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Legal help please....

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Old 01-08-2010, 02:41 PM
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Ima Racing
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Default Legal help please....

I bought a 2003 XJR 15 months ago for 10.5k only to own it 2 days and the management light came on, the car trader took it back and fixed it...but 2 days later it came back on so i took car to jaguar dealer at there expence to find the engine had low compression on no7 cylinder and would realistically need a rebuild. Now this was gonna be around an 8k bill and trader said he couldnt pay so i said i'd go to court. Well it turned out my uncle who also is a trader had a trader mate who knew him and vouched that give him the car back and let him sell it for you for a full refund instead of court.....car ran ok a bit lumpy at idle but youd never know it was fucked really as its a quick motor...only the light on caused concern. I sad ok to this and gave car back anyway it sold and came back instantly before i got money...ok re up for sale.....sold again to a bloke who knew nothing about jags and apparently the light issue was sorted..ie not on anymore ever (no rebuild!) BUT the bloke couldnt pay in full its taken 13 months to get 9k back off the trader...1.5k balance to follow BUT the trader was paid a few months back the last payment and keeps promising i will get it....BUT today i heard he filed for bankrupsy.....so can i reposses my car as technically its still mine until i get full payment????? Or am i fucked? Infact he just text me saying i will get my money next week...yeah yeah...at the very least i'd like to tell the new owner it needs a new engine!
Old 01-08-2010, 03:04 PM
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rubinsbin
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Speak to the official receivers-but i can tell you now you.ll get nothing sorry to say, vat first -second come inland revenue, 3 comes the bank
lastly( i mean lastly)!! you if there is anything left but you must do the paperwork-im supprised!!! ,i would have gone into recieveship prior to paying you anything,
thats what its all about-- voluntry or forced your shafted.
Old 01-08-2010, 03:24 PM
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dojj
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you sold the car
someone else bought the car form the bloke you sold it to
you won't get squat

not sure if the morals are ok either, selling the car on because you think it's fucked and letting someone else take the big bill is a bit naughty
Old 01-08-2010, 03:37 PM
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Isaac.Hunt
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So the guy who bought the car from the trader (acting as your agent on a verbal agreement) has paid in full for the car, Ł10,500 as agreed.

Your agent has repaid you Ł9000 of that Ł10,500 and failed to pay the last Ł1500.

No, you cannot repossess the car as the buyer has kept to his agreement with your agent. You sold the car to the buyer for Ł10,500 to be paid via the agent. He has paid Ł10,500 via your agent. He doesn't have to ensure that your agent, as chosen by you, is reliable. He is instructed by you.

You didn't sell to the trader, you used him as a sales agent to market your car. If you had sold it to him you would have received your money in exchange for title to the car.

In short, your legal recourse is claiming the money from your agent who retains your funds. If he is made bankrupt you pretty much won't see the money.
Old 01-08-2010, 03:47 PM
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Ima Racing
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Originally Posted by dojj

not sure if the morals are ok either, selling the car on because you think it's fucked and letting someone else take the big bill is a bit naughty

Dojj, the car is confirmed fucked, but trader couldnt afford to repair it so said he'd sell it on BUT would give an expensive warranty cover if the new owner found out. He offered me this warranty but jaguar said the engine had been apart and bodged before it had a new head on one bank aswell, i just wanted out as they said on close inspection it had had a hard life despite only 63000 miles! + i know how shit warrantys really are.
Old 01-08-2010, 04:42 PM
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tabetha
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I'm with dojji on this, you having found out the car was broke, willingly let someone else take the fall for it financially, ie the new buyer.
It is zero to do with warranties, if you buy from a trader you have SIX MONTHS in LAW for any major faults, the law regards they existed at the time of sale,(fair wear and tear excepted), the trader can't afford the engine repair, he could "afford" to take profit on the cars he sold, I find it a pity that you got anything back, what's the saying what goes around comes around, and you've shown your card with trying to stitch someone up.
tabetha
Old 01-08-2010, 04:45 PM
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dojj
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So the trader try to screw you.
You were wise to this.
The car was returned.
The trader was skint.
He floged the car to someone else.
They paid him.
He didn't give you the money.
You won't see a penny of it if he's gone bust.

Your morals are sound in this transaction
Old 01-08-2010, 04:55 PM
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Wish people would read!...i got 9k back...and he text and said i will get balance next week....but he said that before!

Tabetha i have not tried to stitch anyone up...i gave the car back to the trader for a refund...what he does with the car sell/set light/eat etc etc is of no concern of mine aslong as i get my full money back....its his conscience.
Old 01-08-2010, 05:58 PM
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dojj
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the way it was originally written it "appears" that you may have been party to a potential stich up and that the shortfall in the money was karma giving you a quick kiss

subsequent posts make it clear that you want your money back and the seller seems to be a bit shady and is now out of business, leaving you in the lurch
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