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CAT D/C -Thoughts ?


yiyi
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Hi all. First timer on here.

 

A few days ago, I was trawling through autotrader and called a dealer about their advert.

 

Person on the phone said that that particular car was sold but had another one in with alot less mileage.

 

I asked is it Hpi clear and if everything with the car is ok. He said yes. He said he would take £2800 for the car but I said I'll check the car before agreeing to a price.

 

So I made my way down to the dealers. The car was immaculate. Its a ford fiesta 2002, just less of 24000mls. Had all previous MOTs to prove the mileage and 2 service stamps (just a print out).

 

I asked to test drive the car, but the salesman was rather reluctant and mumbled something about the hassle...as I was in a hurry I skipped the test drive and negotiated the price of £2600.

Paid (3.30pm) and was on my way and as I was driving along I noticed that the speedometer was abit weird where the needle is pointing at the wrong speed I'm driving.

 

i didn't notice how bad this was till I got back home which is about 30miles away. It then dawned on me that the service history is not the original booklet so I called them straight away about the manual and they said they can send me one.

 

later on in the day as I was driving, the speedometer got worst where when I'm in 4th gear, the needle hasn't even reached 10mph yet!

 

Found out later that the heater doesn't work either. Had it on full blast for half an hour and it was still blowing cold air.

 

Just to double check my partner did a HPI check and found out that it was an insurance write off CAT D in 2003. I felt dupped so first thing the next morning (less than 24hrs)

 

I called the dealer about this and they were straight on the defensive..."we don't do refunds, we don't do full HPI checks cos it's too expensive, it's not illegal if we didn't know".

Then they denied ever telling me that it was HPI clear.

 

So contacted trading standards and was told to send them a letter to formally reject the vehicle under Sale of goods act etc..which I did on the same day.

 

They got my letter today and I called to see what they've got to say and apparently they record all calls and they said no where in the call did I mention HPI. I said show me but they said wait till court.

 

They have offered to repair the car or to replace it with another car but with 70,000mls on the clock which I refused.

 

I've since discovered that the director was prosecuted for falsifying service histories amongst other things and I've also been in contact with another buyer who was roped in the same way with problems with his vehicle too.

 

They lied to me again when I asked who the boss is and they gave me a name who is not named as a director in Company house and who is never available to speak to me personally.

 

They do that to anyone who has a complaint.

 

I'm actually quite prepared to take a reasonable partial refund aswell having the faults put right, however, the salesman seems very assured and is adamant we should just go to court.

 

By the way, there is this odd faint burning smell which I don't know wether it's significant. I can't drive it cos it's illegal to drive with a faulty speedometer and so it's parked up unused. [no its not - dx]

 

 

From what the other buyer has told me, I'm not even sure should I even let them do any repairs or wether there are other problems lurking around.

 

What I want to know is..is it a defence for the dealer to claim they didn't know the history?

 

I've tried going to a trade body to help mediate but this dealer is not registered.

 

Any thoughts on this case would be much appreciated.

Edited by dx100uk
clarity
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Done.

 

Welcome to the site yiyi.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Please dont post named individuals/named groups/companies on account of the details given at post 1.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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I will refrain from naming & shaming.:|

Not many people have an opinion or experience in this I see.

Anyway, I called a ford dealer to query about the faulty speedometer. I assumed it would be a simple case of just adjusting the needle, however I am mortified to discover that the whole unit needs to be replaced?!! Which means the odometer would have to start at 0. A local machanic had a look and confirmed that the dash has been removed before, for what reason he doesn't know. Also confirmed that the heating valves has to be replaced too.

Before I knew about having to replace the odometer, when I contacted the dealer about them telling me that the HPI was clear, they told me that they only check wether there was any outstanding finance and their mechanic checks the vehicles. So, during this time the car would have been driven and the mechanic would've known that the odometer needed replacing. In effect, they sold me an illegal car right? They misrepresented again when I asked if the car is ok. The speedometer was faulty the moment the car left their showroom, so they can't claim it just occurred. I double checked on a police website and it clearly states: It is an offence if the driver knowingly drives with a faulty speedometer.

It is my belief that the dealer knew if they had replaced the odometer, it would affect the sale price or that it would be much more difficult to sell this car, therefore, they sold it in it's current condition.

Anybody know if this is a reportable offence?

Btw..the slight burning smell was the heating valve gone.

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I will flag this to some of our seasoned and experienced posters in these issues.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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