Classic cars forum & vehicle restoration.
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john-saab

Joined: 06 Dec 2007 Posts: 341 Location: West Dorset
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Posted: Sun Oct 03, 2010 9:24 am Post subject: Buying a mis advertised car from a dealer. |
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I am working on a friends MG Midget..she has owned it for about 4 years and it was bought from a reasonably well known classic car restoration company. They sold the car to her as a 1964 car but as the chassis plate was missing (they said it was removed for the re-spray but lost during work) she assumed it was correct..she paid top money for what is really a mid money car (in my opinion).
I have been sorting out a few electrical bodges and the more I do on the car the more i feel that it's an early 70's car with an older plate..every bit of the electrical/brake/trim is 70's rather than 60's..even the dials are all dated 1971.
My question is this...she is very dissapointed and feels she has been "had"..although she has owned the car for 4+ years would you go back the the restoration company (who should have come to the same conclusion as me if they went any where near the car) and let them know how she feels or is it worth getting "legal" on them..she feels that a later car is worth less and that she paid for an earlier cars "prestige".
Is it a case of "buyer beware" or "buyer conned" ?
Your thoughts please. _________________ Rust Junky & oil addict. |
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Minxy
Joined: 22 Sep 2010 Posts: 273 Location: West Northants
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Posted: Sun Oct 03, 2010 11:26 am Post subject: |
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I guess you could go back to the dealer as if indeed it was miss-sold time is not really a factor but you would have to prove without question the car was a later model and possibly that they sold it with this knowledge. Although my gut feeling is that time combined with the amount of work you would have to do to prove the miss-sell is going to leave you with a ‘wishy-washy’ case to say the least.
If it were me I would collate all the evidence I could and get the young lady to write to them presenting the facts and your intensions (Whether you pursue them or not) and play the ‘damsel in distress’ card and see what the reaction is. My sister is a lawyer and she always says (not to her clients) that legal action should be avoided at all costs and that it is far better to approach people in a professional manner and come to a mutual agreement.
Whatever you decide keep a dossier of work you do and of all correspondence |
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Scotty
Joined: 23 Nov 2007 Posts: 883
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Posted: Sun Oct 03, 2010 11:33 am Post subject: |
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Only my opinion and thinking out loud John - but with her ownership being 4+ years the dealer might say it was correct when he sold it and she must have changed it.
However does she still have the original sale paperwork and does it have a specific year of manufacture mentioned on it by the vendor? I would consider The Sale of Goods Act if it does, but the length of time may be against her.
What does the V5C have on it for VIN and Engine numbers - do that match the specific year for the date the car is supposed to be?
I'm not familiar with MG's, perhaps there's other ID numbers stamped on the floor or specific part numbers stamped onto steering columns, etc that can date the item / car?
Was the car subject to a major restoration prior to her ownership - hence the "modern" parts on the car?
The principal issue for me is the company you mention and its standing within the classic vehicle community, it makes me wonder if they sold it in good faith, not realising it had identity issues. Perhaps a tactful approach to them if you can prove the car is newer than what the company sold it as to see if they would be sympathetic by coming to some form of resolution, be it financial or in kind? |
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victor 101
Joined: 03 Apr 2009 Posts: 446 Location: East Yorkshire
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Posted: Sun Oct 03, 2010 12:03 pm Post subject: |
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The chassis number should tell you what year the car is, check if its been altered or tampered with in any way, it maybe that it is indeed a 64 car that has been rebuilt using bits from a 71 donor car. Either way it doesn't say much for the company she bought it off if they lost the vin plate during painting. On a more serious note, if it turns out its a wrong un and its been rung then getting the police involved will only ensure she will lose the car. Check out MG Midget on wickepedia, it explains the differance between all the models and may help identify which you have. |
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mid
Joined: 10 Jun 2008 Posts: 136 Location: Northampton
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Posted: Mon Oct 04, 2010 7:28 am Post subject: |
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even with the chassis plate 'missing' there should be a body number on the near-side A post just inside the door shut.
Its more than likely just had a re-shell at some point. |
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Riley Blue
Joined: 18 Jun 2008 Posts: 1751 Location: Derbyshire
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Posted: Mon Oct 04, 2010 8:18 am Post subject: |
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mid wrote: |
Its more than likely just had a re-shell at some point. |
That wouldn't explain why "every bit of the electrical/brake/trim is 70's rather than 60's..even the dials are all dated 1971" |
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