|
|
Jan 26, 2011 10:29:01 GMT
|
Apologies for the non-retro post, but I'd really appreciate some advice...
I sold my BMW a couple of weeks ago. As far as I was concerned, it was a 328i Sport - the guy I bought it from said it was and advertised it as such, when I needed to replace the suspension I had to buy Sport parts for it, my insurance documents came back as 328i Sport, when I took it to the local garage for work it showed up on their system as a Sport.
I'd advertised it on eBay and Auto Trader as a 328i Sport and, foolishly in hindsight, I'd put the phrase 'this is a genuine 328i Sport, and it says so on the V5' in the ad. Unfortunately, the V5 actually just said '328i'. Genuine mistake on my part. Having had all the other documents saying 'Sport', I was convinced that the V5 said it too and I didn't check it before posting the ad.
So now the seller's saying he's going to report me to Trading Standards, on the grounds that I 'falsely advertised' and 'mis-sold' the car. It was certainly never my intention to do that, it was a genuine mistake.
Nothing like this has ever happened to me before. What's likely to happen next? What can I do? What are my rights?
|
|
|
|
|
Dez
Club Retro Rides Member
And I won't sit down. And I won't shut up. And most of all I will not grow up.
Posts: 11,784
Club RR Member Number: 34
|
Help! What are my rights?Dez
@dez
Club Retro Rides Member 34
|
Jan 26, 2011 10:34:24 GMT
|
private sale, caveat emptor, tell him to f-k off. simple as that really!
|
|
|
|
|
|
Jan 26, 2011 10:34:44 GMT
|
I'm not sure trading standards will get involved in a private sale?
Also the DVLA records are a bit hopeless for this sort of thing.
IMO / IME it is what the manufacturer says it is. If BMW say it is a Sport then it is so. VIN decode help here?
|
|
1941 Wolseley Not Rod - 1956 Humber Hawk - 1957 Daimler Conquest - 1966 Buick LeSabre - 1968 Plymouth Sport Fury - 1968 Ford Galaxie - 1969 Ford Country Squire - 1969 Mercury Marquis - 1970 Morris Minor - 1970 Buick Skylark - 1970 Ford Galaxie - 1971 Ford Galaxie - 1976 Continental Mark IV - 1976 Ford Capri - 1994 Ford Fiesta
|
|
|
|
Jan 26, 2011 10:35:06 GMT
|
Don't do anything.....buyer beware.
|
|
|
|
|
|
Jan 26, 2011 10:36:53 GMT
|
private sale, caveat emptor, tell him to f-k off. simple as that really! Not entirely. He can still bring a private prosecution for deception, if there was any.
|
|
1941 Wolseley Not Rod - 1956 Humber Hawk - 1957 Daimler Conquest - 1966 Buick LeSabre - 1968 Plymouth Sport Fury - 1968 Ford Galaxie - 1969 Ford Country Squire - 1969 Mercury Marquis - 1970 Morris Minor - 1970 Buick Skylark - 1970 Ford Galaxie - 1971 Ford Galaxie - 1976 Continental Mark IV - 1976 Ford Capri - 1994 Ford Fiesta
|
|
|
|
Jan 26, 2011 10:37:23 GMT
|
It will be a genuine Sport, tell the guy to stick it. DVLA arent the best at getting anything right to be fair.
|
|
|
|
|
|
Jan 26, 2011 10:37:38 GMT
|
If you're not a trader I can't see Trading Standrads doing much. The buyer may well have a case somewhere though (probably Small Claims Court) so I'd personally advise noting the price difference between 'genuine' Sports and replicas. That way you will have an idea of a realistic price difference should it come to it.
I'd strongly advise contacting C.A.B for advice, if you bought it as genuine example and it's not there isn't a great deal you could have done. It might be worth dropping the buyer a mail and asking him what he wants out of it. I'd hazard a guess he'll ask for some ridiculous figure so maybe do your homework on price and if, for example, there's a £600 difference in value offer to meet him half way at £300. I'd make it absolutely clear though that's all you're prepared to offer in case he/she takes the mickey and asks for more a week later.
Whatever you do though seek advice of C.A.B or a friendly (i.e cheap or free) solicitor first. It would appear to me they'll have to prove you sold it knowing full well it wasn't genuine so keep any paperwork you may have or best of all the advert from when you bought it and see what happens. Pure guess but I'd think they'll ask you to make a token payment towards valuation difference.
Edit: stuff 'hard luck on the buyer' that's not a nice way of doin g things. I'd imagine a lot of us would be very cheesed off if we bought something that wasn't what it was supposed to be. I know you've acted perfectly in this O.P so I don't mean this about you, but I don't like this sort of 'sod the buyer' mentality because it could quite probably happen to anyone of us.
|
|
Corsa Apology Champion 2014.
|
|
mk14dr
Yorkshire and The Humber
Posts: 4,472
Club RR Member Number: 85
|
Help! What are my rights?mk14dr
@mk14dr
Club Retro Rides Member 85
|
Jan 26, 2011 10:38:16 GMT
|
Yeah, I can't imagine the Trading Standards would be even remotely interested, unless your a trader.
It sounds like someone didn't fill the form in correctly when it was first registered. Tell him to go to/ring his nearest BMW dealership and see what their computer says....
|
|
|
|
ThePollitt
Posted a lot
Fix up, look... at that car on eBay!
Posts: 4,696
|
|
Jan 26, 2011 10:39:24 GMT
|
private sale, caveat emptor, tell him to f-k off. simple as that really! What Dez said. It's not worth the worry Dan. I've had people attempt to do this to me in the past and it's got them nowhere. He's an opportunist who probably thinks you'll bite, resulting in some sort of pay off. He might have had a leg to stand on had you knowingly sold him a faulty or dangerous car. A small administrative error such as yours isn't going to go anywhere though. Ignore, carry on with life, win. Chris EDIT: And by way of both confirmation and humor, here is proof that the DVLA are useless via my Astra GTE's V5... ...and my Merc's V5 just came back with the middle name of Mary. Brilliant.
|
|
Last Edit: Jan 26, 2011 10:45:35 GMT by ThePollitt
|
|
|
|
Jan 26, 2011 10:41:51 GMT
|
Thanks guys. I'm going to give the CAB a call, see what they say...
|
|
|
|
|
|
|
Jan 26, 2011 10:50:21 GMT
|
I'd be very wary of relying on "buyer beware". Loads of changes in consumer law over recent years do affect private sales. I had an issue with the sale of a car and because it had dodgy lights the cops were initially more interested in prosecuting me for selling a car (as a private individual, car sold as a project) with non-working headlihgts than the fact that the buyer was threatening violence over the matter of a misbehaving gearbox.
|
|
Last Edit: Jan 26, 2011 10:51:15 GMT by akku
1941 Wolseley Not Rod - 1956 Humber Hawk - 1957 Daimler Conquest - 1966 Buick LeSabre - 1968 Plymouth Sport Fury - 1968 Ford Galaxie - 1969 Ford Country Squire - 1969 Mercury Marquis - 1970 Morris Minor - 1970 Buick Skylark - 1970 Ford Galaxie - 1971 Ford Galaxie - 1976 Continental Mark IV - 1976 Ford Capri - 1994 Ford Fiesta
|
|
|
|
Jan 26, 2011 10:58:40 GMT
|
Exactly Alistair.
You sell a car to someone and they come back moaning because the insurance costs more than they thought or the CD player packs up a month later, that's the buyer's hard luck.
If you sell a mis-described car it's a whole different metal vessel with spout and handle of trout.
|
|
Corsa Apology Champion 2014.
|
|
|
|
Jan 26, 2011 11:09:54 GMT
|
For a start, I’d have to say it was down to the buyer to satisfy themselves that it is what it proclaims to be and to be honest, if you’re buying a car like that then you should know what sets a Sport apart from a ‘normal’ 328i.
Trading Standards won’t want to know, but the big thing is I wouldn’t rely on the V5 for nowt. Heard of countless examples where cars aren’t described as the particular model on the V5 but are the genuine article. All the other pointers you have mentioned eg sourcing parts, insurance database all point to the real deal. I get the feeling you’re a genuine guy and while the obvious answer is to say go away in not so many terms, you sound like you want to do the right thing by the buyer whether you’ve made a mistake or not. Perhaps just ask the local BMW main dealer to run the VIN and that should clear it up once and for all?
|
|
|
|
ThePollitt
Posted a lot
Fix up, look... at that car on eBay!
Posts: 4,696
|
|
Jan 26, 2011 11:11:12 GMT
|
If you sell a mis-described car it's a whole different metal vessel with spout and handle of trout. But that's the thing, it's not mis-described. Dan described it as what he knew it to be. He's got a stack of paperwork to state it's a Sport, he bought it as a Sport and he serviced it and maintained it as a Sport. The error doesn't lie with Dan, it lies with the DVLA. This could be rectified by the current owner without involving Dan. We're losing sight here. Granted, should it be something major then we wouldn't want it to be us. This isn't something major though, it's a tiny glitch that can be easily sorted without phone calls or threats. Chris
|
|
|
|
hamps
Posted a lot
www.medwayrscentre.co.uk
Posts: 2,077
|
|
Jan 26, 2011 11:20:15 GMT
|
don't worry mate I had a 328i sport, they don't say sport on the v5, they were dealer built mostly, standard 328i delivered then the dealer would fit the sport pack! the blokes being a nob end! tell him to do 1
|
|
|
|
nofrills
Posted a lot
my wings are made of Steeeeeeeel!!!
Posts: 1,243
|
|
Jan 26, 2011 11:21:27 GMT
|
To be honest as already has been said, the buyer should have looked into it more thoroughly, i have in the past bought something i thought to be legit but when it turned out to be a replica then that was my hard luck due to me not really knowing the differences, i can't see anything coming from it, when you sold it did you do a receipt "sold as seen and tested" both signed??
You seem genuine to me, and again as said above the DVLA are pretty useless at times, i had a car which changed colour on the logbook even though the car had never been touched by a paint gun, and this caused problems as on a hpi it said it had a colour change when infact it hadn't, so its probably down to them in first place.
Good Luck buddy
|
|
|
|
|
|
Jan 26, 2011 11:25:01 GMT
|
But they buyer would (has) seen it that way Chris. We know dbizzle has been honest but he doesn't.
It sounds like the buyer is flapping because he bought what he thought was a genuine Sport (and I'm guessing either paid a premium for it or thought he was) and now thinks he hasn't got one.
|
|
Corsa Apology Champion 2014.
|
|
ThePollitt
Posted a lot
Fix up, look... at that car on eBay!
Posts: 4,696
|
|
Jan 26, 2011 11:25:20 GMT
|
If you want a definitive result so you know where you stand, call a BMW dealer and give them the last seven digits of chassis number. That'll confirm whether it's a Sport or not.
Chris
|
|
|
|
|
|
Jan 26, 2011 11:28:05 GMT
|
|
|
|
|
|
|
Jan 26, 2011 11:28:35 GMT
|
private sale, caveat emptor, tell him to f-k off. simple as that really! Not entirely. He can still bring a private prosecution for deception, if there was any. A private prosecution or small claims court proceedings represent a great opportunity for the OP to clear it up, if it goes that far. The OP should call the buyer's bluff and be ready to prove (via insurance docs and receipts for Sport spec parts) that there's no deception. The buyer would have to prove (somehow) that the lack of Sport on the V5 meant that it wasn't a Sport. The BMW dealer could maybe help, though having a pal in a dealer would be the best bet.
|
|
|
|
|