of the item being for sale answers that question. And even if they were selling "the right to use it", they have then failed to provide what they sold by failing to make payments and having the vehicle repossessed (which to be fair would now be a civil matter). Fraudulently selling a vehicle which you don't own due to it having been handed over to a loan company is well, criminal. There are no caveats on the buyer to qualify it, it's simply fraud. Link to comment Share on other sites More sharing options...
alchresearch Posted November 22, 2013 Share Posted November 22, 2013 Totally agree with Cyclone. The excuses you're posting tigger are the kinds of crap you'd hear from a lawyer - "I put it to you that my client didn't stab you, merely you repeatedly ran into his knife" Link to comment Share on other sites More sharing options...
Total Chaos Posted November 22, 2013 Share Posted November 22, 2013 Hi Im trying to get any info for my neice. Whilst she is away on holiday, bailiffs have been and removed her husbands car saying that there is an unpaid LOGBOOK LOAN on it. The car was only bought a few months ago, they have a receipt from the seller with proof of date and price of purchace. Does anyone know where she stands, and how to get the car back? Did they have/show a warrant? Link to comment Share on other sites More sharing options...
Cyclone Posted November 22, 2013 Share Posted November 22, 2013 Did they have/show a warrant? They don't need one. They should however have a bill of sale that gives them the title to the vehicle. Link to comment Share on other sites More sharing options...
J&JkaraokeDJ Posted November 25, 2013 Share Posted November 25, 2013 https://www.youtube.com/watch?v=5eOslgzn33I Link to comment Share on other sites More sharing options...
only_me Posted November 25, 2013 Share Posted November 25, 2013 https://www.youtube.com/watch?v=5eOslgzn33I Thats an amazing link! An ex Bay City Roller complete with itchy wig Link to comment Share on other sites More sharing options...
J&JkaraokeDJ Posted November 30, 2013 Share Posted November 30, 2013 I have the full address of the car sale scammer she has got another car that not got log book loan on it unlike the one she sold me . well swapped really from this site here is her facebook site link <REMOVED> ---------- Post added 30-11-2013 at 15:39 ---------- I sent her letter below that she prob binned and ignored REF car swap Rover 45. Detail: Supply of goods act 1982 The seller did not have title to sell vehicle and therefor in breach of contract to the logbook loan company. ========================================================= HI <REMOVED> I have recently done HPI check on Rover you Swapped with me find enclosed copy of findings, it shows you being the debtor to the log book loan Alert Details Outstanding finance ⦁ Recorded againstVRM 1. DescriptionBLUE 45 CLUB 2. Date0or 3/07/2012 3. LOANS 2 GO (FRANCHISE HOLDINGS) LTD 4. Finance house telephone01706 869722 5. Agreement referenceSSVL45<REMOVED> 6. Agreement typeBill of Sale This is a complicated area of lending. A Bill of Sale might give the finance company right of ownership over the vehicle and you would be advised to make further enquiries before purchasing. The loan company informed me they kept a copy or original log book in your name on file. they say its quite easy for car log book keeper to get replacement log book at cost of 25 quid and report to dvla that original log book lost using a V62 form from the post office and tells me you have done that in sole reason to sell it to unsuspecting buyer or in my case swap. --------------------------------------------------------------------------------------------------------------- Enclosed is copy of letter left with me outlining what i needed to do to get car back. HERES The GOOD NEWS I called this number <REMOVED> and asked for <removed> and they confirmed date above you transferred ownership to them in exchange for loan. I understand your circumstances with the repayments and excessive interest charges they put on your repayment period. I negotiated a figure from 400 quid down to 300 quid of which they will relaese vehicle to me. THE GOOD news for you if u pay 300 quid that would realease the car back to me also you can then settle the loan debt with totally. EXTREMELY IMPORTANT If you decide to do this for your and my benifit when you pay the 300 quid you tell them you are going to pay the 300 on condition they release ownership and the car back to me. And also important the 300 quid will also settle the debt you have with them and they never pursue anymore money from you. YOU MUST get everything in writing before you pay the money over to them for complete settlement. Call the same number above and ask to speak to speak to <REMOVED>. on doing the above no further action due to fraud selling to me will be actioned and in turn you will have peace of mind to have settlement with the loan company too.. Link to comment Share on other sites More sharing options...
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