Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
We went and looked at a car from a secondhand dealer a couple of weeks ago. On arrival the bonnet was up as it had run out of diesel. The guy had called the AA as it had air in the system. When the AA arrived, he said that it was more than just running out of diesel more like the fuel pump/injectors. The dealer agreed that he would fix it and service it for us. He took a deposit and said he would refund if he didn't get it fixed. Follwoing week husband collected car all fixed (apparently) and serviced. Paid £3200 in total in credit card. So we have had the car a week.
Didn't drive it for most of week as had company cars that we have now sent back. Husband took it too the garage last week to get a second key coded (as we only got one at time of sale). He mentioned a strange noise which turned out to be the air conditioning pump dying. We have found out the arts alone for this are around £600. The mechanic said if the car had been serviced the person servicing it would have known that the a/c was on its way out.
Husband took it out on Sunday and the car just died. AA called and say it is the fuel system again and not to drive it. My husband opened the rear window and the cable snapped as well.
So we have a fuel system not working, air con on its way out and no rear windows.
We have phoned the dealer who has said he will repair it again. But we have no confidence in his 'fixing'. I doubt he would fix the a/c and it was advertised with a/c. In addition to this he is 60 miles away so it would be inconvenient and costly going backwards and forwards.
We have asked for a refund, which he has refused, but then said he would refund, but give us a lower amount ince we had had it a week and it was 'damaged'.
Since this we have spoken to TS and have sent a special delivery letter rejecting the car and asking for a full refund stating the reasons.
Also written to credit card company holding them equally liable.
So what I would like to know is there anything else we should be doing?
In peoples experience what are the outcomes of these scenarios?
Can we ask for compensation for things like the hire car I have, transportation of the car when we return it etc?
Many thanks for your advice and time reading this.
If you have rejected it; it will be his responsability to collect it. compensation is not normally attributable.
Have you given them a time limit to respond before taking further action i.e. small claims court?
Thanks for that-yes as per advice from TS we have given him 7 days to respond in writing. What do we do if he doesn't respond-which I reckon is highly likely.
To be honest I will just be glad to get the money off my cc-it sucks having it sitting on a bill with nothing to show. I can live with the other expense I guess.
Husband is a bit twitched-because although the dealer tried (and failed ) to repair the fuel system, we have not given him the opportunity to fix a/c.
Do you have to give the option to fix or is it ok we have gone straight for refund? I thikn TS are just going purely on fuel system issues.
Going backwards and forward 60 miles to get repairs done etc is so inconvenient.
As far as I am concerned it is an unreliable heap and I want rid!
Then deny him his nuptials and demand your way. (Am I supposed to say that).
If he fails to respond then you send a letter before action with all you said in the rejection letter only this time mentioning the extra he will have to pay in county court fees etc; that should get his attention.
Remember to send any correspondence recorded delivery.
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Never phone or accept phonecalls from debt collection companies.
If you don't believe you can win, there is no point in getting out of bed.
_________________________ ________________ _________________________ ___________________
If he does agree to refund-do we need it in writing (as opposed to him calling us-as he may try and do) that he has agreed to a refund and for the full amount.
As we paid by cc we obviously need it credited back onto the card-are we entitled to the handling fee we paid?
He also knocked off £300 as it needed a good clean which we were happy to do, we noticed the sunroof wasn't working-(a known fault with the make/model and not an issue to us) and it only had one key.
Husband has since been and got another key and it all recoded-at our expense (£100). Can we get the money back for this key? Or do we have to had back both keys and lose the money?
Anything you have done to the car will be off your own back and not reclaimable as you had the right to take it back and ask for him to fix it, however, if it goes to court, you could ask the judge to reimburse some of the money you spent as he wont be entitled to a better car than he sold, but that isn't a certainty.
The same with the key, he didn't ask you to get one so probably won't want to buy it from you, and you certainly 'don't' have to hand it over to him.
You are entitled to the sum that you paid for the car, (don't forget to take out the tax disc and get a refund).
You paid by CC so you have an advantage in asking the CC co to do a chargeback if he refuses to refund as well as the option to take him to county court if they can't do a chargeback.
Trading Standards wants your help
Dubious website businesses Conterfeit alcohol and cigarettes Illegal sales of alcohol, tobacco, knives & fireworks to children Cowboy builders or tradesmen Car clockers Counterfeiters Aggressive selling
Never phone or accept phonecalls from debt collection companies.
If you don't believe you can win, there is no point in getting out of bed.
_________________________ ________________ _________________________ ___________________
Thanks Conniff (again)
I spoke with CC co last night and they have recieved our letter holding them jintly liable under the Consumer Credit Act. They agreed to put the account into dispute and not charge us interest on the £3200. They say they will respond in 10 days.
So if the dealer does not respond in the given time frame -do we wait for the 10 days so we can see if the cc co will recover the money? Or do we just pursue the dealer?
I honestly thought the dealer would have rung us by now (I know we mustn't talk to him) to try and resolve the situation-generally show willing that he has an interest or understanding of the law.
The bill for the key and headlight and generally diagnosing the a/c problem came today. £249 ouch! Its is so gawling when the thing doesn't go.
There isn't any 'shouldn't' talk to the dealer, it would just be easier to have a paper trail in case it goes further. If you should phone, take notes of what was said, the time and who you spoke to.
If he doesn't respond in time, you could give him a ring and see what he has to say. If it is not to your likeing, then go with the chargeback. Wait for the CC co to get back to you. If they haven't rung on the 10th day, then call them on the 11th and see what is happening.
If you should continue to go for the dealer, don't accept anything less than you paid for it.
Trading Standards wants your help
Dubious website businesses Conterfeit alcohol and cigarettes Illegal sales of alcohol, tobacco, knives & fireworks to children Cowboy builders or tradesmen Car clockers Counterfeiters Aggressive selling
Never phone or accept phonecalls from debt collection companies.
If you don't believe you can win, there is no point in getting out of bed.
_________________________ ________________ _________________________ ___________________
'..our comapnay is as follow:
Any vehicle sold to a customer as a used vehicle and sold as seen
We provide a 3 month basic warranty for up to £250 on engine and gearbox only
We do not returm sold vehicles
He says he is prepared to try and repair.
Have spoken to Consumer direct who were pretty hopeless today. We have written a rejection of the car and all I want is my money back. What do we do now?
It seems they need educating with regards to the law and SOGA. No such thing as sold as seen etc.
You need to write a letter before action, insisting he respond in 7 days or you will commence lagal action i.e. small claims court.
plenty of advice on here how to do that.
Chase credit card co as well.
Assistance needed on a secondhand car please
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Its is so gawling when the thing doesn't go.
