weskereric Posted July 27, 2011 Share Posted July 27, 2011 Nothing about a Supra but I'll may be find some advices here from club members I'm French and I bought a Nissan skyline GTT from a car trader in UK. He gave me a receipt with "Nissan Skyline GTT" written. When we arrive in France, we discover in fact that it was a gt25 (N/A) with a gtt (turbo) engine in it The trader doesn't want to refund me, doesn't respond to my calls and I'm still waiting the v5 because he had to send me it by post. Would I be right if I take it to a court as he sold me car like a gtt (written in the receipt) and in fact it's not. What would be the procedures ? How long would it take, cost... ? (If someone is a lawer ) Quote Link to comment Share on other sites More sharing options...
Swampy442 Posted July 27, 2011 Share Posted July 27, 2011 When did you buy the car? Think you have either a 7 or 14 day period where you can return it if youre not happy. Maybe he didnt know it had been swapped though? Quote Link to comment Share on other sites More sharing options...
Jurgen-Jm-Imports Posted July 27, 2011 Share Posted July 27, 2011 pm me details i will see if i can help Quote Link to comment Share on other sites More sharing options...
bradleyh_15 Posted July 27, 2011 Share Posted July 27, 2011 When did you buy the car? Think you have either a 7 or 14 day period where you can return it if youre not happy. Maybe he didnt know it had been swapped though? Even if he didn't know he is breaching trade description and has miss sold the car and miss lead the customer!? Quote Link to comment Share on other sites More sharing options...
Ian C Posted July 27, 2011 Share Posted July 27, 2011 Significantly mis-sold, he can return it for a full refund. Quote Link to comment Share on other sites More sharing options...
Havard Posted July 27, 2011 Share Posted July 27, 2011 I think the fact that he is avoiding you is a sign that he knows he was in the wrong. I would expect you to be successful if you went to court. I imagine a well worded solicitors letter would solve this. H. Quote Link to comment Share on other sites More sharing options...
Abz Posted July 27, 2011 Share Posted July 27, 2011 Did it state "Sold As Seen" on the receipt? Quote Link to comment Share on other sites More sharing options...
weskereric Posted July 27, 2011 Author Share Posted July 27, 2011 Jurgen, I'll pm you thanks for your help. He was may be not aware of that, that would be suprising because he had sold plenty of them before. But when I told him, he still doesn't want to refund me. Quote Link to comment Share on other sites More sharing options...
weskereric Posted July 27, 2011 Author Share Posted July 27, 2011 Did it state "Sold As Seen" on the receipt? No but it clearly states "Nissan Skyline GTT" hopefully for me in this case. Quote Link to comment Share on other sites More sharing options...
marbleapple Posted July 28, 2011 Share Posted July 28, 2011 Did it state "Sold As Seen" on the receipt? That's irrelevant. You can't paint white stripes on a donkey and sell it is a Zebra. Traders have a higher duty of care than the man on the street. If he knew or should have known about the engine swap then he is likely to be bang to rights and the Insured can seek return of the car. Even if he didn't know I suspect selling it as something which it isn't would be sufficent for the buyer to get his money back (and potentially damages) in this instance for breach of contract, SOGA etc. With regard to reference to cooling off periods, my understanding that this only applies to distance selling regulations and/or the selling of financial products, not the buying of a car. I would be interested to hear if I am incorrect on this point. Quote Link to comment Share on other sites More sharing options...
Swampy442 Posted July 28, 2011 Share Posted July 28, 2011 With regard to reference to cooling off periods, my understanding that this only applies to distance selling regulations and/or the selling of financial products, not the buying of a car. I would be interested to hear if I am incorrect on this point. Taken from the AA website :- "Change of heart The law also means you'll have a cooling-off period of seven working days if you want to cancel your order. This is dated from the time you receive your goods. You should also be given written information on how to cancel your contract and a postal address, plus you'll be entitled to a full refund within 30 days. " http://www.theaa.com/motoring_advice/car-buyers-guide/cbg_legalrights.html Quote Link to comment Share on other sites More sharing options...
Havard Posted July 28, 2011 Share Posted July 28, 2011 That's irrelevant. You can't paint white stripes on a donkey and sell it is a Zebra. . Oh crap, that has seriously ruined my plans for a Zebra shop and a chance to make some serious profits..!! Back to the drawing board. H. Quote Link to comment Share on other sites More sharing options...
weskereric Posted July 28, 2011 Author Share Posted July 28, 2011 I already sent an email to trading standards in Leeds. Is there anything I could do to solve this problem ? Quote Link to comment Share on other sites More sharing options...
j_jza80 Posted July 28, 2011 Share Posted July 28, 2011 Name and shame! (probably not a good idea if you're taking legal action) Was this trader located just West of London? A well known (and disliked) trader seems to have just sold a Skyline GTT... Quote Link to comment Share on other sites More sharing options...
weskereric Posted July 28, 2011 Author Share Posted July 28, 2011 Up north Quote Link to comment Share on other sites More sharing options...
marbleapple Posted July 28, 2011 Share Posted July 28, 2011 Oh crap, that has seriously ruined my plans for a Zebra shop and a chance to make some serious profits..!! I thought it was a great analogy. Quote Link to comment Share on other sites More sharing options...
marbleapple Posted July 28, 2011 Share Posted July 28, 2011 Taken from the AA website :- "Change of heart The law also means you'll have a cooling-off period of seven working days if you want to cancel your order. This is dated from the time you receive your goods. You should also be given written information on how to cancel your contract and a postal address, plus you'll be entitled to a full refund within 30 days. " http://www.theaa.com/motoring_advice/car-buyers-guide/cbg_legalrights.html The part of the article you have copied the above from was talking about purchases made over the internet (Hence the title 'Internet') not face to face purchases. In purchases over the net or via phone, I believe the distance selling regulations apply. It doesn't apply to face to face contracting. Up north If it was one of those Bradford companies I wish you luck. Quote Link to comment Share on other sites More sharing options...
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