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nashy99 Gate Opener
Joined: 12 Oct 2010 Odometer: 2 Location: Australia
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Posted: Tue Oct 12, 2010 9:02 am Post subject: Legal advice needed from someone in the UK
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Greetings fellow Unimog enthusiasts. Member, Normalbloke has suggested that i place a thread on the UK forum asking for assistance. Recently i travelled from Australia to the UK after placing a holding deposit on a vehicle. The deposit was placed with the proviso that if the vehicle was not as described that i was under no obligation to purchase the vehicle. To cut to the chase, the vehicles cab is full of rust and unsuitable. Unfortunately this lowlife has kept my deposit of 2000GBP quite an amount when converted to AUD. Im hoping that someone on here will know a good lawyer that can review the correspondence between both parties and see if i have a case against him. Any help much appreciated.[/img]
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mike97 Guest
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Posted: Tue Oct 12, 2010 7:30 pm Post subject:
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Hi Nashy,
If I were you I would post a message on Pistonheads.com in the 'speed,plod and the law' section. Its not a mog forum in any way but there is a good chance of getting some legal advise.
http://www.pistonheads.com/gassing/forum.asp?h=0&f=10&mid=0
I do hope you get it sorted.
regards Mike
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scut44 Guest
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Posted: Tue Oct 12, 2010 8:42 pm Post subject:
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Sorry to hear your plight & sadly you are in a bad place with your deal.
I would have gone straight to his local police station & i think you still should.
He may be known & they may give him a visit,
many different senarios on who or where he is tho.
(they may say to take a hike, you need to try to see tho)
My nose is bothering me, & since you paid £2000 deposit i feel i must ask how much more you were going to pay as a balance on the purchase??
That was a very large deposit as a holding fee.
My advice would be to go to any solicitor near to where you currently are & get advice there.
Normally the first meeting will be free, just ask & check.
The next advice is post up some details on here of an address or area, &
maybe email them & the post code to me,
or anybody else on the forum thats interested.
Then i can check out the place on google earth & the net & see if i know anyone local that may be able to assist.
george
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nashy99 Gate Opener
Joined: 12 Oct 2010 Odometer: 2 Location: Australia
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Posted: Wed Oct 13, 2010 3:44 am Post subject:
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I offered 10% of the price and foolishly agreed to 2000GBP, actual cost was 14,500. The guy is located close to Newcastle upon Tyne. I have made contact with a solicitor in Newcastle and have passed all the information to her. I'm located in another country, which is why i think he did not disclose the rust in the cab, thinking i would just take it. See how it goes, thanks for your assistance.
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isle_of_man Just got MTs
Joined: 15 Jan 2006 Odometer: 336 Location: on a rock surrounded by water
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Posted: Wed Oct 13, 2010 5:59 pm Post subject:
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I'm thinking you're stuffed - go back to the MOFO and ask for half your money back.
The legal route will be much more than this - put it down to experience!!!
__________________________________ http://www.j33p.org/_club/rides_view.cfm?ride_id=24 |
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paulob1 Gate Opener
Joined: 25 May 2009 Odometer: 40 Location: Hants
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Posted: Tue Oct 19, 2010 6:53 am Post subject:
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sadly this is true...the bloke is one of the UK lower life who have little knowledge of what truth means and will do all they can to steal...and the police will have no interest in it because it isn't real crime, he was not speeding after all...
__________________________________ UNIMOG U900 AG SPEC... |
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Biffo Just got MTs
Joined: 24 Mar 2008 Odometer: 214
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Posted: Tue Oct 19, 2010 9:28 am Post subject:
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Your solicitor should be able to sort this out, but I suspect that you will need written proof, emails, advert etc, were he states the condition of the vehicle, especially if you've asked questions about it, and his answers.
I would suspect that you will also need written proof that you stated you would not buy the vehicle if it wasn't as advertised.
Was the deposit stated as *Non-returnable* if so, that may make it harder.
When you say rust, what do you mean? surface rust comes on brand new vehicles in England, it pisses down here!
You may need to get the vehicle inspected to say if the rust is acceptable on the age of the vehicle etc. but your solicitor should advise you on this.
Personally I think you made one hell of a mistake paying so much as a deposit, I would have paid him £100 to hold it for a few days whilst you had the vehicle examined. You can get that done by the RAC or AA for about £50, and then you'll know just what you're buying, warts an all!
I really do wish you the best of luck.
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normalbloke Articulating
Joined: 29 Aug 2007 Odometer: 633
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Posted: Wed Oct 20, 2010 7:19 am Post subject:
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Biffo wrote: | Your solicitor should be able to sort this out, but I suspect that you will need written proof, emails, advert etc, were he states the condition of the vehicle, especially if you've asked questions about it, and his answers.
I would suspect that you will also need written proof that you stated you would not buy the vehicle if it wasn't as advertised.
Was the deposit stated as *Non-returnable* if so, that may make it harder.
When you say rust, what do you mean? surface rust comes on brand new vehicles in England, it pisses down here!
You may need to get the vehicle inspected to say if the rust is acceptable on the age of the vehicle etc. but your solicitor should advise you on this.
Personally I think you made one hell of a mistake paying so much as a deposit, I would have paid him £100 to hold it for a few days whilst you had the vehicle examined. You can get that done by the RAC or AA for about £50, and then you'll know just what you're buying, warts an all!
I really do wish you the best of luck. |
What type of vehicle do you think he was buying if you're suggesting an RAC or AA inspection???LMAO
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dxmedia Mud Obsessed
Joined: 10 Dec 2008 Odometer: 2185
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Posted: Wed Oct 20, 2010 10:13 am Post subject:
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Humm it appears that there's a problem with the axle... the tube doesn't go in to the middle of the hub
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Biffo Just got MTs
Joined: 24 Mar 2008 Odometer: 214
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Posted: Wed Oct 20, 2010 10:58 am Post subject:
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normalbloke wrote: | Biffo wrote: | Your solicitor should be able to sort this out, but I suspect that you will need written proof, emails, advert etc, were he states the condition of the vehicle, especially if you've asked questions about it, and his answers.
I would suspect that you will also need written proof that you stated you would not buy the vehicle if it wasn't as advertised.
Was the deposit stated as *Non-returnable* if so, that may make it harder.
When you say rust, what do you mean? surface rust comes on brand new vehicles in England, it pisses down here!
You may need to get the vehicle inspected to say if the rust is acceptable on the age of the vehicle etc. but your solicitor should advise you on this.
Personally I think you made one hell of a mistake paying so much as a deposit, I would have paid him £100 to hold it for a few days whilst you had the vehicle examined. You can get that done by the RAC or AA for about £50, and then you'll know just what you're buying, warts an all!
I really do wish you the best of luck. |
What type of vehicle do you think he was buying if you're suggesting an RAC or AA inspection???LMAO |
Well if he's dropped £2k deposit without even seeing it, and is prepared to ship it out somewhere, and doesn't expect there to be any rust on it, it's obviously not a banger!
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normalbloke Articulating
Joined: 29 Aug 2007 Odometer: 633
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Posted: Wed Oct 20, 2010 1:43 pm Post subject:
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Biffo wrote: | normalbloke wrote: | Biffo wrote: | Your solicitor should be able to sort this out, but I suspect that you will need written proof, emails, advert etc, were he states the condition of the vehicle, especially if you've asked questions about it, and his answers.
I would suspect that you will also need written proof that you stated you would not buy the vehicle if it wasn't as advertised.
Was the deposit stated as *Non-returnable* if so, that may make it harder.
When you say rust, what do you mean? surface rust comes on brand new vehicles in England, it pisses down here!
You may need to get the vehicle inspected to say if the rust is acceptable on the age of the vehicle etc. but your solicitor should advise you on this.
Personally I think you made one hell of a mistake paying so much as a deposit, I would have paid him £100 to hold it for a few days whilst you had the vehicle examined. You can get that done by the RAC or AA for about £50, and then you'll know just what you're buying, warts an all!
I really do wish you the best of luck. |
What type of vehicle do you think he was buying if you're suggesting an RAC or AA inspection???LMAO |
Well if he's dropped £2k deposit without even seeing it, and is prepared to ship it out somewhere, and doesn't expect there to be any rust on it, it's obviously not a banger! |
Possibly not a banger, and possibly not something the AA/RAC would have a clue about. I suspect the clue may well be in the forum section, but who knows....
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paul_c Off-Road Guru
Joined: 17 May 2009 Odometer: 1378
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Posted: Wed Oct 20, 2010 1:56 pm Post subject:
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Firstly, is this new or secondhand? If s/h, age of vehicle and mileage?
Secondly, is it from a dealer or a private seller?
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big_patrol Mud Obsessed
Joined: 10 Sep 2006 Odometer: 2620 Location: Rossendale
1998 Nissan patrol
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Posted: Thu Oct 21, 2010 11:15 am Post subject:
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[quote="paul_c"]Firstly, is this new or secondhand?
Thats a joke question right?
__________________________________ Everybody welcome to trials club, visit www.ncortc.com every third sunday of the month |
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dxmedia Mud Obsessed
Joined: 10 Dec 2008 Odometer: 2185
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Posted: Thu Oct 21, 2010 1:15 pm Post subject:
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There seems to be more interest in the condition of the vehicle and HOW much deposit rather than helping with the initial enquiry of a request for legal assistance.
The mog in question was a U1550 - second hand - The new prices of these are astrinomical
The deposit, I believe was not far off 10% - not an unusual deposit amount concidering the vehicle and it's advertised condition.
The vehicle was being sold by a company who specialise in Pallets and Packing materials, vat was to be paid which indicated that is was not a private seller.
The rust appeared to be quite substancial, and there was the following comment in the advert Quote: | Prefer cash or bankers draft on collection and, if not happy, do not take. |
Just to try and clear a few things up.
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paul_c Off-Road Guru
Joined: 17 May 2009 Odometer: 1378
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Posted: Thu Oct 21, 2010 6:55 pm Post subject:
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In that case the best advice would be to try and amicably negotiate a part-refund of the deposit. The problem is, its secondhand and the dispute is regarding condition, not bits working/not working or safety. So its subjective. AA or RAC might not have been able to inspect or advise properly, but there's plenty of other firms who would - eg agricultural dealers or engineers, etc. Deposit amount - you need to take the risk that the deposit may not be refundable if you simply don't like (the condition of) the vehicle, so you need to keep it to the bare minimum (ie holding deposit to prevent advertising/selling to another vendor), preforably £0, or even getting the vehicle and paying after about a month or so of ownership.
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diff22000 Neil Diamond lookalike
Joined: 30 Jun 2002 Odometer: 9291 Location: Luton Beds
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Posted: Fri Oct 22, 2010 7:37 am Post subject:
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paul_c wrote: | preforably £0, or even getting the vehicle and paying after about a month or so of ownership. |
are there places that will let you do this?
__________________________________ http://www.justgiving.com/team_chaos
co-founder of the famously feared D.C.J.C. |
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big_patrol Mud Obsessed
Joined: 10 Sep 2006 Odometer: 2620 Location: Rossendale
1998 Nissan patrol
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Posted: Fri Oct 22, 2010 8:28 am Post subject:
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I have heard of people getting things on similar terms but they always end up in jail
__________________________________ Everybody welcome to trials club, visit www.ncortc.com every third sunday of the month |
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paul_c Off-Road Guru
Joined: 17 May 2009 Odometer: 1378
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Posted: Fri Oct 22, 2010 11:30 am Post subject:
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diff22000 wrote: | paul_c wrote: | preforably £0, or even getting the vehicle and paying after about a month or so of ownership. |
are there places that will let you do this? |
Yes, can give you a list if you want. Many ag dealers will do this for known long standing customers.
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big_patrol Mud Obsessed
Joined: 10 Sep 2006 Odometer: 2620 Location: Rossendale
1998 Nissan patrol
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Posted: Fri Oct 22, 2010 1:03 pm Post subject:
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I dont think they would class somebody from the other side of the world in the regular customer group.
__________________________________ Everybody welcome to trials club, visit www.ncortc.com every third sunday of the month |
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paul_c Off-Road Guru
Joined: 17 May 2009 Odometer: 1378
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Posted: Fri Oct 22, 2010 1:41 pm Post subject:
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big_patrol wrote: | I dont think they would class somebody from the other side of the world in the regular customer group. |
Exactly, but don't lose sight of what I originally advised. The £0 and a month's credit was an ideal example that was questioned and explained. The principle of leaving a small deposit (from the buyer's POV) is the important factor here. All, unfortunately, which doesn't help the OP since he's come unstuck and is only now seeking advice. The problem is, for a non-UK resident doing an international transaction buying a vehicle, there's very little protection offered.
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diff22000 Neil Diamond lookalike
Joined: 30 Jun 2002 Odometer: 9291 Location: Luton Beds
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Posted: Fri Oct 22, 2010 4:02 pm Post subject:
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paul_c wrote: | diff22000 wrote: | paul_c wrote: | preforably £0, or even getting the vehicle and paying after about a month or so of ownership. |
are there places that will let you do this? |
Yes, can give you a list if you want. Many ag dealers will do this for known long standing customers. |
Long standing customers, I can see that, but I was thinking in his case.
Regards
Colin.
__________________________________ http://www.justgiving.com/team_chaos
co-founder of the famously feared D.C.J.C. |
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