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daisymouse1975

I part ex'chg my car to a dealer, he is saying it blew up on way home. What are his/my rights? *** Claim struck out ***

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I had arrange via the internet to part exchange my car for a better one, the day before the exchange happened I had problems with my car, I spent £1000.00 to get it going, it also needed a new turbo, I phoned the dealer and explained the situation in full. He said he was happy to go ahead with the deal and take car needing a turbo as long as I covered costs.He called his garage they said 750 for new turbo so I gave him a credit card payment for the 750. The exchange went ahead the next day, 4hours later I received a phone call saying the engine had seized/blown up, I checked with my garage who done the work and said this isn't my fault and no one could pre see this happening. The dealer keeps phoning me saying he cant afford to fix car, do I have to pay him for the repairs?

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Hi daisy

 

Welcome to CAG

The guys will advise as soon as they are available.

 

Heres some info:-

 

http://www.consumerdirect.gov.uk/after_you_buy/know-your-rights/cars/

 

http://www.consumerdirect.gov.uk/after_you_buy/know-your-rights/SGAknowyourrights/


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he has no comeback on you, he is a dealer and was fully aware of the facts when the deal was made. I am sure the deal that was made allowed him a some profit on any resale, so thats his gamble, if he has a little or lot of work to do before he can re-sell.

I pressume you have all the paperwork, receipts etc.

The problem might be later if something goes wrong with the car you took of him; he may not be very forthcoming in helping you.

He may threaten to take you to court, but if paperwork in order, dont worry about it.

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Thank You for your help.

The dealer called yesterday and said the engine has not seized as it was turning over, said he will now be stripping down engine and looking for fault and that he would contact me later in week to talk about damage. Feeling very stressed at this whole situation.

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dont worry its not your problem; certainly dont consider giving them any money.

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Yes, thats their problem


Forget past mistakes.

Forget failures.

Forget everything except what you’re going to do now and do it.

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Heard from dealer today he wants 2700, what he is now claiming he is out of pocket with this desk.

I said no, he said I'm in breach of his terms and conditions and I will be hearing from his solitors :/ so I'm now on tender hooks waiting

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What are his terms and conditions?

please post if you have them and did you sign anything that had any reference to these?

I think you may waiting a long time to hear anything; bluff!

it will cost him more in solicitors fees than the money he claims he is out of pocket.

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term2.jpgThis is all the paperwork we have, sorry not a very clear scan! We/I havent signed anything, this was emailed to us. Thanks for all your help

Term1.jpg

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Too small to read im afraid can you repost full size, did you have these terms supplied before or after the deal was agreed?

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That is real size!

These terms were sent before the deal was agreed

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feom the OP's statement I am willing to bet these were supplied after the deal and as they claim not to have signed anything then I should imagine it is worthless. The dealer has the problem

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He took it knowing it needed a turbo and drove it? Also had payment from the OP to cover the work, and that was £750 for a turbo? He's either a [EDIT] or an idiot!

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Tough cheese on him i think.

With most dealers once you drive off thier premises, its tough if anything goes wrong.

I would ignore all letters, and if he keeps calling, id advise him to go take a walk and be quiet or he will hear from my solicitor on grounds of harassment.

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Received a letter today, ha said he is cancelling our contract and I have 7 days to return the car to him at my cost and arrange to collect my old car( also at my cost) or send him £4000.00 with 7 days! If I do not do either he will be taking me to a claims court, at my expense to recover his loses on the deal :@

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What sort of solicitor do I need to fight him? Any recommend ?

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You dont need a solicitor you will get the help you need here, will alert the mods for you

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I am not an expert on this particular field but I think the siruation is quite clear - he bough the car off you having been made aware of the problems and agreeing a price to fix it. It is now his problem. If this was all doen on the internet, do you have e-mails proving this train of events?

 

If so, put them on one side so they don't get deleted and print off copies to keep with any other paperwork.

 

If you don't have any e-mails, things could be a little more difficult but I still think you have a case as a court judges on the balance of probabilties - he is the dealer and should know what he is buying, especially as you told him the problem. The bill he is trying to get you to pay is evidence that you are telling the truth.

 

I don't think you should return the car to him or pay him any more money. If he is stupid enough to actually take you to court, he will lose.

 

raydetinu is completely right IMO

 

If the terms really are that small I would say they are illegible and therefore unair!


Steven

 

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Do the t & c's mention anything about the trade-in vehicle condition? In any event, i'm not sure that their t & c's necessarily have any legal status. Generally buying privately is a 'buyer beware' scenario and unless you ave blatantly made false statements about the condition of the car then the buyer has no come back. The dealer was made aware of the tubo issues so IMHO, you have fulfilled your obligations to him. However, to be sure, I would either consult trading standards for advice or sorce an appropiate solicitor who will perhaps give a free initial consultation.

 

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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.

 


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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Have spoken to Consumer Direct and a solicitor, have sent him recorded delivery the following:

With reference to your letter dated 1st April 2011, I feel I must make one final response to you, with regard to this matter.

I have today taken advice from Consumer Direct and my Solicitor. Consumer Direct are funded by the Office of Fair Trading. Both of which have assured me that I am in no way responsible for any mechanical defects that have occurred on the vehicle since being in your possession.

The vehicle was not, in any way, misrepresented by myself, I made you fully aware of a turbo fault, which you charged me £750.00 for, a costing quoted from Baytree.

I would also like to point out that the vehicle was collected by a representative of your company, who inspected the vehicle and subsequently found it to be fully acceptable.

The vehicle was then driven some 130 miles.

I therefore do not wish to hear anymore from you on this matter, otherwise I will deem it as harassment.

 

It seems a little harsh but its not looking like I have an option!

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Looks good to me - you have to be firm with these people


Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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Have recieved a reply today from the dealer, saying, "He has now prepared a case for the small claims court. However he is willing to expect 50% contribution within the next 7 days to stop it or he will have no choice but to move forward with court proceedings".

 

He is not giving up, more sleepless nights of worry !

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Have recieved a reply today from the dealer, saying, "He has now prepared a case for the small claims court. However he is willing to expect 50% contribution within the next 7 days to stop it or he will have no choice but to move forward with court proceedings".

 

He is not giving up, more sleepless nights of worry !

 

Stand your ground.... plenty of help here.

As has been said before.... he new what he was buying.

He is chancing his arm, hopeing for a cpl of quid.

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If he does in fact issue court proceedings, don't panic. He has no case (no cause of action) and we will show you how to apply to have his claim struck out.


Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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