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Plea for help

Discussion in 'A3/S3/Sportback (8P Chassis)' started by A1 NLF, Feb 22, 2012.

  1. A1 NLF
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    A1 NLF New Member

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    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.
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  2. crunchie
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    crunchie Member

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    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?
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  3. A1 NLF
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    A1 NLF New Member

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    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.
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  4. NHN
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    NHN Modmetractor

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    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.
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  5. mrpeng
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    mrpeng 2.0T Quattro

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    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
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  6. audigex
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    audigex Active Member

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    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.
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  7. crunchie
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    crunchie Member

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    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: Feb 24, 2012
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  8. AidenUK
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    AidenUK Well-Known Member

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    Only £750? You must be minted lol.
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  9. NHN
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    NHN Modmetractor

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    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.
    #9
  10. wez3570
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    wez3570 Member

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    Your local trading standards office might be able to tell you where you stand legally.
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  11. audigex
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    audigex Active Member

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    "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.
    #11

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