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 ***

[gbjadyy]

i also forgot to say ! as i am knowledgable about cars ( just as that dealer should be) if someone said to me the turbo is a suspected fault then personally i would NEVER attempt to drive that car 130 miles , infact i would not even drive it at all and would recommend recovery only from where it is along with telling any recovery driver NOT to start the engine at all to load the vehicle, the reason for this is simple , because a turbo fault can and in alot of cases result is causing excessive damge to the engine aswell as running risk of emitting high levels of smoke out onto the road impairing other road users view ( whitch would also be illegal) , with this in mind you might also want to point out that the dealer chose himself to drive the drive AFTER being informed of a turbo failure and therefore took his own risks in casuing further damage to the vehicles engine

[steven4064]

good point gb

[daisymouse1975]

Hello, just a quick update, we have submitted all the forms and have agreed to go to mediation but the other party hasn't, the court have now ordered him to reply and advise why he will not go into mediation by 19th @ 4pm

[steven4064]

What did you put in your defence?

[geoffthechef]

It would be good to find out what happened?

[daisymouse1975]

I will do as soon as we know! We have had hold up after hold up, the dealer making several appointments for mediation then canceling, the latest is his child is ill and can't do anything for foreseeable future, so we are just hanging

[steven4064]

Mediation implies some sort of deal. In reality, this guy hasn't a leg to stand on and should get nothing.

[scaniaman]

Turbo fault known---I wonder at what speed the car was driven home??

[Hontch]

LOL@dealer

[daisymouse1975]

Just an update we have contacted court today asking for this to be looked into as this is taking a very time

[taxii]

It would be interesting to see where this goes as i recently traded in a bmw 3 series on the day the mot ran out and with a abs warning light issue. i traded the car in on a freelander and the dealer later found out it was the abs pump that was shot on the bmw but still honoured the warrenty on the freelander and replaced a faulty cat so he took a gamble that the abs thing would be an easy fix but it ended up costing him more but he didnt get his knickers in a twist about it. oh and if youve bought a range rover daisey then it might be an idea to join landyzone for advice and tips for when it starts going wrong. oh yes and it would be nice if you could name the dealer after things are sorted so we know what to expect if any of us have to have dealings with him.

Edited November 4, 2011 by taxii

[steven4064]

Hi taxii

 

Welcome to CAG. The dealer in your case understands the law (unlike the one in daisey's) - if you are a dealer and you buy a car, it is your lookout if it goes wrong - caveat emptor

[steven4064]

Hi taxii

 

Welcome to CAG. The dealer in your case understands the law (unlike the one in daisey's) - if you are a dealer and you buy a car, it is your lookout if it goes wrong - caveat emptor

[taxii]

yup i agree and he seems to think he can just bully her into parting with some cash. hopefully she will listen to the advice here and not panic too much. the fact that he wont go to mediation shows hes dodgy but im a bit concerned that the courts have gone this route. theres nothing to mediate imho. shes in the right and hes in the wrong. any idiot could see that.

[daisymouse1975]

Just received notice that the claim has been struck out, which hopefully means this is all over! Thank you all for your support and help

[the_shadow]

Just received notice that the claim has been struck out, which hopefully means this is all over! Thank you all for your support and help

 

Brilliant news, he can appeal the decision (apply to set aside) but that'll cost him more money to do and he only has a set period to do that without throwing himself on the mercy of the court and finding a blinking good excuse for not doing it in time(think its 14 days but my minds gone blank )

 

S.

[the_shadow]

Sorry cant edit the thread title to show *** Struck out *** as my work network blocks some editing functions of CAG

 

S.

[steven4064]

Sorry cant edit the thread title to show *** Struck out *** as my work network blocks some editing functions of CAG

 

S.

Never mind - I've done it.

 

Great result - don't like to brag but I did tell you so!

 

 

Brilliant news, he can appeal the decision (apply to set aside) but that'll cost him more money to do and he only has a set period to do that without throwing himself on the mercy of the court and finding a blinking good excuse for not doing it in time(think its 14 days but my minds gone blank )

 

S.

But he would be absolutely stupid to try. The case was presumably thrown out because he hadn't got a case. He still won't have one if he tries to overturn the strike out. He is best quitting while he is behind.