Dealer is now harassing me for the vehicles document reference number so he can tax it.. .he's not due up until Sunday and I have repeatedly told him I am not at home just now to give him it as I currently have other issues to deal with just now! I have told him that could be done when he gets here but he just won't listen! Plus I refuse to give him the number until the vehicle has been transferred which I can do online in a matter of minutes, same as taxing it can also be done in a matter of minutes

I'm not overly happy but it means one area of stress from my life is over! I would have been putting a case to ADR had he not agreed to the £1775 on the principle of getting my full coats recovered. He has become particularly chatty now and is asking me to do this and that eg write a receipt/take pictures of the car/asking if it starts and drives (I've never once driven it) , be available on the dates and times he is booking to come up, I explained I had a lot going on this coming week and can't do much about that and considering I have been seeking a refund since the 28th of August I offered the following weekend which would be better all round, he said he is coming on Sunday, still not ideal but I could be around at some stage. I agree maybe buying closer to home is a better case, however many people do buy from down south up here, the car i drive now I bought in Peterborough, I did pick it up after travelling down there because I didn't have so many commitments back then and it has been a great car, the problem is more to do with dodgy car dealers who lie inherently about a vehicle in the advert and don't provide you with the things they're supposed to. I would take a picture however the car is at my dad's and it's not visible in pictures just how bad it is, otherwise I wouldn't have bought it in the first place!

https://www.tradingstandards.uk/commercial-services/adr-approved-bodies/consumer-arbitration They have other sectors they cover.

https://consumerarbitration.co.uk He has finally accepted my £1775 to collect the car next Sunday, if for whatever reason he refuses to take it when he gets here (I doubt very much) but on the unlikely chance he does it will proceed through the above company. Will keep updated

Consumer arbitration

As far as I am led to believe arbitration is binding.

Update : final chance to the dealer to accept £1775 to end this debacle now or if he refuses I am about to proceed through to consumer arbitration service, To be honest I was ready to just proceed with the arbitration, however my dad pointed out this could well not be decided until after Christmas and in all honesty I just want it to end now, I notified him I need a response today and that as well as a civil element there is also a criminal element to this case and if it goes to ADR he is likely to have to fork out significantly more than the £1775. He has read the email however as yet has not responded, so if he does not respond by 3.30pm today I will start proceeding through ADR.

I will email dx100uk 's suggestion in the morning, I completely expect to be ignored but I shall inform TS and advice Direct of the correspondence between myself and the dealer over the last couple of days.

Very true! But unfortunately for him I'm a bit like a bowel movement that won't flush!

Could I pm you a copy of today's correspondence with the dealer dx100uk? I'm not sure he would respond to the suggestion you have just put forth, although I do agree it is a good one...

many thanks for your response, to be honest I think I have given him enough time, he says he has always been willing to resolve however the offers of a refund haven't come before the last 48 hours, so I presume either TS have been on to him or he knows I mean business about my rights as a consumer and won't just roll over and go away. I can't see ADR not going in my favour to be honest so I think that might be the next step in all honesty because I'm all bit annoyed at being more than 400 out of pocket if I do go for £1775 and that was me being generous and trying to meet him half way on his deduction of 150 from the cost of the car... now he's saying it will take him 3/4 days to collect the car and get it back because of his health which is totally irrelevant, as it was seemingly perfectly fine when he sold me the car.

Yes, I did write before I offered to accept £1775 without prejudice, I'm presuming I can withdraw the offer of settlement if he does not agree to be let off so lightly, see further up for my correspondence today from TS, not only had he committed a crime by omitting required pre contract information, the dealer told me in an earlier email he had no idea of the legislation etc. I pretty much answered that it wasn't my problem he didn't know, and as a trader he should be well aware of any and all legislation. Pretty fed up with the whole situation at the moment to be honest, I can pm the email received by the trader for more insight of what I'm dealing with.

Ok, he will not budge and is refusing the £1775 offer to settle which to be honest in my opinion is more than generous. If I agree to the 1700 I'm losing out on over £500 on the car plus original delivery cost, so I think I may put this through ADR.

I think he knew long before now, however has let it drag on for weeks unnecessarily...

Email back from TS this afternoon as follows: RE: Deleted advert To: Thu 01/10/2020 14:24 Hi *****, The civil side of your complaint and the criminal side are two different things. The criminal side is both the lack of pre-contract information provided (including no cancelation rights), stating in the advert that the car was in good condition when it wasn’t and claiming it was sold for spares. This has been dealt with and Birmingham Trading Standards have been made aware of this. The civil side, for you to reject it and claim your money back, is that it was misdescribed, i.e. advertised that it was in good condition when it wasn’t. Also, as you bought it online, you are entitled to return it even if it had been as described as you have cancelation rights which extend to 12 months and 14 days because you weren’t given a notice of these rights prior to buying it. Citizens Advice would be the best people to advise you about taking a simple procedure (small claim) against the trader at Aberdeen Sheriff Court. The invoice clearly states it is a Trade Sale which certainly indicates to me it is one that would be used for a trade to trade sale, not a sale to a consumer. Regards in other correspondence from the dealer today, he expects me to be 'reasonable' because he has to travel 400 odd miles to collect the car and accept 150 off the refund to cover his travel costs which apparently will take 3 days (?!) for the sake of my sanity and putting a line under the entire debacle, I emailed back without prejudice that I would be willing to accept £1775 and that the money would have to be in my bank account before it left my father's driveway. I also reminded him should it end up in ADR or court he'd be liable for the refund the original cost of delivery I paid and also he would still be liable for the full cost of the return to Birmingham. I'd say £1775 is letting him off lightly.

Like I said earlier, it matters not if it's a toaster, a woolly hat or a car, all information must be given prior to the contract

I suppose he could say he did, until the cows came home, however, he would need to prove it. Because he didn't, he cannot prove anything. I reference to the 3rd party signing on my behalf which I had no knowledge of until seeing the invoice, I'm not sure that would hold up if it went through mediation because it wasn't him purchasing the vehicle he was only collecting it. However I could be wrong as I can't seem to find much pertaining this.

https://www.mylawyer.co.uk/regulatory-requirements-for-consumer-contracts-a-A76062D77397/ The above and the appendages within it highlight the issues and also state quite clearly that the vendor is 100% liable for the cost of the return.

Manxman, Again thank you for your thorough response. I believe the MOT issue as the most recent one shows the mileage history for the MM03 CME original plates, then it's more something relating to the private plates being on a different car with the higher mileage. It still doesn't really explain why then the mot expired on the 2nd of July and on the same day the original plates passed and was actually extended to January 2021 with the whole ongoing situation and mot's being extended by 6 months. I'm certain that should have meant the original plates should have been on the car since July 19, why the private plates are still on the car remains a complete mystery. I was told that ADR would be arbitration and that any decision made would be indeed binding, I'm not sure who would do it as I hadn't reached that stage, all I know is they are completely impartial to both parties. the distance selling regs are the same whether someone is selling a toaster or a car, and because the required information was not given to me pre contract then the extension does indeed apply in this case. Bank fodder suggested I send the car back and then claim for those charges, but as I am not required to do so, I haven't. I have however made the vehicle available for collection at any time.

Noted! Hopefully there won't have to be another time though! I did respond to the email, I just said that he cannot deduct any costs incurred for collecting / picking up the vehicle and if it heads down the route of ADR which is a total new concept of me having any involvement with, that he would have to pay a refund/the cost of the car and the cost associated with the collection of the vehicle. Upon further checking the legislation because he gave me no cancellation rights prior to the contract starting he is indeed guilty of an offence, which is the likelihood of what trading standards are dealing with in regards to his local TS contacting him.

I think you mean because he supplied no cancellation information prior to the contract that automatically negates me having to pay / or be charged from the balance of the car any costs associated with the return, he also has to refund me the cost of delivery, however I am actually willing (maybe) to let that one go upon receipt of a refund. This situation has already been the source of great stress

Now the dealer is saying he is happy to go through adr...I presume now that the final letter before action was sent last week this is now too late? Otherwise he is saying if he collects the car he will charge me for the cost of it, or he will offer me £300 goodwill gesture towards the issues with the car. the new email Please note - without prejudice I am happy for you to enter ADR. • •• I reiterate i have NOT refused to discuss or resolve this, Here are proposals - Option 1 - As you were the person responsible for organising the collection of the car & NOT US, please bring it back to us & i will issue a full refund of £ 1850 into your account upon receiving the car back in Birmingham Option 2 I am happy to give you a good will gesture of £300 towards the cost of the car to resolve any outstanding issues you deem fit. Option 3 I can collect the car from Aberdeen, but again as you had originally arranged to pick it up, the cost of this would be deducted of the price of £1850. Option 4 - You refuse these options, we go down the ADR ROUTE, failing this it ends up in court. I then attend the court session and we have an opportunity to put our cases in front of the judge. I will leave it to you now as i have made my position quite clear & just to confirm i am happy for ADR. Regards email from trader 29-09-2020.pdf

Those plates are still on the vehicle he put the original plates in the boot, which is MM03 CME. I am the current registered keeper in possession of the v5. Yes under distance sale regs with advice direct, as I have mentioned previously I notified the dealer in wished to cancel within the 14 day period and no reason was required to be given under those circumstances, obviously extended to 12 months and 14 days because of the lack of pre contract information given before commencing the contract. Hope this helps

I have responded asking what the criminal side would be, whether it was no pre contract information given, or the spares etc being written on the invoice, or if indeed because it was on a 'trade sale' invoice... Legislation says if certain pre contract information is not given prior to a contract being made then that is a criminal offence, so I would presume it could be that.

Just had an email from TS " Good morning *****, I did contact Birmingham about the trader and they do not get involved with civil cases, so I would suggest you to continue with Advice Direct Scotland’s advice. We will be sending the trader a warning regarding the criminal side of the matter. Regards