About to battle a car dealer Help!!

[sailor sam]

You could now say that since excepting the dealer's 'offer', other faults have come to light so your position has changed and would now like to formally reject the car unless the other faults are dealt with as well. Run it by your solicitor first.

 

__________________

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my scales at the bottom of my profile window on the left if you found my advice usefull.

[weelieboots]

Well that is the intention and i have cleared this with trading standards aa being allowed. Had to take it to the garage yesterday as its now drinking about 5 litres of oil a month!! Also, i contacted the previous owner and she has confirmed that the car had a considerable smash but was uncategorised. Both airbags went off, seat belts needed replacing, bumper and wings damaged. She tried to fix it but had constant problems inc engine trouble and clutch going so sold it on to a company.

 

The dealer says im trying to shaft him now and thinks he can buy the car back at current market value. Im looking for a full refund now obviously minus depreciation of the mileage i have done etc. If the car cost £2495, What is a reasonable figure to ask for?

 

Also, would SOGA still not apply as its six months on 26th July?

[Conniff]

Also, would SOGA still not apply as its six months on 26th July?

 

During the first six months after purchase any faults are assumed to have been there at the time of sale.

[sailor sam]

The dealer says im trying to shaft him now and thinks he can buy the car back at current market value. Im looking for a full refund now obviously minus depreciation of the mileage i have done etc. If the car cost £2495, What is a reasonable figure to ask for?

 

Also, would SOGA still not apply as its six months on 26th July?

 

You also need to consider the hassle/inconvienience to your self so when making the calculation. After considering that, you need to check the forecourt price at the point of sale and compare it to what it is now.

 

Sorry, I miss-calculated the dates!

 

__________________

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my scales at the bottom of my profile window on the left if you found my advice usefull.

[weelieboots]

Dealer has just contacted me to say that he wants to get the car checked by an independent garage of his choice. Im not sure about this - is he allowed to do that? I may suggest the AA or RAC to check it so that he doesnt know the garage checking it. An issue with this also is that once again the car is going to be out of my hands leaving me with no transport and that it sees to be wasting yet more time.

 

 

I think in terms of a depreciation deal he means he will take away the value. Im happy for £100 or so to be taken off for mileage and not to add on my costs but if things get messy I will not hesitate adding on all costs.

[flub1976]

He is entitled to assess the condition of the vehicle. He will be able to claim some useage of vehicle by yourself. You will also be able to claim costs as he has made you incur them to ensure your rights.

 

Make sure you get something in writing from previous owner. you circumstance is quite complicated makes sure you have everything down in writing including dates cost etc.

[weelieboots]

I have everything in writing. Trading standards have said that there isnt much point in getting the car checked esp when the dealer is going on about condition and age when I have proof from the previous owner that its been in an accident meaning it will be not in the correct condition for its age.

 

Im still willing to go ahead with his check but he is insisting that I get it to the garage he chooses despite me saying that I need the car to get to work and cant get there without it. I also cannot take any more time off - Im a teacher and ive already lost 4 days with my car.

[sailor sam]

If you intend to reject the car, you should'nt use it anyway. Personally I think that will be your ultimate option in this.

 

__________________

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my scales at the bottom of my profile window on the left if you found my advice usefull.

[weelieboots]

Ok I am now looking at finally rejecting the car.

 

However, in order to do so, I am going to have to re tax and change insurance onto my partners BMW. This means a price increase in insurance of £130 and tax of £112. I also have a full tank of full in the Ibiza. Can I claim these expenses?

 

I am currently drawing up a letter to give 7 days notice to get the car inspected and a deal done. I intend to reject the car in the next couple of days as long as I know I am not going to be out even more out of pocket.

 

Consumer direct have now passed the case to trading standards so I getting somewhere there too.

[weelieboots]

Update - again. Sent the dealer a letter stating that I am rejecting the car and to arrange a day to leave it off. At first he said it wasnt an option but now he has given me dates but says that I have chosen to ignore his help to get the car looked at. I am concerned that this will go against me if having to go to court as he sees this as him trying to solve the issues but he has not agreed to help yet and simply wants an inspection.

 

I followed Trading standards advice and I am rejecting the car to seek a refund. The other reason I have taken this more severe step is that even though he has suggested a solution of getting the car looked at, this is in his terms and I struggle to get the car to him. I decided that if I have to do this also as even if I leave the car down to be inspected, I would have to tax and insure another vehicle so it makes more sense to fully reject the car anyway.

 

Does this make sense and do you think the dealer has comeback in having suggested and inspection and I have by passed this to a rejection? (the car still will be inspected by him but I now do not want it back)

[sailor sam]

I can't see how you have 'chosen to ignore his help'. Your claim (should it be necessary) will be based on the fact that the car was knowingly sold to you with a broken coil spring and as such would not have pased an MOT. You may also add that the seller has failed to arrange a satisfactory repair unitll threatening legal action. And that other faults have come to light in addition to the original faults (inc A/C, airbag light ect).

 

In view of these facts, you have no confidence in the seller or his abillity to make good the car which gives you no option but to reject it.

 

A word of warning; by un-insuring it, you run the risk of being liable for any loss or damage to it while it is still in your posession untill such time the seller recovers it from you. As far as the full tank of fuel is concerned, cannot you pump it out?

 

__________________

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my scales at the bottom of my profile window on the left if you found my advice usefull.

[weelieboots]

Ok cheers for that. I am leaving the car with him on the way back from work tomorrow or tues. I will then get a lift home then switch the insurance so the car will be insured until it leaves my hands.

 

Lets hope things go well now!!

[weelieboots]

ok, so contacted the dealer to say that I am rejecting the car tomorrow and wanted to check that he would be there when I handed over the keys.

 

He says he wont be there so to just leave the car at the garage to be inspected. Turns out this is the same garage that he uses all the time and I took it to twice when I first had head gasket problems which he failed to diagnose and simply sent me away with an EMC light still on! HE also was the garage that when I had asked for it to be looked over (when fixing the coil spring), had said the car was fine. Whats my standing on letting a garage who has previously shown itself to be unreliable and closely associated with the dealer, inspect the car.

 

The dealer has also said that they will inspect it then it will be ready for my collection (even though he has clearly been told that I am rejecting it) UNLESS there are things to fix which will then take longer. I do not want them to start fixing faults as they have already had chances to do so. I want to seek a full refund for the car now due to the fact that damage done to the car that cannot be repaired, means that I take a considerable loss in value as well as the costs I have already encountered AND due to the fact that he has lied and deceived me since the day of the sale.

[sailor sam]

I assume you made this clear in the letter you sent him. Did you also mention a time scale of giving you your refund? You will also need to take the reg doc with you (V5) and give them the 'new keeper' part.

 

__________________

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my scales at the bottom of my profile window on the left if you found my advice usefull.

[weelieboots]

I made it very clear and he even replied saying that if that was the route I wished to go then he cannot stop me. He completely seems to have gone back on this now.

 

Didnt know that about the V5. Thank you. He still has until Friday before I take any action.

[weelieboots]

I need to get this whole case clear in my head so that I can get it to court asap if the inspection doesnt bring results So, in short, I got a car on 27/01/10, had non stop issues with it including head gasket blown, tensioners, leaking oil, revs too high. I contacted the dealer 2/3 days after the issue to say that it was not working and he suggested I go to his mechanic. I did this twice and he turned off the EMC then changed spark plugs. After a month of issues, I got the head gasket diagnosed and fixed at my own garage then only after threatening legal action, the dealer gave me the money back. I then went to trade in the car and was told that it had been in an accident, had new wings, bumper, airbags had gone off and new seatbelts. The previous owner confirmed this after contacting her. I continued to have probelms and approached the dealer again for a refund under SOGA as it was not as described (in ad which I have it said air conditioning, airbags and part exchange bargain - it has none of these and bought at auction according to HPI) nor is it fit for purpose. It is currently being inspected by the dealer to do a report but do I have a reason to pursue a claim? And what is the claim I am making?

 

Can I do it for the accident or is it the faults or even the ad not as described?

[weelieboots]

Hi all again!!

 

Went to see the dealer today and hoped to get the report. He says its not ready and if I want it I would have to sign a document saying I wont pursue things further. I have refused.

 

He said no faults were found - the oil isnt leaking or burning (even though I know how much I have had to put in), the wings and bumper are all original but have been filled, he has admitted that the air con is missing a pipe but says anything else brought up is minor.

I have spoken to Consumer Direct this afternoon and they have just told me that if there was air conditioning in the car, I cannot claim it wasnt as described.

 

The dealer was quite threatening and said he would wipe the floor with me if it went to court. He said he would add all his solicitors costs and I didnt have a chance of winning. He claims he has spoken directly to Trading Standards even though consumer direct said all calls come to them first so its not possible. They have told him that the accident is irrelevant, that he sold the car at a good price and because it was used, its expected to have issues. They also said that being quoted £1400 for a trade in with dealers was a correct price for my car.

 

I really do not know what to do now. Im starting to wonder what case I have but feel useless without the report. At the same time I feel like someone is trying to pull the wool over my eyes. Consumer Direct have recommended getting the results in writing then getting back to them. Its all taking so long and making no progress, Im thinking of just selling up. Any ideas?

[sailor sam]

You say the previouis owner confirmed the accident damage. Can you get her to put this in writing to you in the form of a statement? do you know where the car is being inspected? If yes, have you contacted them directly? As for the aircon, in my opinion consumer direct are wrong. If it was advertised as having aircon then surely it should be working? Otherwise they could advertise it as having all sorts of gadgets which don't work. Sorry, that aint right.

 

If you can get something from the previous owner (keeping it quiet from the seller), then you should have sufficient evidence.

 

__________________

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my scales at the bottom of my profile window on the left if you found my advice usefull.

[weelieboots]

Dealer told me that trading standards had told him that anything from a previous owner would be hearsay and thrown out in court.

 

The inspection was done by the garage that the dealer uses for repairs. He wont let anything go when I asked and I had also questioned whether he could do that as it may have been biased but consumer direct said he could.

[sailor sam]

Dealer told me that trading standards had told him that anything from a previous owner would be hearsay and thrown out in court.

 

The inspection was done by the garage that the dealer uses for repairs. He wont let anything go when I asked and I had also questioned whether he could do that as it may have been biased but consumer direct said he could.

 

Rubbish. Only a judge can decide what gets thrown out in court. If the previous owner makes a statement (or better still is willing to attend court), that will be considered by the judge as evidence. Have you asked trading standards yourself?

 

__________________

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my scales at the bottom of my profile window on the left if you found my advice usefull.

[Conniff]

got a call the next day and he offered me the costs of all my repairs. I accepted this and was happy.

 

What exactly, and I mean 'exactly' did it say on any paperwork you were given or signed when you accepted these repair costs?

[Conniff]

He sold it to me under a trade sale

 

He says its not ready and if I want it I would have to sign a document saying I wont pursue things further.

 

First quote he did not sell it to you under a trade sale, you are a consumer and not a trader.

Second quote he is attempting to reduce or take away your consumer rights.

 

In both instances he is trying to take away your consumer rights. It is a criminal offence to attempt to take away or reduce a consumers rights given under statute.

[weelieboots]

There was no paperwork for the money given for the repairs. Just a cheque. He admitted today that he made a mistake in doing this.

 

I know he has taken away my rights but trying to push further is proving impossible. I have got as far as consumer direct and they are now telling me for him to give me a formal letter explaining the results of the inspection and his verdict. They will not do anything else, even answer about evidence until then. They may then consider trading standards.

[Conniff]

He hasn't taken away your rights.

 

Your rights cannot be taken away, even if you signed a piece of paper that said you agree you have no rights or further recourse, it is meaningless and a criminal offence to try.

 

I was hopeing he had said something like that then it would really have been easy.

 

So how much do you consider he now owes you?

[weelieboots]

If I add the car to costs its about £3295 and thats not including days off work, insuring and taxing another car,etc but Im still happy to settle for a refund of the car. He isnt budging though so need something very good to get him with