Lancashire Diesel Centre/Heys Lane Car Sales, altered mileage -refuse to refund

[VickySmalley]

The people that have had problems with the car, have they been fixed?

 

i bought mine of him 3 weeks ago, and it hasnt started since then!

 

i am going through trading standards at the minute,

and the guy doesnt seem to be bothered,

he said he was coming to pick my car up to be fixed,

but he hasnt bothered

 

also when i rang him he said the boss isnt in.

 

also yesterday my exhaust fell off the car,

 

need some advise on what people did to sort this guy out.

 

Thanks..

[dx100uk]

you need to start your own thread really.

 

Dx

[Jaydles]

Sorry I hadn't had any notifications of new messages until now. No absolutely nothing, not even the £200 he offered to pay for the clutch repair. I found that "the boss" was never available even when I drove over there. The boss is Andy Long he will deny this until he is blue in the face I wouldn't waste my time with him to be honest. Just out of interest are they trading as Heys Lane Car Sales or something else now?

 

It has been passed on to trading standards and they are looking into it, it has been about 3 weeks since I heard anything from them at all.

 

To the person that asked regarding the clocking of the car, it was the fact that the MOT certificate stating 83700 miles had been deliberately covered with a staple so that I couldn't read it until I took the documents apart and that my car had done 90600 miles when I sold it to him and he was selling it stating 83000 miles. Surely this is proof that he is altering mileage?

[scaniaman]

Do the cars in question have digital speedometers? Mines does and i was told that if the cluster is changed either with new or used parts, the genuine milage is stored in the computer and this will show when everything is connected up again. True or false?

[heliosuk]

Good point Scania...........it can be but is not often. The cars I look after so to speak will show this up from various control units.

 

Had this the other day when dealing with a massive warranty claim we were investigating. Owner thought they were being clever but then they didn't know what data was recorded so could actually show the person involved at what time the change was made and on what date.

[Jaydles]

Who would be able to look at that to try and find the correct mileage? Trading standards have basically told me I'm on my own this morning which is helpful as I can't even take him through small claims. He wrote the old trading name on my receipt of his company that had already closed down so as far as the courts are concerned that company is no longer trading

[sailor sam]

Who would be able to look at that to try and find the correct mileage? Trading standards have basically told me I'm on my own this morning which is helpful as I can't even take him through small claims. He wrote the old trading name on my receipt of his company that had already closed down so as far as the courts are concerned that company is no longer trading

 

Trading Standards aren't interested??? Did they explain why? Obviously it can no longer be against the law to sell clocked vehicles then! I do not see why you cannot take him to court... it dosn't appear to be a limited company so you issue proceedings against the proprietor personally. Considering he is no longer trading, he seems to have a few cars still advertised on autotrader;

 

http://www.autotrader.co.uk/dealer/527961/stock/used/cars/postcode/wv46hb

 

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.

[Jaydles]

He is most definitely still trading, I have spoken to trading standards on a number of occasions and all they have advised is that the owner's name is Andrew Long and I will have to take him through small claims and hope that the court rule in my favour. I am presuming they are investigating him further but aren't willing to help me. I am going to start proceedings against him personally today when I have calculated all the expenses I have had so far. Thanks for all your help so far!

[sailor sam]

Hi Jay... I've just spoken to CAB about this but unfortunately can only tell me that it has been referred to Trading Standards.Obviously I do not know who/what office is dealing with this but you have to appreciate that they don't act as a personal recovery service for individuals. What I am fairly confident though is that they will be investigating the trader. If you PM me the numbers/reference number of the TS office you are dealing with, it may help. In the meantime, have you written any formal letter (LBA) to Andrew Long? If so when and what did it say?

 

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.

[Jaydles]

The last letter I sent was dated May 1st. I have not contacted him by post since then as he had refused to sign for both letters, which I have proof of. The letter said that I had given him every available opportunity to resolve the situation and included copies of all the evidence to support my arguement. Its a bit irrelevant though as he has never actually seen any of my correspondence. I have been speaking to West Yorkshire Trading Standards ref 655516 the number is 0113 393 9868, it is however Lancashire Trading Standards investigating him. Having spoken to them yesterday I can attempt to take him through small claims but wasn't sure where I stand on him refusing to accept mail how will he even know that I have issued proceedings?

 

I think my issue with trading standards is that he has been reported 3 times that I know of by seperate individuals and yet is still allowed to continue trading and conning other people who then will have to go through all this when it could be avoided just by shutting him down

[sailor sam]

It matters not tat he is refusing to accept your mail. You just show the recorded delivery slips to the judge and that should satisfy him that you have served notice of the proceedings. Looks like you will have to go ahead with you claim. If he ignores that, you will get judgement by default.

 

You are aware though that obtaing judgement is only half way of getting your money back don't you? You may have to issue a warrant to send in bailiffs but I would recommend you apply for a financial examination (oral) hearing where by he MUST attend and provide all evidence of his finances etc. You would even get to question him in front of the judge! DON'T forget to claim the interest as well. Helpful info here;

 

http://smallclaims.me.uk/index.html

 

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.

[Conniff]

I must say this thread has got a bit complicated, so it might be a good idea to lay out your particulars of claim here so we can see exactly what your complaint is ?

[Jaydles]

Thanks Sam I will have a look at your link now.

 

My complaint is that I thought I was buying a car with 76,000 miles, 12 months MOT and in good working order. I traded in my admittedly older car which from what I can estimate had actually done less miles than the one I bought. The car I bought turned out to have at least 87,600 miles on and only 8 weeks MOT. The dealer stapled the documents together so that I couldn't see the mileage or date on the MOT certificate and simply wrote MOT'd on the receipt. The car also had a bald front tyre and the clutch has had to be replaced. He did originally offer to come and collect the car but hasn't, he then offered me £200 towards the clutch which never appeared. He will not accept my calls and is insistent that he is not the owner even though Trading Standards have since discovered he is the owner. So far the car has cost me nearly £600 to replace the clutch, bald tyre, having days off work to go over to the garage as he won't answer calls and an MOT I shouldn't have had to pay (which amazingly it passed)

 

The most frustrating part of this is I know of 2 other people who have bought cars from him since and have had problems with them and he has treated them exactly the same as he did me. Trading Standards have this information yet he is allowed to carry on conning people.

[sailor sam]

WAIT A MINUTE!!!! Do you mean to tell me that you have had the car repaired???? My advice in post #6 was to formally reject the car!!! Now you have had it repaired that is going to be almost impossible to do!! Did not TS/CAB also advise you to reject?? Once you reject, you should not touch the car again while you sue for a full refund which, under these circumstances, is exactly what you should do.

 

Now you have had repairs carried out, you may well have been deemed to have accepted the car and may have left you with the only option of suing for the cost of the repairs.

 

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.

Edited July 5, 2012 by sailor sam

[Conniff]

Not 'may have' but 'will have'. You might just as well give up now and enjoy your transport. Anything else is going to cost you money and only a very slim chance of recovery.

[sailor sam]

Not 'may have' but 'will have'. You might just as well give up now and enjoy your transport. Anything else is going to cost you money and only a very slim chance of recovery.

 

I wouldn't entirely agree there Conniff, I think she can still claim for the repairs.

 

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.

[Conniff]

I think you will have to have given a deadline and a warning that you will do so.

 

Although if the seller continues to ignore then yes, get the work done and present him with the bill saying failure to pay will result in court action.

 

But there is no point in saying that if there is no real intention of going to court.

[Jaydles]

I would be happy to get the cost of the repairs back. I had absolutely no choice but to get the car repaired I was getting nowhere with either the dealer or trading standards and I live in a village in the middle of nowhere my husband couldn't get to work and I couldn't get my kids to school. I refused to accept the car the day after I bought it, I tried to return it but didn't feel safe driving it so he was going to collect and he didn't turn up and subsequently refused to take my calls. I don't have the means to get another vehicle so my only choice was to fix the scrapheap I have.

 

The whole system is a joke I'm not surprised people like him just carry on making money by ripping people off as there is absolutely no help anywhere just write them a letter and if they ignore that write them another letter and if that fails write them a letter telling them you are taking them to court but you probably won't win so just don't bother wasting your time and accept you have been robbed

[sailor sam]

Are you going to pursue the seller for the repair costs Jay?

 

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.

[Jaydles]

Yes I am thanks for all your help and apologies for the strop on my previous post

[sailor sam]

Yes I am thanks for all your help and apologies for the strop on my previous post

 

There's no need... i'm sure we all appreciate your frustration and anger. Cases like this make me angry too!

 

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.

[Andrea80]

Hi everyone, wish I had read this before buying a car from the same garage. Wasted £700 on a corsa that looked mint and I am now having to sell it at auction as it wont get through the MOT which is ten weeks less than stated. Massive engine problems which means it uses a liter of oil a week.

 

Basically been able to use my car for three weeks. My first ever car too so not impressed. The guy is refusing to answer the phone etc.

 

Not bothered with Trading Standards as it states on here he just refuses the letters. Police not interested.

 

I am so mad he has got away with this. I have written to Watchdog with the company name and his apparent name and just see how it goes. If you all do the same, surely we can name and shame him.

[Andrea80]

Did you take him to court and did it help??

[sailor sam]

Did you take him to court and did it help??

 

Don't think she has yet. If you have a problem with the same dealer you should deffo report it to TS but you will need to go through CAB. The more cases reported, the more chance of action being taken.

 

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.

[Disgruntled Kia]

I have bought a used car from a 2nd hand car dealer 30 miles from my house, it was advertised on Auto Trader on Thursday 19th April, I rather stupidly didn't take anyone with me and trusted that he was honest. The next morning I took the car to my local garage who told me that the the clutch needed replacing, the exhaust was starting to go and the front tyre was bald - I realise I should've noticed this at the time.

 

I rang the dealer who told me that the boss wasn't in and someone would call me back, they didn't. Later that day I discovered he had put a staple through the MOT certificate where it showed the mileage, I had bought the car thinking that it had done 76,000 miles the MOT certificate actually stated 87600 last June. I sent him a letter the same day by recorded delivery stating the issues with the car and that I wanted a full refund and return of my part exchanged vehicle he refused to sign for the letter. Since then he told me I would get a refund and someone would collect the car on Mon 23rd, nobody came and he will not answer any of his phone numbers to me.

 

I have given him 7 days as advised by citizens advice to rectify the situation and today decided to drive over, the boss was again nowhere to be seen although I am fairly sure he is the boss and he told me he would ring me back today. I have since discovered from a previous employee that he ceased trading as the company I bought the car from 3 weeks ago and is now trading as something else although he wrote the old company name on my receipt. He has also advertised my part exchanged car on Auto Trader with a mileage of 7600 less than I sold it to him with so he is clearly the one clocking the cars. He has offered to pay £200 towards the replacement of the clutch and a new tyre my question is should I take this as an expensive lesson or refuse the amount offered and hope that trading standards will help me?

 

Thanks

 

I have had a similar problem with this dealer...His name is Andy Long { he also trades as G H Car Sales} and he sold me a Kia Sedonna, I took him £100 deposit and he said the vehicle would be ready for collection on the Monday as it had failed its MOT on a couple of things. No phone calls was received and after telephoning him around 10 times he eventually answered and told me the parts was on back order and he would deliver the car to me in Rochdale {about 30 miles away} the day after...It never arrived and the phone I rang was just going to answer machine. Late that day he phoned to tell me that the KIA had cost him a lot more money to put through the MOT and that I would have to give him more money. I told him that I had an arrangement and a hand written receipt and that I would just have my money bad and put it down to a bad experience, He said he would deliver the money "Later" as he was passing Rochdale on the way to the auction..He never came , I too have sent him a letter as requested by citizens and also a letter requesting he paid me back within 14 days, He now never answers his phone and I am awaiting what trading standards are doing with this rogue trader...