Car deal gone bad...! claim form received - help

[Crapstone]

Hello Everyone,

 

Last weekend we purchased a new car, all was going fine until the dealer rang up requesting more money for an issue he has found with the car we had part exchanged. We were totally unaware of any issues and had the car checked out before taking it to him (as you will see in the emails below). He's now started to turn the screws cc'ing his solicitor in emails.

 

I would really appreciate some views on this case, am I right to push back and where do I stand.

 

Thanks in advance.

 

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The first communication was a phone call, so no evidence of that, however email number one is the response from us to the dealer, email two is his response this evening to that email.

 

Emails below;....

 

 

EMAIL 1

Dear XXXX,

 

I am writing following our telephone conversation yesterday when you asked me to pay £500 towards the cost of repairs to the gear box of the Honda Jazz that you took as part exchange for the Audi that I purchased from you on Saturday 24 November.

 

My position on this matter is; I had no awareness of an issue at the time of part exchange. I took reasonable steps to ensure that the vehicle was delivered in a clean and roadworthy condition for your viewing and testing, prior to completing the paperwork and transaction. As you had a good look around the car, started it and manoeuvred it, I had reason to believe this was your standard process and you were happy with the car, as we went ahead and completed the paperwork.

 

I took the decision to part exchange the car with a professional tradesman to avoid this kind of confusion, as I believed that a lower, but fair price would be offered for the car as it is seen and tested. I agreed to purchase the Audi on the basis of achieving £2,000 in part exchange value for the Honda.

 

I hope you understand that I am unable to take responsibility for any issues you feel have now arisen with the car. Therefore I will not be making any further payment beyond that which is stated and settled in our contract dated 24th November 2012.

 

During our conversation yesterday, you stated that you haven't sent off the warranty documentation and wouldn't until you had heard from me as to whether I would agree to pay the £500 for the repairs to the Honda. Should you choose not to purchase the warranty, I believe that this would be a breach of the contract that we entered into on Saturday 24th November and any warranty claims will become your responsibility under that contract which states the car is supplied with 12 months warranty.

 

I trust that this puts an end to this matter. I would like to thank you for otherwise making the purchase of a new car a less stressful experience. I believe you are a good man operating a good business and I will not hesitate in recommending you to friends and family looking to purchase Audi's in the future.

 

All the best for you and your family.

Kind regards,

XXXXXXXX

 

 

 

 

EMAIL 2;

 

Dear XXXXXXXX

 

Without Prejudice

 

Thank you for your email dated the 27th of November 2012.

I am extremely disappointed with your stance on the matter and wish to put on the record the following as I believe you have been dishonest in your dealing with me for the following reasons:

 

1. You never brought the part exchange car for me to see on Thursday the 22nd of November 2012, so I had no chance of seeing and testing the vehicle.

2. When you decided to purchase the Audi A4 from me you said you had part exchange vehicle which was in good condition and no mention was made of any mechanical problems.

3. When you came to pick up the Audi on Saturday, you wanted to test drive the Audi and you were happy with the way it performed.

4. The only experience I had with driving your vehicle was maneuvering about 12 inches in my driveway in order to get the vehicle you have purchased out for you.

5. The reason I did not take your Honda Jazz for a full test drive was that you gave me your word that it was in good mechanical order and no mention was made about the gearbox at any time.

6. When you left, about 10 minutes later I moved your car to my compound and found that it was not running as it should have been. I called you immediately to discuss and you denied any knowledge of a problem.

7. I said I would contact you on the Monday the 26th of November 2012 after I had a chance for my mechanic to see it.

8. After my mechanic checked it, he said the 1st and 2nd tooth in the gearbox had broken off and that is why there was a noise. He also said to me that even the most inexperienced motorist would have noticed there was a problem.

9. You also told me that you had the car checked by a mechanic before you took it to me, which I find unbelievable as if there was not any problem why would you want a mechanic to check it over, especially as you were going to part exchange it. You also said to me that he did not test drive your vehicle, and again in my opinion if you were checking it for safety reasons he would have test driven it and told you there was a problem.

 

In my opinion you were fully aware there was a problem, especially after a long drive from Cornwall, you would have noticed the noise from the gearbox. I am disgusted that you have not been honest with me and have instructed my solicitor to deal with the matter. Furthermore the repairs have come to £700.00, which is higher than the £500.00 originally quoted.

 

I have put a hold on the warranty until this dispute is resolved. Also my solicitor will also be requiring the details of your mechanic if we need to obtain obtain any clarification from him.

 

I am an honest motor trader and pride my business on principles and do good by my customers, however if people are unfair with me, I will pursue my rights and will be prepared to go to court in order to get a resolution.

 

Please advise within the next 24 hours on how you wish to proceed as my solicitor is awaiting my instructions.

 

Yours sincerely

 

XXXXXXXXXX

 

 

It's up to them to to check the trade-in as you are a consumer and not a trader. It's a case of buyer beware and they are the ones that have the experience for that regardless of if you had it checked. They are a trader and despite any excuse they are in a higher position to check the car you gave them before releasing the one you purchased. It's up to them to check it before giving a px price.

 

If you purchased the car with a warranty they still have to honour it dispute or no dispute. I'd have a word with your local Trading Standards. The way their letter is phrased, without being there, it seems as though they are dealing away from premises.

 

You've driven the car a seemingly long way and you couldn't / wouldn't do that with a serious fault and one that could develop at any time. I'd write back and say they had ample opportunity to test the car before agreeing to release the A4. What they schedule with their mechanics is of no concern to you and neither is the acceptance of your vehicle as a px in good faith and as seen. They are talking rubbish so treat it as such.

Edited November 28, 2012 by Crapstone

[Crapstone]

I'd just put:

 

Dear Sir,

 

I am quite aware of my consumer rights and of trading regulations. My stance remains the same and I have informed Trading Standards, who will pass it to their Home Authority in your area.

 

Any further communication should be put in writing to my address and not via email.