Thread: Motor Vehicle Trader In Need Of Help!!

I have done a bit of digging to see what I could find on the consumers point of view. Below is an extract from a site that may help you understand your rights as a trader.:-

Action to take
If you have bought a car from a trader, which turns out to be faulty or which you think has been misdescribed, you need to take action straight away.
The Sale of Goods Act 1979 states that, if you can show the goods to be faulty, not fit for their purpose or misdescribed, you have, for a short time after purchase, a right to reject them and get a refund of the purchase price. Therefore, if you have only had the car for a very short time, have only driven a few miles and you discover a major problem, you are probably entitled to reject it and get your money back plus the return of a ‘traded in’ car, if there was one, or its value if it has been disposed of.
If you decide to reject the car, stop using it at once, contact the trader to discuss the matter and make it clear that you wish to reject. Follow up this approach with a short letter explaining the nature of the complaint and confirming that you wish to reject and get your money back. Try to make an appointment to discuss the matter with someone responsible at the garage but, remember, if you wish to reject, it is important that you put it in writing as soon as possible. You can accept a repair for a major fault but this won’t stop you claiming a refund if the repair turns out to be unsatisfactory. It is best to make your position clear before any repair is attempted.
You should bear in mind that the law only allows consumers a short time to reject goods before, in the legal sense, they have ‘accepted’ them. This means that you have had the goods long enough to establish that they are satisfactory or that you have told the trader that you have accepted them. Only a court would be able to make a decision on this point but would take all relevant factors into account.
If the fault was present when you bought the car, you do have other remedies, even if you have left it too late to get a refund. You are entitled to seek a repair or replacement. These have to be carried out within a reasonable time and without significant inconvenience to you. If replacement or repair is not possible, then the law allows for the options of full or partial refund. Each case would be judged on its own merits.
The onus is normally on you rather than the trader to prove a claim, i.e. that the car is defective in some way. However, the law now states that if you are claiming replacement, repair, full or partial refund within the first six months of ownership, the onus is on the trader to prove that the goods were acceptable when they were sold. This is called the ‘reversed burden of proof’.
After six months, it is up to you to provide evidence to support your claim that the car was defective when it was sold, so you may need an independent report. If you need to pay for a report, which can be used in court, try to get the trader to agree beforehand that the report can be used as a basis for negotiations. Write to the trader to suggest this, so that you can show you have tried, but you should not let failure of the trader to agree or respond prevent you from getting an expert report when you need one.
Some points to note about accepting a repair:

• If the repair will take a long time, you may also be able to claim compensation. For example, you may be able to claim for the cost of hiring a car or the trader may, of course, offer a loan car.
• If the repair adds to the value of the car, the trader could have a case for asking you to make a contribution.
• You may choose to use your rights under any warranty you were given with the car but, if you do, you must comply with all the terms of the warranty. Remember that you do not have to rely on the warranty, you can use your legal rights instead.

When you go to the garage to discuss your complaint, you may see the salesperson first. Take all the paperwork and be prepared to be patient, clear and firm and take someone with you if possible. You may have to go through the complaint several times and you may need to speak to someone more senior if the matter cannot be resolved. Make it clear which of the remedies described above you are seeking. If you are entitled to a refund and this is what you want, be persistent. However, most car faults can be repaired and, in cases of genuine faults, the trader is likely to offer repair. Try to get specific details as to what the diagnosis is and what it to be done. Get this in writing if you can.
If you and the trader cannot reach an agreement as to the solution to the problem, you should write letters to the trader and finance company, if there is one, keep a copy for yourself and send a copy to the head office. It is usually best to send letters by recorded delivery.
If the repair fails to rectify the fault, inform the relevant person and, again, try to agree an acceptable course of action. This is where a second opinion or a good technical report is useful, so that you are in a stronger legal position. Keep the finance company involved, if there is one. If the trader offers something but it is not what you want, don’t be rushed into a decision. Take time to think about the offer – you can accept or negotiate for a better offer. Only you can decide what to do.
If you have to have repairs carried out elsewhere, you should make sure the trader knows you are going to do so beforehand to give him an opportunity to resolve the matter. You should ask the repairer to write you a report on what was wrong with the car, providing full written details of the work carried out and the cost. It is best to keep all defective parts which have been replaced. You can then sue the trader/finance company for the cost of repair, secure in the knowledge that you have proof of what was done and how much it cost. You may need to prove that, on the balance of probabilities, you were sold a car which was not of ‘satisfactory quality’.
If negotiations fail, you could consider using an alternative dispute resolution scheme. Check to see if the trader is a member of a trade association which has such a scheme.
As a last resort, you may need to consider taking court action. You should write and notify the trader and finance company, if there is one, of your intentions. Most claims up to £5000 can be settled using the small claims procedure in the county court and you can obtain further information from your local County Court or online at Her Majesty’s Court Service website.
If you bought your car from a trader online, and things have gone wrong, check the website from which you bought the car for details of how to report a complaint. Report your complaint as soon as possible, preferably in writing. Follow the advice given above and remember that you may have additional rights under the Distance Selling Regulations. If the car is faulty or misdescribed, and you want to reject it soon after purchase, the trader should arrange the collection at his/her own expense. You may, however, be prepared to negotiate on a replacement car or to have your car repaired. The trader may agree, if they trade some distance away, to have repairs done locally at his/her expense.
If you bought your car via an Internet auction, check the website to see if they run a dispute resolution scheme, which may help you.
Remember, used cars may have some faults, but they should not be excessive. Fair wear and tear is not considered to be a fault.

It sounds more like they have changed their mind and no longer want the car so are making excuses to get you to take it back.

Is the windscreen damage such that it will fail an MoT?

I would also report the threat to your other cars to the police and get a number, even if it was a telephone threat, just in case he carries out his threat.

I also think you have been very resonable in your response and have done things not required in order to keep the customer satisfied.

You need to have the car back and ask for a 'written' list of faults so that you can compare it to how the vehicle was when you sold it.