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Hello.
I am a new member who is a bit lost in the legal jungle.
On the 8th March 2019 I was visiting car showrooms that I had seen on AutoTrader with a Porsche Boxster for sale. These showrooms were mainly in South Yorkshire some 100 mile from home.
After visiting two dealers and not being happy with what they were offering, I recalled seeing a car that I had discounted earlier because the registration in the advert could not be checked online. I had sent the dealer two e-mails asking why the reg could not be checked but had received no answer (provable). As we were only 15 minutes away at the time, I rang the dealer, Xxxxx motors, and spoke to a Xxxxx Xxxxxxxxxx who said he was the proprietor. I asked about the registration again and he said it was quite simple and if I called in he would explain.
We arrived at his premises at about four thirty in the afternoon. We looked at the vehicle and it looked like what I had been looking for, even though it obviously had a flat battery as the jump leads were nearby and the cover was off the battery, when asked about this his reply was don’t worry we will sort it out. I asked Mr. Xxxxxxxxxx about the registration (Xx xx xx) and he explained that it was in the adverts to show that the vehicle was a 2009 vehicle and that the correct plate was a private number (Sxxxxx). This seemed reasonable at the time as I admit I was a little excited. When I asked for a test drive, he said this was not possible as the vehicle needed to go through the workshop for a full check up and MoT. When I asked if it had a current MOT he said he would put a full MOT on the car. Again this seemed reasonable, although, when asked about the cars history, he did not tell me there was no current MOT. We went into the office and he shoved the owners manual and other bits of paper around then said if I left a deposit of £500 he would get it sorted for the following Wednesday and that when I get home I could do the checks and maybe tax the vehicle, so I left the deposit.
On the long drive home alarm bells started to ring in my mind. The S reg plate did not make sense as S reg is 1977 and this model was not even being made then. Why would he not let me check the cars history on his computer, as I had asked? However, I convinced myself that it would be ok.
When I got home I started doing the checks only to find that the car had been standing unused for nearly two years (last MoT 2016). This worried me because of the amount of money involved and the danger of an engine failure due to engine oil seals drying out, this being a Porsche it would be catastrophic . The next morning, before the showroom was due to open, I rang and said that, as the car had been stood so long and they had not informed me and also they had not been truthful about the registration and had advertised it with false number plates, I wished to cancel the contract and request my deposit be refunded. The person on the phone said that the boss Mr.Xxxxxxxxx was not in and he would have to ring him.
Ten minutes later he phoned me back and said he had spoken to the boss who said to tell me that he was keeping the deposit as per the contract. I then explained that it had only been one business hour how could he justify this. He replied “you will have to take it up with Xxxxx” and then hung up.
I then went onto the AutoTrader advert to check my facts and low and behold he had been into the advert and deleted the pictures. I contacted AutoTrader and they confirmed this to be true.
Since then I have exchanged emails and letters asking for my deposit to be returned but he (Xxxxx) flatly refuses.
I have offered to go to arbitration on two occasions and this has been ignored.
On going through the paperwork to get it in order, it turns out that I did not actually sign the contract.
I have again contacted Xxxxx and explained that there is no signature on the contract therefore he should refund my deposit. Once again he flatly refused.
I then filled out the required forms to take him to the small claims court. He has now entered a defence that he is an individual and that any claim should be against the Company therefore my claim should be set aside and a new claim against the company entered.
I do feel that as I have been corresponding with this person and have been getting negative replies from him that he and the Business are one and the same as he is the sole owner.
My question to you is, should I do as suggested and set the claim aside? or carry on as I believe he as the owner has a case to answer.
I do realise at the age of 65 I was a bit naive to take the word of a car salesman and to fall for the car excitement thing but I have dreamt of owning Porsche for many years.
Any advice will be welcome.
Thanks. Kenbo
I am a new member who is a bit lost in the legal jungle.
On the 8th March 2019 I was visiting car showrooms that I had seen on AutoTrader with a Porsche Boxster for sale. These showrooms were mainly in South Yorkshire some 100 mile from home.
After visiting two dealers and not being happy with what they were offering, I recalled seeing a car that I had discounted earlier because the registration in the advert could not be checked online. I had sent the dealer two e-mails asking why the reg could not be checked but had received no answer (provable). As we were only 15 minutes away at the time, I rang the dealer, Xxxxx motors, and spoke to a Xxxxx Xxxxxxxxxx who said he was the proprietor. I asked about the registration again and he said it was quite simple and if I called in he would explain.
We arrived at his premises at about four thirty in the afternoon. We looked at the vehicle and it looked like what I had been looking for, even though it obviously had a flat battery as the jump leads were nearby and the cover was off the battery, when asked about this his reply was don’t worry we will sort it out. I asked Mr. Xxxxxxxxxx about the registration (Xx xx xx) and he explained that it was in the adverts to show that the vehicle was a 2009 vehicle and that the correct plate was a private number (Sxxxxx). This seemed reasonable at the time as I admit I was a little excited. When I asked for a test drive, he said this was not possible as the vehicle needed to go through the workshop for a full check up and MoT. When I asked if it had a current MOT he said he would put a full MOT on the car. Again this seemed reasonable, although, when asked about the cars history, he did not tell me there was no current MOT. We went into the office and he shoved the owners manual and other bits of paper around then said if I left a deposit of £500 he would get it sorted for the following Wednesday and that when I get home I could do the checks and maybe tax the vehicle, so I left the deposit.
On the long drive home alarm bells started to ring in my mind. The S reg plate did not make sense as S reg is 1977 and this model was not even being made then. Why would he not let me check the cars history on his computer, as I had asked? However, I convinced myself that it would be ok.
When I got home I started doing the checks only to find that the car had been standing unused for nearly two years (last MoT 2016). This worried me because of the amount of money involved and the danger of an engine failure due to engine oil seals drying out, this being a Porsche it would be catastrophic . The next morning, before the showroom was due to open, I rang and said that, as the car had been stood so long and they had not informed me and also they had not been truthful about the registration and had advertised it with false number plates, I wished to cancel the contract and request my deposit be refunded. The person on the phone said that the boss Mr.Xxxxxxxxx was not in and he would have to ring him.
Ten minutes later he phoned me back and said he had spoken to the boss who said to tell me that he was keeping the deposit as per the contract. I then explained that it had only been one business hour how could he justify this. He replied “you will have to take it up with Xxxxx” and then hung up.
I then went onto the AutoTrader advert to check my facts and low and behold he had been into the advert and deleted the pictures. I contacted AutoTrader and they confirmed this to be true.
Since then I have exchanged emails and letters asking for my deposit to be returned but he (Xxxxx) flatly refuses.
I have offered to go to arbitration on two occasions and this has been ignored.
On going through the paperwork to get it in order, it turns out that I did not actually sign the contract.
I have again contacted Xxxxx and explained that there is no signature on the contract therefore he should refund my deposit. Once again he flatly refused.
I then filled out the required forms to take him to the small claims court. He has now entered a defence that he is an individual and that any claim should be against the Company therefore my claim should be set aside and a new claim against the company entered.
I do feel that as I have been corresponding with this person and have been getting negative replies from him that he and the Business are one and the same as he is the sole owner.
My question to you is, should I do as suggested and set the claim aside? or carry on as I believe he as the owner has a case to answer.
I do realise at the age of 65 I was a bit naive to take the word of a car salesman and to fall for the car excitement thing but I have dreamt of owning Porsche for many years.
Any advice will be welcome.
Thanks. Kenbo
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