Car dealer definition

[WSTT]

Hello!
I'm sorry but I don't know exactly where I should post this but I have a question that maybe one of you might know the answer.

I went to a dealership to by a car and the dealer end up selling me the car through a private sale without me realising it.
My question is, can a person that deals on cars do a private sale?

Thanks in advance!

[WSTT]

The car for what I understand was in the guys name, not the dealership. But am I wrong to assume that anyone that buys car to sell is view in the eyes of law as a dealer? Because the only good reason I see to do this is to evade taxes.
And I don't understand the consumers right act as a warranty, it is just a way to guarantee that what is sell is in conditions in the moment of the sell and that is all I am arguing in this case.

[WSTT]

I view the car on the dealership. I went there, the car was not advertised anywhere. I'm pretty sure he didn't used the car as a private car.

It seems I did the payment to his personal account, though a bank transfer. I didn't realize at the time, he was the one the introduced the details on my phone.

I know this all seems very stupid but at the time I didn't realise how scratchy all was because the system here is quite different from where I came from.

Thank you all for the answers so far.

[WSTT]

That's the thing, it was never discussed during the sale it was and when I signed the paper there was nothing that suggested that. When I send him the official notification requesting the refund, his lawyer send me a copy of the document I signed that now has this first line that reads private sale... It was a document written by hand on the day of the sale... It never passed through my mind that he would write on top of it, I do feel very stupid now.

[WSTT]

I am still hoping that the law and my right would be above anything written on a paper. Just because you write something that doesn't make it legal, even if it is signed by both parts. But I guess this goes beyond what I think it's right or wrong

[WSTT]

cuprabob said:

WSTT said:

That's the thing, it was never discussed during the sale it was and when I signed the paper there was nothing that suggested that. When I send him the official notification requesting the refund, his lawyer send me a copy of the document I signed that now has this first line that reads private sale... It was a document written by hand on the day of the sale... It never passed through my mind that he would write on top of it, I do feel very stupid now.

Were you not given a copy of the document you signed?

No, I was expecting it to be send by email

[WSTT]

The payment was all made in one go.

I did overpaid with the promise the car was in excellent condition. It is an old car but that is not an excuse to have motor problems.

His lawyer says it is was private sale so I am not protected under the consumers right act.

[WSTT]

I really appreciate all your answers.

I'm already in contact with citizens advice but it is a long process and sometimes they are not lawyers either and don't answer to some more complicated questions.

By now it's more a question of principles than anything else. Of course I don't want to lose money but the idea that someone can do this things to someone and carry on unpunished just revolts me. I was ok with owning it as a learning experience but when he started to adulterate documents and clearly expose it all as a scam just pissed me off.

[WSTT]

Roger Irrelevant said:

OutInTheShed said:

But, it could be that the OP has bought a good car at a fair price?
So what does he want to happen?

This is the bit of the puzzle that seems to be missing. Is there anything actually wrong with the car OP? If you're happy with it, and it's a fairly old car, then for now just tell the dealer that so far as you are concerned it was a business-to-consumer sale, that him writing 'private sale' on a bit of paper doesn't mean anything, and leave it at that. If you'd dropped £200k on a 2-year old Ferrari then yeah, I'd be clarifying the legal position now, but if it's a £3k 15-year old Kia I'd only bother having the argument if it actually goes wrong in the near future.

The car have important problems that I wasn't able to detect on the moment I tested it because they only appeared when the motor was warm. It was enough to not pass the MOT that he show me as flawless.

[WSTT]

Trevor555 said:

WSTT said:

I really appreciate all your answers.

I'm already in contact with citizens advice but it is a long process and sometimes they are not lawyers either and don't answer to some more complicated questions.

Not my experience, and many others I've pointed towards them.

Have they pointed you towards their template letters on their website?

Have they asked you if the car was on sale on the forecourt?

Ie, did it have a price board in the window?

Was it parked next to other cars on sale?

And if he did claim it to be his own personal car, have you got the V5 yet? How long was he the owner.

I'd call citizens advice again, ask to speak to someone else.

It doesnt take loads of time, they simply tell you your rights over the phone, then give you template letters for your legal wording, and tell them to send recorded post.

Also, If they feel an infringement has taken place, they can pass the case to trading standards to look at.

I used their template letters. Basically they told me the only thing I can do now is going to court with it. They already pass it to trading standards but that goes beyond me and my case, even if they do something it will not affect my case.

[WSTT]

Trevor555 said:

I hope you will do that then as they've suggested.

They wouldn't suggest that if they didn't think you have a case.

If the dealer doesn't reply, get back onto citizens advice for the next letter which will be a "letter before action"

Be sure to put a deadline on your letters.

Please don't give up like most do, it sounds like that dealer has stitched you up with a problem car if you're trying to reject it.

Thank you. I already send that last one too. I'm already in talks with a solicitor to try to figure this out.

[WSTT]

Trevor555 said:

One of the online vehicle check sites shows previous adverts for the car.

Maybe "total car check"

Anyone?

This would greatly help your case if your car shows it having been advertised by this dealer

I really appreciate your interest and help.

The car was on the dealership but was on the back, not having any advertise or price on it.
But in the end I do feel none of it should matter, he doesn't stop to be a dealer when he wants and even more when I look for him in his work place! I was okay to negotiate this away, but when he started to play dirty that pissed me off

[WSTT]

Hello everyone,
I'm getting back to this old post just to give an update since I was never able to find any precise information regarding the problem I had.

Fortunately, after 1yr trying to find a solution for my problem, the situation end up going to court and I won. Not only the person that sold me the car had to take it back but he also had to pay for the full year of insurance of the car since I never really use the car and it all took so long because he didn't fulfill his legal duties.

With this I want to show my frustration against the system. Fortunately I am in a position where I end up having the knowledge, mental availability and money to fight for my rights but the system is not here to protect the consumer as it seems. There are multiple entities to regulate dealers but most times they don't even dignify themselves to answer. During all this process I couldn't stop to think of all the people that get in this situation, spending their hard work money to get scammed and not having the resources to help themselves and that's os infuriating and frustrating.

Also, I want to also say that entities like AA cars are utmostly useless and not reliable. They should be a seal of approval, a sign that the people you are dealing with are reliable but when contacted they are slow and uncompromising, unwilling to provide the service they promise and the dealers that they approve can continue working under they seal without consequences.

I'm sorry for the rant but it was a very frustrating year. Just wanted to let this note for anyone that find themself in the same situation that me that it is frustrating but there are things that can be done.