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HubrisAlight

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About HubrisAlight

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  1. I have attached my final draft and will be sending it via email and recorded delivery later today, unless any members notice anything/anything missing or have suggestions. It is more or less the same as the first draft , some small changes to wording have been made plus some other amendments that were suggested by @BankFodder. Updated Letter of Claim - PDF.pdf
  2. I have a 'Used vehicle order' document dated July 2007 that refers to the car being sold with . I also received the V5C Registration documents that states: 'No. of former keepers 5'. As I referenced in my original post this does not necessarily mean the car has had 5 former owners as the definition of owner and vehicle are not interchangeable, somebody messing up their details on a form or putting their car in a spouse's name could create a new owner in the DVLA system. The way I see it, the car may have had 2 previous owners or it may have had 5. To my knowledge I have no way of knowing. My understanding is that the car was purchased by the owner previous to me in 2007 before being sold/traded in to a BMW garage late in October this year, before Autopoint purchased the car from them. I was told by Ross that the bulk of their cars are sourced from a BMW dealership in the North-East. I would imagine it's the vehicles that are not good enough or not fitting with the stock profile of a main BMW dealer. The car does not have a 'bad' history, but it was clearly listed as one owner and that is definitely not the case. Legally I don't know what means as it would not affect the vehicles value much, it did however affect my decision to purchase the car. This concerns me also as I would imagine they will want to inspect and drive the vehicle. The car has not been damaged/altered in anyway whatsoever but I suppose they would want to drive the car in order to see that it is in the same running condition as it was when I took delivery.
  3. Thank you very much for the suggested edits, I will be using all of them and sending the email and recorded letter tomorrow. I will post up a final draft later, it will definitely be posted here tomorrow morning. I have a 'Used vehicle order' document dated July 2007 that refers to the car being sold by a dealership, the car was first registered in 2004 . I also received the V5C Registration documents that states: 'No. of former keepers 5'. As I referenced in my original post this does not necessarily mean the car has had 5 former owners as the definition of owner and vehicle are not interchangeable, somebody messing up their details on a form or putting their car in a spouse's name could create a new owner in the DVLA system. The way I see it, the car may have had two previous owners or it may have had five. To my knowledge I have no way of checking this in more detail. My understanding is that the car was purchased by the owner previous to me in 2007 before being sold/traded in to a BMW garage late in October this year, before Autopoint purchased the car from them. I was told by Ross that the bulk of their cars are sourced from a BMW dealership in the North-East. I would imagine it's the vehicles that are not good enough or not fitting with the stock profile of a main BMW dealer. The car does not have a 'bad' history, but it was clearly listed as one owner and that is definitely not the case. Legally I don't know what means as it would not affect the vehicles value much, it did however affect my decision to purchase the car. This concerns me also as I would imagine they would want to inspect and drive the vehicle. The car has not been damaged/altered in anyway whatsoever but I suppose they would want to drive the car in order to see that it is in the same running condition as it was when I took delivery. I am extremely wary of them trying to take possession of the vehicle before refunding me and will proceed accordingly.
  4. OK. I have all evening free and will be ready to make any changes and get it sent off. Thank you.
  5. I have attached my draft letter of claim and have a couple of questions: 1. I am uncertain as to how much I should be claiming for. I obviously want a full refund but have also incurred costs in insurance, tax, road cover and correcting the cars oil level in order to prevent damage to it. I don't really care about those costs too much as I feel they pale in comparison to what I may be in for if I keep the car, as you know I have no faith in Autopoint and vehicle they have supplied to me. Do you think adding costs on top of the purchase price would affect the likelihood that this goes to court? 2. From the legal advice I have received it would seem that Autopoint have breached the Consumer Protection from Unfair Trading Regulations 2008. Should I be citing this and the Consumer Rights Act 2015 contravention within the letter of claim. I understand that the wording of the letter of claim can be very important if things were to proceed to the court system so I am concerned about this stage. Many thanks Letter of claim - redacted PDF.pdf
  6. I will send via recorded delivery and email at roughly 5PM tomorrow when I finish work.
  7. Hello, thanks for posting. 1. I received a single A4 document titled 'Vehicle Sales Invoice'. I signed a duplicate of the same document so Autopoint have one and I have one. There is no reference to a trade sale. 2. I will PM you and BankFodder now/. 3. The email I received was sent as a reply to the rejection letter that I emailed to Autopoint. There is no disclaimer, only the standard footer/email signature with the Autopoint name and contact details shown.
  8. @honeybee13 Yes, it would appear they are one and the same. Brad was the salesperson I dealt with on the day of the purchase and I believe he is the primary salesperson there. He is one of two people from Autopoint I have spoken to since, the other being another salesperson. It was an extremely strange experience dealing with this company at the point of sale. Upon returning from a test drive of the vehicle, Brad came straight out and asked me what I thought of the car. I had barely given him a response before he said, 'I don't want you to make a decision today'. Myself and the family member accompanying me were both a little taken aback by this as it is the last thing you expect to hear from any salesperson. I went to sit in the car we had travelled to Autopoint in order to discuss with my family member regarding the purchase and also try and get the AA or RAC to come and inspect the vehicle for any defects. I was unable to get someone to perform an inspection on such short notice but decided to continue with the purchase regardless. I walked back into the Autopoint premises to be greeted by Brad who immediately stated that he had gotten word from his boss that the car was now no longer for sale. While sitting in our own vehicle and discussing/thinking about the purchase, I had performed one final Autotrader search for the same model car I was about to purchase; I had been searching for some months for a car in similar spec to the one I was about to purchase and had performed Autotrader searches on a literally daily basis during that time, it would not hurt to do one more search in case there was another one that I just had to go and see. Upon performing this search I found that the car I was about to purchase had risen in price from £3250 to £3750. I have screenshots of the advert with both prices displayed, taking the £3750 screenshot upon realising that something underhanded might have been going on. Brad tried to tell us that the car now needed an inspection before it was fit for sale. I questioned why the car was listed for sale on two websites and why I had travelled a considerable distance to view and test drive a car that Autopoint did not intend to sell. I had asked Brad earlier if anyone else was interested in car. He advised me that yes there were four people interested, obviously I have no idea if this was the truth. In any event it seems that someone within Autopoint recognised that the car was selling for a relatively low price compared to other similiar models that were for sale/have been sold online. The family member I was with became a little exasperated and mentioned complaining about this to regulatory bodies. We had both recognised that Autopoint was trying to hold on to the car in order to sell it at a higher price. Brad made a couple of phone calls to someone he repeatedly referred to as his boss and came back to us with the same nonsensical excuse. After some discussion and back and forth with Brad, Ross appeared and sat in the adjacent office. Brad advised us that he wanted to speak to 'his colleague' and left to go and discuss the matter with Ross. Ross then entered the room we had been waiting in and identified himself as 'senior to Brad, I'm the buyer of the vehicles'. At no point did he identify himself as Brad's boss, a manager, a director or indeed the owner. Ross tried to sweet talk around the fact that he and his salesperson had just tried to stop the sale in order to make a larger profit, claiming it was just a misunderstanding. I made a big mistake in giving my business to people who had just been so deceptive, however the cars claimed history (now shown to be false) and general condition made me want it anyway, lesson learnt... Ross finally returned after conferring with Brad a couple of times and asked if I would be willing to make a full payment on the day, again I should have found this suspicious as the usual process as far as I know is to put a deposit down and the rest to paid on receipt of the car. He seemed suprised when I replied that I would be able to do so. My family member later asked why full payment was being asked for and Ross replied with something along the lines of, 'It's so we have no excuse to not sell the car', giving the appearance that he had to justify selling the car at the lower price to some higher authority/someone higher up than he was. Idiotically and against my instincts I made the full bank transfer there and then, my older family member pushing me to do so. The thought of a good deal and my dream car clouded my judgement in dealing with these people. It should not have surprised me that the car was mis-sold and so poorly prepared. I suppose when it comes to greed nothing should suprise. I have been advised by Brad that Ross does come to the dealership but is not based there as he moves around his different business locations Sorry for the long post.
  9. I received this email earlier today, it's the first and only response I have received in the 19 days spent trying to speak to someone in an after-sales capacity at Autopoint. I have followed the company via the companieshouse website and am already familiarising myself with the county court claims procedure. I will absolutely be taking this through the county court system in the event it cannot be dealt with in a more civil matter. Thanks to everyone who has responded for all of the research and advice. I have saved everything. I have organised and backed up the screenshots and saved webpages of the advertisements that incorrectly advertised the car, the sales documentation that definitively show the car was previously sold as a used car and am archiving all communication records including telephone logs that show just how many times I have called in the hope of speaking to someone in aftersales. I will post and let you know as things progress. Apologies for not posting as expected last night.
  10. I have attached the rejection letter, it has been sent via recorded delivery and email. I will make a proper response in the thread later on this evening when I get a chance to fully read and reply, apologies. Autopoint rejection letter and email.pdf
  11. I have already contacted the citizens advice bureau yesterday. I will post further when I return home in a couple of hours...
  12. It seems that I have no choice but to go through the county court system as Autopoint are thus far totally refusing to engage with me.
  13. This is the correct company, I have just checked the sales invoice and the Company number is printed on it.
  14. A very quick update: The dealership is Autopoint York. I have tried once again to discuss this with the dealership only to be told that the relevant person, the owner Ross Alexander, was unavailable. It has now been 17 days since I first called and asked to speak to someone regarding the issues with the car, only to be told the relevant person is unavailable every single time. I have emailed multiple times to try and get a response. I have asked to be called/emailed and have received absolutely nothing, just that is has been passed on to the owner. On a number of occasions I have been told to expect a call or email but have got nothing. The only people I have spoken to at the dealership have identified themselves as a salespeople and advised they were unable to help. I have sent an email and a recorded letter to Autopoint advising them that I am rejecting the car and demanding a full refund as per the Consumer Rights Act 2015, requesting a reponse within 7 days.
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