Badger5EM Tuning
Results 1 to 11 of 11
Like Tree1Likes
  • 1 Post By audigex

Thread: Plea for help

  1. #1
    Reverse Gear

    Status
    Offline
    Join Date
    Aug 2009
    Location
    London
    Posts
    19

    Plea for help

    Hey Guys,

    Not been on the forum in a while as I put my '09 S3 up for sale back in August last year, long and short of it after being messed around on Auto Trader, I took it to a private car dealer in Kent who specialises in German sport cars, he was a friend of a friend, so offered to sell the car for me and deduct commission before giving me the rest of the money.

    After he sold the car in October, he sent me an invoice for the commission which I did not pay because I had not received the full amount of cash from him. I had a bank transfer of £10,000 but the rest I did not get until the 2nd of January this year after, despite chasing and threatening legal action. Now that he has had payment he wants his commission, which I had understood he had already taken. Whilst I am happy to pay it, I want to know how much he sold the car for, which he is refusing to show me the original documents of.

    He is now taking me to small claims court to try and retrieve this money, despite me saying that I will pay if he can prove how much he sold the car for. I really feel as if there is something dodgy going on here and want to know exactly how much the car sold for, if it was what he said it was for then he can have the commission, if not then we will have to discuss it further.

    Does anyone know how I can either track down the new owner of the car? or how much it sold for? I want to do things above board, of course. I am happy to post the number plate of the car on here, as well as who the dealer was, but at the same time I don't want to upset anyone. I even have pictures from when it was owned by myself and other documentation that I was the owner.

    Any help would be greatly appreciated.
    Audi S3 8P3 Sportback S-Tronic, Phantom Black, RNS-E, Bose, Panoramic Sun Roof, Privacy Glass.

  2. # ADS
    ADS
    Join Date
    Always
    Location
    Global
    Posts
    Many
     
  3. #2
    crunchie's Avatar
    4th Gear

    Status
    Offline
    Join Date
    Oct 2009
    Location
    Inverness
    Posts
    865
    At the end of the day, if you got what you wanted for it he could sell it for £50k and the £ is his.
    If your happy to pay the commission where's the problem?
    Now:
    TTS, Leon Cupra R, MK2 Golf GTi 16v BB 3dr & MK4 Golf "GTi" 2.0 8v


    Past:
    S3 8P3
    A3 2.0T
    S3 8L REVO
    306 Rallye
    Impreza STi8
    Leon Cupra R REVO
    S3 8L REVO
    Impreza T2000
    306 Rallye
    MK3 Golf GTi 8v
    & more in between

  4. #3
    Reverse Gear

    Status
    Offline
    Join Date
    Aug 2009
    Location
    London
    Posts
    19
    Quote Originally Posted by crunchie View Post
    At the end of the day, if you got what you wanted for it he could sell it for £50k and the £ is his.
    If your happy to pay the commission where's the problem?
    Whilst I of course understand this. I was told I would get £20,000 for my car which I took as the dealer had sold it for £20750. £750 being the commission we agreed and not that I would actually only get £19,250. He advertised the car for £24,995 and I believe the at was worth more than £20,0000. So I believe he has already taken a bigger cut, hence why I want to find out what it was sold for.
    Audi S3 8P3 Sportback S-Tronic, Phantom Black, RNS-E, Bose, Panoramic Sun Roof, Privacy Glass.

  5. #4
    NHN
    NHN's Avatar
    Modmetractor

    Status
    Offline
    Join Date
    Jan 2008
    Location
    Coding Something
    Posts
    27,038
    If you goto court, he would be in some trouble tbh as he is obliged to show you a bill of sale as he doesnt own the car, you didnt sell it to him, if he sold it on your behalf, then effectively you are the seller & you are entitled to know who bought the car, effectively you could goto the police & say someone has stolen my car & they can track the car down as you didnt sell it as such, but imho you were foolish to do this anyway, but hindsight & all.

    I would let it goto court, tell him fine, cause you havnt provided me with a bill of sale or the buyers details which as its my car I'm entitled to know, then I'm sure the court will deny his claim.

    Did you put in writing what was agreed between you?

    TBH as already stated, if you got near to what you wanted, then just walk away & accept it as a lesson.

    The fact the guy didnt pay you all for 2-3 months, says to me he's financially unsound hence why he's trying his luck.

    OEM RETROFITS - CRUISE CONTROL - SAT NAV - BLUETOOTH - AMI - HEADLIGHT SYSTEMS

    PARKING SYSTEMS - DIAGNOSTICS - FAULT FINDING - BODYWORK - PAINTWORK

  6. #5
    2.0T Quattro

    Status
    Offline
    Join Date
    Jun 2011
    Location
    Nottingham
    Posts
    78
    i`m sorry here but he sold the car for you as requested you din`t want to do it. did you say at the first place he wasn`t aloud to make a profit on it? all car dealers are in it to make money. seems like you didn`t make it clear form point 1 of the arrangement and its a slightly dirty trick as he thought umm 20k minus com equls the amount he gave you. how anyone trust most car dealers is beyond me i always feel like there trying to rob me soon as i land in the car park we no what most of them are can`t believe its such a shock to you
    Audi A3 2.0T Quattro Lava Grey 18" Dezent light pack Shark remap stg 1

  7. #6
    audigex's Avatar
    3rd Gear

    Status
    Offline
    Join Date
    Jul 2011
    Posts
    555
    Frankly, you need to get advice of a solicitor. If you have a written agreement, they need to see that and decide, based on that, what your prospects are. If not, you need advice on whether to proceed with any claims without knowing how much the car was sold for.

    If you're in the right (legally, based on the evidence available, not morally) then your solicitor will advise you to let him take you to court (or enter a claim of your own), you'll win and he'll have to pay you what you're owed and your legal fees.

    If you're in the wrong (legally, based on the evidence available, not morally) then your solicitor will advise you of this, and you'll probably be better off paying him whatever it's deemed that you owe and putting it down to experience.

    Seriously, don't put this in the hands of some anonymous faces on the forum - you need proper legal advice. I might think he sounds dodgy, but that's not evidence.
    Sheikh likes this.
    Ibis White A3 Sportback Black Edition.
    2.0 TDI (170) Quattro
    Pics


  8. #7
    crunchie's Avatar
    4th Gear

    Status
    Offline
    Join Date
    Oct 2009
    Location
    Inverness
    Posts
    865
    Seems like a lot of hassle for the sake of only £750!
    Just admit that you shouldn't have been so daft in the 1st place and take it as a lesson learnt.
    It was probably only worth £19250 anyway.
    I paid just under £19k for mine from a garage in June. Immaculate 58 plate Ibis 3dr man with 12k.
    Last edited by crunchie; 24th February 2012 at 07:49.
    Now:
    TTS, Leon Cupra R, MK2 Golf GTi 16v BB 3dr & MK4 Golf "GTi" 2.0 8v


    Past:
    S3 8P3
    A3 2.0T
    S3 8L REVO
    306 Rallye
    Impreza STi8
    Leon Cupra R REVO
    S3 8L REVO
    Impreza T2000
    306 Rallye
    MK3 Golf GTi 8v
    & more in between

  9. #8
    6th Gear

    Status
    Offline
    Join Date
    May 2009
    Location
    West Yorkshire
    Posts
    1,628
    Quote Originally Posted by crunchie View Post
    Seems like a lot of hassle for the sake of only £750!
    Just admit that you shouldn't have been so daft in the 1st place and take it as a lesson learnt.
    It was probably only worth £19250 anyway.
    I paid just under £19k for mine from a garage in June. Immaculate 58 plate Ibis 3dr man with 12k.
    Only £750? You must be minted lol.
    Audi A3 2.0L TDI S-Line Sportback

  10. #9
    NHN
    NHN's Avatar
    Modmetractor

    Status
    Offline
    Join Date
    Jan 2008
    Location
    Coding Something
    Posts
    27,038
    I think he means, in grand scheme of things & considering the situation, £750 isnt allot overall to lose by maybe acting a little naive, no offense to OP btw.

    OEM RETROFITS - CRUISE CONTROL - SAT NAV - BLUETOOTH - AMI - HEADLIGHT SYSTEMS

    PARKING SYSTEMS - DIAGNOSTICS - FAULT FINDING - BODYWORK - PAINTWORK

  11. #10
    wez3570's Avatar
    4th Gear

    Status
    Offline
    Join Date
    Jan 2011
    Posts
    711
    Your local trading standards office might be able to tell you where you stand legally.
    2006 A3 3.2 DSG
    Quattro S-Line
    Phantom black pearl
    V Maxx plus coilovers
    Speedlines- anthricite
    MY11 rear lights
    MK2 TT Vents
    Various LED's
    MK2 RNSE
    LaminX on fogs

    For Sale Genuine Audi phone cradle (iPhone 4S/4)

  12. #11
    audigex's Avatar
    3rd Gear

    Status
    Offline
    Join Date
    Jul 2011
    Posts
    555
    Quote Originally Posted by AidenUK View Post
    Only £750? You must be minted lol.
    "Only" £750 to lose/gain compared to the potential for having to pay the losing side's fees - which doesn't normally happen in the Small Claims Court due to representing yourself. Unless heavy costs are incurred, you normally have to pay your own fees (generally pretty low)

    To the OP: If you've got a genuine case, it's definitely worth defending yourself over: if you don't take him to court, it sounds like he's going to do the same to you - so it might be worth calling his bluff and initiating proceedings first. If he wins, he would've taken you to court anyway so you only lose what you would've lost. If you win, you stand to gain more. Again, SEE A LAWYER.
    Ibis White A3 Sportback Black Edition.
    2.0 TDI (170) Quattro
    Pics


 

 

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Single Sign On provided by vBSSO

Garage Plus, Vendor Tools vBulletin Plugins by Drive Thru Online, Inc.

Content Relevant URLs by vBSEO