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Misdescribed campervan - company forged signature on invoice to defeat sec75 claim

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  • Misdescribed campervan - company forged signature on invoice to defeat sec75 claim

    Trying to keep it short as it gets very confusing.

    Campervan purchased from an established company with a turnover of 2million, 750net profit. Initial enquiries were via eBay messages and agreed 6000+160delivery. Bank details provided in this exchange and I sent 200 holding deposit with agreement to call in morning. I checked the bank details matched the Ltd company in banking app.

    I called the next morning as agreed, and was asked for a further 800 to prepare the vehicle for sale, which I sent. I called back to check some info that they have given me, I began to feel nervous and decided I would only complete the rest of the sale by credit card.

    They were very reluctant to accept it, all sorts of excuses, then finally agreed provided I sent across two bills and my driving license as I.D., which I did and the remaining 5160 was deducted to my card.

    Fast forward to it arriving, at night, in the February storms. The man handed me the keys and some paperwork and left. My kids were thrilled but given the weather we didn't tried to use or drive it. Early next morning I tried to tax it using the new keeper slip, but it didn't work saying it was invalid, I went to the post office the next morning where they told me the v5 was outdated, but they could tax and register it in my name. I paid 6 months tax up front at 93.50.

    I returned home, and went to drive it, and noticed that the windows and locks didnt work (electric) and on full inspection there was a rusted broken exhaust, oil leaking, worn tyres, there was exposed wiring on the battery which was in the main living area, and scorch marks and a cut wire at the fuse box. It dawned on me immediately that I'd made a huge mistake, I contacted the seller via email listing the faults and rejecting the vehicle. He told me I could have a refund if I returned it, but would have to pay them to collect, or get it down there myself 80 miles away (they knew the reason I couldn't collect it in the first place is because I have an autistic child). I responded to say that the seller was responsible for return costs under CRA, he didn't actually agree but told me to get return quotes from transport companies.

    I took photos and videos of all issues and all parts of vehicle.

    The quotes were coming back at 360+, in the end, I asked for help from a good friend who owns a garage near me, and they arranged it through their breakdown/recovery driver for 160, which I paid.

    It was returned and the breakdown driver text me to say all went ok.

    Over the next week I sent a couple of messages to seller checking if refund was in progress - he replied with different excuses such as "i need your details again hun" "i'll call you in the morning" "not in the office until Thursday". He then claimed the breakdown company had broken the exhaust so he'd need to sort that out. I replied with a photo of the rusty broken exhaust. He then called me to take credit card details to process refund but said I wouldn't be getting a full refund because I had broken a cupboard (I have a video of it already off the hinge which is hidden when its closed). Following me telling him I would report it to the bank and trading standards he called me and took my bank details for the rest.

    So, 5160 was returned to my credit card, and I sent a couple of polite reminders about the remaining 1000in the two bank transfers, and 160 I paid to return. I got one vague response to say I'd already been refunded and then no answer.

    I left a negative review, and lodged a section 75 claim with CC provider.

    This was met by an aggresive email telling me I'm "bang out of order" and "2 can play them games"

    in this time I sent a letter before action to attempt to prompt payment before CC company got round to the claim.

    Fast forward, CC company gets in touch and says that seller has provided them with an invoice with my signature on it saying I paid only 5160, which they have already refunded.l and therefore they can't do a section 75 claim. I inform the CC I never signed this invoice and that bank transfers were part of the sale per my original claim, they send me a copy which has a forged signature on it which is close to the signature on my driving license. The CC company then queries the bank transfers with the seller who produces two further false invoices for non existent purchases of campervan related items. I tell CC company these are false, and haven't heard back. At this point I also report the two bank transfers as fraudulent, but haven't heard back (its only been a week). I also speak to the police who tell me I could push criminal charges for forgery against the individual, and continue to take civil action against the company for funds recovery.

    I was horrified and updated my review re false purchases. Seller gets in touch via email and says he will return the funds if I remove the review and agree to take no further action. He is pushy and aggresive e.g. emailing me at 8.30pm saying "are we going to sort this out tonight or what"

    I reported to trading standards at the beginning of this, who haven't responded, and also reported to insolvency service for improper conduct, who also told me they won't investigate. I'm expecting a similar answer from the bank, given its a 2million turnover company against a single Mum!

    So what now, I've responded to the seller to advise him I'm already seeking a refund of the funds, plus will be seeking remediation for the misuse of my information and the stress and worry etc. He responded to say I'll owe 20k in damages for the review as he has taken legal advice over the review and I've broken the law. He did not respond to my requests for a copy sales invoice of the actual purchase (which was never provided to me) or an explanation of how/where my personal I.D. docs are stored and could have been accessed.

    I am supposed to send all of the contact and the fake invoices to the police, but to be honest given his aggression (which I have also seen in response to other reviews about poor condition vehicles) I don't fancy it, I imagine the defence ripping my character apart, and given that I have anxiety, and an autistic child needing full time care, I just don't think I could manage to go through it.

    I would have liked my funds back, an apology, assurances that my i.d. info has been deleted, and a payment that recognises how serious the situation is. I've asked for this which is when he responded about the 20k damages. I'm not willing to meet the sellers demands to remove my review and promise no further action for the return of my funds, because I feel a moral obligation to warn others, and I'm not reassured about the safety of my I.D. docs etc. God knows what they could do in future.

    What do I do now? Please help from a very stressed Mum!

    I'm in Scotland and the seller is in England. Also, I have no experience of these types of purchase, working part-time on a low income, the funds were from a small inheritance from my fathers death. The seller knows this.
    Tags: None

  • #2
    In your position just sticks to the truth, you have pictures, and you go to Court that speaks a thousand words, if you read through this site you will read that you are not alone, so many people are stuck with dealers who refuse to repay so stick to your principles, and best of luck, Most of all don't give in that's what he is hoping for that you give up and give in.

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