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Sold a dud car, retailer refuses to refund, what can we do?


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Hi every one , sorry to not introduce myself properly before asking for advice but as im sure youll understand im really stressed at the moment and im finding it hard to think of much else.

 

On the 13th of this month we found a car we liked, it was at the Yate clean van and car centre ltd in yate/bristol. I did the usual and haggled on the price he stated " if i knock it down £445 then you wont get a warranty. I said ti was fine as my uncle is a mechanic ( he is but i dont see him , id used this phrase to avoid the hard sell on the warranty) he stated well thats ok then , i just dont want you coming back saying the cars blown up down the line because youve not brought a warranty. - i took this as him trying it on to get me to buy the warranty and as he laughed i laughed too.

We paid our £500 deposit and i returned on the friday 15th to pay in full and take the car home. on the way home we found the gears were starting to stick and were really hard to use. we also could hear a really odd sound from the car , it sounded similar to that of a milk float being driven along a very electric sound. We were a little concerned but had thought we'd get it looked at after the weekend and just checked as i had dental surgery booked for the following day so would be unable to do anything then.

On Sunday i decided to take it out for a drive and see what i could find with the car and i started it up put it into reverse which seemed to go in relatively easily ( i did need to pump the clutch a little ) but then when id finished going back and went to put it in to 1st gear it froze and locked and i was stuck , i tried everything even turning off the engine , it was stuck in reverse. my husband managed woth lots of fiddling to get it out of reverse and into 1st to get it on he drive i called the RAC out and they test drove it as well as they cold h got to the end of the road before it was locking up and he had lots of trouble selecting any gear.

he wrote us a full report basically certifying the car as unroad worthy and a danger to drive.

We contacted the seller ( the dealer) and he wasnt very helpfull he started harping on about " sold as is" i presume this is his version of sold as seen. I quoted the SOGA and said we wanted to arrange for him to do the repairs as per the act. he started getting all funny with us and said he would pay half but not all of it using things like " you haggled me down £500 and now you expect me to pay for a repair, its not on , you didnt want a warranty you took it as is. "

I have spoken to consumer direct and they advised to write to the dealer and state what we want. as the dealer was so unreasonable and he statedtaling about " my mate can look at it and if you go halfs ill get it repaired" we dont trust him to get the work done at a proper garage where the work will be covered for any period of time. so we decided to opt for rejecting the car, after all we'd only driven it for just ove ran hour in total. we wrote to him detailing this , today he called in reply and we thought he was first of all agreeing to repair it at hiscost but then he called back stating we would be paying 50% again we stood our ground and said no , he then got quite nasty ad stated he is happy for us to take him to court , i asked why he wouldnt refund us , as he could do it easily and he said " no i dont want to "

My friends a solicitor so is helping me draft the letters and says she will clear it with her boss to send an official letter on our behalf should it not be resolved soon . Is there anything else we can do?

if it goes to the stage where we have to take him to the small claims court then how do we do this and does it take long?

 

We belive now thathis omment of " if it blows up dont come to me" was because he knew something was wrong with it. but hes really a nasty peice of work and today stated he will drag it all as slow as he can and dont expect to resolve it soon . his final words were " ive been in business for over 20yrs i know people like you , take me to court i will drag it out as long as possible and i hope you loose every penny"

 

has anyone else had a similar situation ? what else can we do , is going to the press and posting on every review site worth it? or is it best to hold off. i have no idea where to turn i cant afford a legal battle , we gave him every penny for he car and are now spending out on insurance for a car we cant drive :|

 

Shelly baker xx

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Hi and welcome to CAG.

 

I assume that Consumer Direct told youi that any fault which becomes apparent within the first 6 months of ownership is assumed to be present at the point of sale? Any warranty provided will not replace your statatoury rights in any event. Also it matters not that the seller reduced the price by £500 or £5000, the car still has to be fit for the purpose and of satisfactory quality.

 

Your actions should be; 1) Write to the seller informing him of the fault(s) and offer him the opportunity to rectify (he has that right under SOGA). Even if you have asked him verbally, you need to also ask in writing. 2) If he refuses or is unable to, then you can formally reject the vehicle and ask for a full refund as you have only had the car a very short while. If you do the latter, the car must not be used following rejection.

 

All correspondence must be in writing and sent by recorded delivery. If the car is subject to finance (HP agreement) then copies should also be sent to the finance co as they could also be liable.

 

If both 1 + 2 avenues become exhausted, you then send a Final letter Before Action stating that if the seller fails to deliver within a set time (normally 7 to 14 days), you will take the matter to court in which case you will be claiming all costs plus interest.

 

Please keep us up-dated and good luck.

 

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 reputation button at the bottom of my profile window on the left if you found my advice useful.

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 face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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Hi Shelly, I'm a car dealer and stories like this really annoy me - it's people like that who give the trade a bad name. I agree with the above - under the sale of goods act, vehicles, or anything else for that matter must be as described, fit for purpose and of merchantable quality. Unless it was expressly sold as scrap, or spares with a known fault, it is perfectly reasonable to expect to be able to drive it! Follow Sailor Sam's instructions, and you will get a result, as long as he's around long enough to take to court. ( It's not uncommon for people like this to close down a company and re-open under another name almost overnight, although from his website he looks a bit too well-established for that). It may also be worth bringing it to the attention of your local Trading Standards, they may be aware of him already, and can often be very useful in cases like this. Chances are he's calling your bluff when talking about court action, and will back-track very quickly when he realises you're serious.

Obviously, it's very difficult to diagnose mechanical issues on a forum, but the gearbox issue sounds very much like a linkage to me - very minor, at worst it's a clutch or master cylinder - unlikely to be a gearbox. What he's up to is trying to get you to agree to 50%, get the work done at cost, then double the bill, hence not putting his hand in his own pocket at all! Good luck, and I'm sure you'll get a result!

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  • 8 months later...

Hi Shelley,My partner bought a truck from Yate clean car and van centre, at the beginning of April, he was told the same as you, if I knock 'x' amount off you wont get a warranty.Anyhow, my partners had to get the brakes fixed as they were unsafe, the power steering failed a couple of weeks later, he's paid for them himself, as he thought well I don't have a warranty, and I need the truck for work. Last week the engine completely seized up!!!!! The garage has told him he'll need a new engine at the cost of £2000+!!! All this in around 3 months!My partner has spoken to the man at Yate clean car and van centre who - as you've already mentioned - is a nasty bit of work, he told my partner that he wasn't going to do anything about it and he actually slammed the phone down on my partner! We are now going to put everything in writing.My partner has contacted the consumer rights agency and they've told him he has a good case against Yate clean car and van centre, I was wondering if your case was ever resolved and if so how long it took?I look forward to hearing from you or indeed from anyone else who's had problems with this garage.Ann

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