Ok, 1st post on here so bare with me....
Bought a car in mid Feb this year for 3.5k, 6weeks later an engine mount fails and the dealer tries to fob off with "I'll get it fixed for you at trade cost". I use my right to reject and compose a letter to demand it repaired under the CRA.
At this point I find out that the dealer xxx motor company, is actually xxxx body repairs (I won't name and shame as we are still in dispute). The sales invoice hadn't included this info and I wasn't made aware at time of sale.
If I'd known I was buying from a body repair shop I wouldn't have bought the vehicle. The company director is also his wife, but under her maiden name on companies house. So it took me a bit of FB stalking and 2hrs searching on companies house to even be sure who to reject the vehicle to.
I get no responce, so compose another letter, giving more detail on the fault and why I'm rejecting. Then get a letter back from "law firm". Basically saying it's an old car so it'll break down, deal with it. I reply with chapter and verse, an mention that their 'member' did not disclose who they are on the sales receipt along with a request to confirm the milage at time of sale as my invoice says exactly 75,000. So in the eyes of the law I had completed only 150miles.balso for copies of a service check on the vehicle and or pdi as I have no copies given to me at time of sale.
They come back two weeks later with, yes the dealer rounded up the milage on the sales receipt! (illegal) And have included a copy of a pdi and service. Turns out the service check was completed after I'd laid down my deposit and taken for a test drive (also illegal) . So he had no idea the condition of the vehicle when he put it on the forecourt, I took a testdrive in what could have been a death trap.
At this point Ive already contacted the back for a chargeback. Which has gone into my bank account, but he can still dispute in the next 6 weeks. I've responded to "law firm" with your member has committed a criminal offence(s) and I'll take it to small claims if he tries to refute the chargeback.
Due to the severity of the above and flat refusal of liability on the dealers part I've also reported direct to the local trading standards with the above info and evidence to back it up.
Now I'm happy to take home to scc if required as I'm 100% I'd get cost of the car back just on the mis selling of the vehicle under the wrong trading name. However, how likely are trading standards to take action and if so how do I find out if they have?
He's basically only checking cars after they are sold (if at all as service check sheet could have been completed at any point in the last 4 months), and is pretending his main trade is a car dealership rather than a body repair shop. He could potentially be taking vehicles that have come through the body repair shop, offering customers a part ex and doing a quick fix to what could be prang on a vehicle and then selling on for big profit through the sales site (what I suspect with my car due to the type of fail and his reaction on the phone).
Oh and here is the crux, he also didn't include Ltd on the sales invoice (or any other documents) so he or his wife could be personally liable rather that the Ltd company she is director of (there is a case law which proves this).
If I do have to take to scc - who do I serve against? The Ltd Co. He who sold the car and signed the invoice or her who is sole director of the Ltd company?
This could end up losing him his marriage as well as business.