After opinions/advice.

The wife went to carcraft on Sunday and has bought a car,

she's got a rather terrible deal,

paid 3000 over the top for it and

then due to some historic missed payments the finance she has got is poor, over 5 years she'll pay back 19000 for an 8500 car.

When she's come back and

I've had a look at the paperwork and been horrified, it's sunk in and she's wanted out.

Saying well you get 7 days to return it, the line from the salesman was

"you can return it within 7 days as people change their mind",

so I've went to return it and they've then said well actually it's a 7 day exchange,

where you can swap it for another car even if it's cheaper, they then rejig the finance,

but you either take the car you bought or another one, there's no return.

I did a bit research and pointed out that I had formed the opinion that there is a legal argument

that the salesman has made a verbal misrepresentation of a key term of the contract

and this is a breach of the unfair trading regulations 2008.

In discussion they've then showed me a sheet of paper with a typed list on which they read out to her at the time

and they pointed to where it says "7 day exchange" or "7 day exchange policy" I can't now remember.

this document is unsigned and she didn't get a copy, she accepts it was read out and didn't ask any probing questions.

The salesman said that bit I quoted about "you can return it within 7 days" when he read the 7 day exchange point to her,

he never said exchange or swap, he said return .

I have checked the other docs she got which is an order form and a finance agreement,

no mention at all on the exchange or return point.

I have then pointed out that what the wife has understood it to mean was,

she can bring the car back and get the one she part exchanged back, deposit back etc.

she took some comfort in this, in that if she got a bad deal, it didn't matter cos shed just bring it back.

I have also said that that 7 day exchange part is a term of the contract, it's unclear and as such if it's unclear, it's unfair.

So I said there's a valid claim under the unfair contract terms act too.

Their crack was well we can swap the car otherwise go and take legal action if that's how you feel.

To do some damAge limitation incase I lose at court,

I am swapping the car for the cheapest they have which will reduce the loss as I see it by half,

cos the cheapest one they have is 4000 grand less than the one she's bought.

I plan on filing at civil court for the two reasons mentioned and seeking damages of them taking the car back,

refunding any payments I have made,

paying us the value of the part exchange and

paying any penalties to the finance company.

The justification I feel for those damages is this,

that is the position I would have been restored to had I been able to invoke the "return" clause we thought we had,

because of what was said by the salesman.

Please note I, we, she has been used somewhat interchangeably, it'll be my wife whose bringing the claim.

The initial purchase was her doing, the attempt to persuade them to let us out of it was mine.

All thoughts welcome, but I'll be honest,

we don't really need the "well what did she take the bad deal for" input,

and finally sorry for the lazy grammar and structure,

I wrote this on an iphone in the bath, it's semi SMS typing

hi welcome

can you please use the edit post icon

at the base of your post above and add some blank lines

and sentences

thank you

dx

ok I think we can sort this

we have a very good carcraft rep here

I've alerted linzi

i'm sure she will make contact tomorrow.

on a side note.

I take the agreement was signed on premises so no 14 days cancellation rights?

dx

awesome! Though it is of concern there is a need for a car craft rep. Dear oh dear.

Yeah it was bought it store, driven away that day.

no they are a good idea

we find them very useful in dealing with issues

those that don't get dumped.

if you wish

its simple to see how many threads have been reolved by them if you wish

just use our search in the top grey toolbar

carcraft rep

dx

Hi,

I have spoken to our customer services team and they have tried to get in contact, they have left a message on the land line and mobile phone.

If you can get back to them, they can help out with this issue.

Thanks

Update,

rang the above number and they were closed for bank holiday weekend,

by chance the finance company rang to take direct debit details and

the wife said well fine but I don't want the finance.

To her surprise they said well that's fine well just cancel it and you can return the car.

I then rang carcraft who said they'd have to ring their finance department and

when we rang back they'd yielded and had to take it back.

Oddly enough it was the same manager who said they don't accept cars back.

2 weeks later they've got their car back,

I took it back that day.

They've provided 3 different dates my part exchange car will be back

and then whenever we ring they just give another date.

They've also twice said they'd refund our deposit and that's still not been done.

The situation is improved but through our own efforts rather than a single bit of help from carcraft,

it's like pulling teeth or getting blood from a stone.

Take your pick on the analogy

Hi, Sorry to hear this has yet to be fully resolved. I have passed this on to Customer Services at Head Office to investigate as soon as possible for you.ThanksLinzi

Lesson from all this is stay away from Carcraft.

Agreed, lesson learned the hard way

This isn't actually anything to do with CarCraft, it is between you and the finance company, they bought the car, not you.