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Part ex'd my car and dealer now wants huge payment for "fault"


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Thank you in advance for taking the time to read my problem and any advice you can offer.

 

Two weeks ago, I went to a car dealer to look at cars,

I found one I liked and went about negotiating with the dealer in regards to price and part ex my existing car which already had finance to be paid off and a new finance to be taken out.

 

He goes out to the part ex...

does an assessment of the body and mileage.

Doesn't start the car.

 

Comes in asks me if I have history.

Yes I do and I've only had the car for 6 months as it's a two seater and life has since changed and need 4 seats.

 

We do a deal re money and he give me an order form that he says in must sign to order the car with lots of t and c that he doesn't explain.

Apparently one is that my car is sound.

Takes sizeable deposit of £1800 which I paid on credit card.

 

One weekend later,

I go to pick up car - am due some money from existing finance and this will alter previous paperwork which will be sent to me on Monday

- guy goes to car and again logs mileage,

doesn't even pop the bonnet, inspects bodywork.

Comes in, completes paperwork and away I go in new car.

 

I get half an hour away and I receive a call saying that dealer needs me to make payment for problem with part ex car at around £2k

- what problem?

I'm now in a panic as absolutely don't know what he is talking about.

 

Something with the steering being a problem.

Still actually don't understand.

 

I explain that I don't understand and he says that I have stated the car is mechanically sound on paperwork and that I must pay.

It is sound to my knowledge says I.

 

He send me a video.

I explain I have never seen car do this fault

- I drove it 50 miles to garage and no problems.

(For reader - genuinely I have not seen this problem in six months of having the car!)

 

I tell him I'm shocked and driving on loudspeaker on m25 .

Could we speak Monday and I might ask to have it independently looked at.

He says he'll get a tech to put it on ramp and speak Monday.

 

Received a call today

- he is saying it has an undeclared issue.

Something about it being banged at some point

- which never happened on my watch.

 

To make this fault happen - he has put my old car in drive, and full licked the wheel standing still.

 

He has my money from the finance refund on part ex and also my deposit refund hasn't been processed.

 

I've asked for a tech report and a list of what he claims is wrong and was very clear that I would like to seek advice before discussing as I know nothing about cars.

 

Where do I stand?

Please help as I really haven't ever had anything like this. I don't know if they are taking advantage because I am clearly not informed about cars.

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tough on him

buyer beware reigns

 

I think hes trying to spoof you personally

 

don't think legally he has a leg to stand on.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Although combined with the fact he has over £2k of my money its problematic.

 

Note - some of its on my credit card and some of it the dealer has from payout of my past finance.

 

Clearly I also want my money back...

 

Are these seperate issues? Can I demand my money back ... or do I dispute the cc charge and sing for the rest?

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It may be worth your while to have one of those "first session free" deals if there is a local lawyer who offers this.

My first reaction about what you signed is that it is not valid by virtue of the fact that you have neither qualifications or experience to know faults on a car unless they are staring you in the face.

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put simply,

he is the professional and it is down to him to show "due diligence" when inspecting your car.

What he is trying to do is find some method of paying you less by making up a story to hang on to money he owes you.

 

I am not being rude but your grammar on your posting suggests to me that english is not your native tongue

and I would reckon that he is taking advantage of your possible ignorance on this matter to bully you nto accepting a worse deal than already agreed.

 

You should stop trying to be helpful to this man and put it in writing that you have a contract that you are sticking to

and that if he breaks it then you are entitled to sue him for damages.

 

 

Let the finance co know that there is a problem with your purchase as you may be having that agreement terminated and have to start again if the garage has misled the finance co.

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Ha! I'm English. No offence taken. Hahaha

I asked for details to be emailed to me - tech reports and whatever complete with cost breakdown so that I could take advice.

 

Not heard back! Spoke to a another dealer yesterday who said that due diligence and buyer beware Rule. Plus ... it doesn't matter what I sign - I'm not qualified to know and they are.

 

I will be calling them today to request my refund that was due on saturday. And if I'm not successful they will find themselves with a chargeback and a seven day notice demanding they credit my account with my finance balance.

 

Thanks for the help people!

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