Legal advice against a car trader

weskereric · July 27, 2011, 07:08:39 PM

Nothing about a FD 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

)

RyanT · July 27, 2011, 07:17:57 PM

You don\'t need to go through lawyers yet mate. Go to trading standards, as it has come from a trader it must do two things do the purpose it was meant for and be as advertised. If it is not as advertised he is legally in the wrong and has to replace on refund the item.

Search trading standards on google and it will come up with there number. I had a similar incident and they where really helpful.

Also stop calling the trader and start emailing him or sending everything recorded with a copy. That way you will have proof of what is said and know it was recived.

merlin2002 · July 27, 2011, 07:29:54 PM

you got a link of the advert you brought it from? or the txt from the add?

Rob

Speedline Imports · July 27, 2011, 08:05:41 PM

Not knowing a lot about Skylines, is it possibly the seller didn\'t know it didn\'t start life as a GTT? Are chassis numbers different on the GTT and GT25 models?

Does it matter it has been converted? Registration problems in France?

weskereric · July 27, 2011, 11:58:54 PM

Quote from: merlin2002;778602you got a link of the advert you brought it from? or the txt from the add?

Rob

I don\'t have any record of the advert but in the receipt it\'s clearly written "nissan skyline gtt" hopefully for me in this case and it\'s a gt25 (N/A) with a gtt (turbo) engine.

weskereric · July 28, 2011, 12:05:04 AM

Quote from: Speedline Imports;778607Not knowing a lot about Skylines, is it possibly the seller didn\'t know it didn\'t start life as a GTT? Are chassis numbers different on the GTT and GT25 models?

Does it matter it has been converted? Registration problems in France?

He has sold a lot of r34 skyline so he should know them pretty well but if he didn\'t know that, I think he still should have accept to refund me when I told him that because he sold me a GTT as stated in the receipt and in fact it\'s a GT25 with a GTT engine.
There is a different engine code in the VIN plate between GTT and GT25.
The problem is differences between them are engine, gearbox, diff, arms, brakes and some parts in the interior. The only thing I know for sure that has been converted is the engine and yes there will be registration problems because the current engine is not the one corresponding to the car.
I also paid the price for a GTT nothing surprisingly cheap if it was a gt25 converted...

m1tch · July 28, 2011, 07:49:15 AM

Was it also written on the receipt \'sold as seen\'?

RyanT · July 28, 2011, 08:03:38 AM

Trading standards law is a lot stricter on dealers than a private sale. As he is a trader the advert has to match the car exactly for this purpose. And as he has given you a recipt with a different car on it they will see he did not know what he was selling. Traders are expected to know what cars there selling.

weskereric · July 28, 2011, 08:25:18 AM

Quote from: m1tch;778715Was it also written on the receipt \'sold as seen\'?

No, just "Nissan Skyline GTT"
I\'ve just sent an email to trading standards, we\'ll see...

B.Martin · July 28, 2011, 08:35:46 AM

Sounds a bit of a ball ache, best of luck.

jetpilot · July 28, 2011, 08:49:53 AM

Without sounding harsh, if there are differences with interior trim, brakes etc, how did you not noitce when you viewed the car?

hayden · July 28, 2011, 12:06:04 PM

Quote from: weskereric;778702and yes there will be registration problems because the current engine is not the one corresponding to the car.

If this is a requiremnt in france to register an import then why didn\'t you check the numbers matched before buying?? All the best getting it sorted though

rx-dave · July 28, 2011, 12:41:32 PM

There are quite a few differences the most obvious being the VIN plate and then the 3 clocks / gauges on the top centre dash. My French customers all ask for the V5 to be scanned and emailed to them, this would have also pointed out you were being sold a wrong un.
Being a trader myself you do have to be a lot more carefull selling to private customers but that\'s no major problem as it\'s easier to have happy customers than angry ones.
The dealer may simply not have noticed, are you also not a dealer? I buy from all types of sellers and i know that when i buy from dealers i have no legal rights if it goes wrong as Trading Standards would say "well you should know better" :rolleyes:
I\'d ask the dealer to exchange it for another car for you as you\'ll have a lot more luck than looking for an outright refund. I hope all goes well for you, if you want to email some details of the car i have some good contacts in Germany who buy cars exclusively for drifting / track use so i may be able to help you.
Dave. esp.ltd@hotmail.co.uk

weskereric · July 28, 2011, 02:23:59 PM

Quote from: jetpilot;778732Without sounding harsh, if there are differences with interior trim, brakes etc, how did you not noitce when you viewed the car?

Because it\'s my first skyline and I tried searching differences between a gt25 and gtt after having bought the car as I feeled that there was no LSD and that seems strange to me for a GTT.
He\'s an importer since long ago and has sold plenty of Skyline. I had no reason to think the car could not be what it was in the advert, what he told me and what it was written in the receipt because it looks like a GTT from the exterior and the engine was from a GTT.
The receipt clearly states it\'s a Nissan Skyline GTT and it\'s not so he\'s in the wrong and has to refund me.
Differences between them are major, price would be half for this kind of car and finally I can\'t register it in France.

weskereric · July 28, 2011, 02:26:54 PM

Quote from: rx-dave;778767There are quite a few differences the most obvious being the VIN plate and then the 3 clocks / gauges on the top centre dash. My French customers all ask for the V5 to be scanned and emailed to them, this would have also pointed out you were being sold a wrong un.
Being a trader myself you do have to be a lot more carefull selling to private customers but that\'s no major problem as it\'s easier to have happy customers than angry ones.
The dealer may simply not have noticed, are you also not a dealer? I buy from all types of sellers and i know that when i buy from dealers i have no legal rights if it goes wrong as Trading Standards would say "well you should know better" :rolleyes:
I\'d ask the dealer to exchange it for another car for you as you\'ll have a lot more luck than looking for an outright refund. I hope all goes well for you, if you want to email some details of the car i have some good contacts in Germany who buy cars exclusively for drifting / track use so i may be able to help you.
Dave. esp.ltd@hotmail.co.uk

The trader probably knew that the car wasn\'t a GTT but even if he didn\'t know, he still doesn\'t want to refund when I told him. He clearly written that it was a Nissan Skyline GTT in the receipt so hopefully "well you should know better" would be for him.