Enough Is Enough! 4 Months On And My Patience Is Finished!

[Yogurt]

You tell them exactly, you secured the car with your credit card and paid the balance with your debit card.

 

Haha, yes but then?

[dx100uk]

dont faff around do as post 11/12

let the CC company deal with him.

 

dx

[Yogurt]

dont faff around do as post 11/12

let the CC company deal with him.

 

dx

 

Hi Dx,

 

I'm not messing around, I just don't know what to ask them straight up. Do I say "I made a deposit on my creditcard however I would like you, the credit card company to take full liability of the cost of the purchase..."

 

...and then? = Because the vehicle I purchased was in severe need for repair and... This is where I need help. Just a couple of simple lines to guide me, I'll fill in the rest

[Yogurt]

dont faff around do as post 11/12

let the CC company deal with him.

 

dx

 

Hi Dx,

 

I'm not messing around, I just don't know what to ask them straight up. Do I say "I made a deposit on my creditcard however I would like you, the credit card company to take full liability of the cost of the purchase..."

 

...and then? = Because the vehicle I purchased was in severe need for repair and... This is where I need help. Just a couple of simple lines to guide me, I'll fill in the rest

[Conniff]

You tell them you have rejected the car, that it is in the possession of the dealer and he refuses to give you a refund.

[dx100uk]

yes just tell them the story

 

you paid the deposit by your CC

they are responsible

 

in simple terms

 

you want all your money back as the vehicle is pup.

 

dx

[Yogurt]

Hi, just a quick update.

 

I contacted the bank on Tuesday and they told me that they will send out a packet that includes a form the fill out in order to make a dispute, they have in the mean time put the transaction in dispute and will wait for me to send back the form. I received that form yesterday. I basically have to tell them what the problem is, and include all the emails back and forth, and any other information I may have that can assist the case.

 

On another note, I just checked my email and I have, after 2 and a half weeks of waiting ,received a reply from the trader who is now telling me I owe him another £170 for having the vehicle inspected intensively 'again' however will waive this fee if I pay him the original £420 + £250.

 

This is beginning to get silly. He has now attached a written letter from this so called engineer stating that nothing is wrong with it and it was simply a lightly damaged rear tyre causing 99% of all the problems with the vehicle.

 

He trader is also stating that I purchased the vehicle without prior inspection and that it is not his fault that I chose to do so. He also said that my entire series of complaints are therefore down to tyre problems which is my responsibility and not his. He constantly points out the M.O.T was done hours before it was transported to me and that it was 100% road worthy and has the M.O.T and two engineers reports to prove so.

 

I do not understand how the bank / credit card company will see this in my favour? Am I wasting my time here?

 

However, I do know one thing, and I know he is breaking some rule/law by doing so and that is agreeing in writing and verbally that all of this was to be at his expense yet is trying to bill me £420 for it all.

 

I am seriously beginning to get depressed now.

[Yogurt]

Bumpy, anyone?

[Conniff]

I think you will have a big uphill struggle with this one. I can't believe when you took delivery you didn't even look around the car or lift the bonnet to see if it had an engine.

 

Practically all the faults you have described could have/would have been obvious at the point of deliver so that would be enough to absolve the seller of all responsibility.

 

We can also put an argumentative scenario from him. You took delivery of the car, you didn't like it or changed your mind and after searching on the internet you came up with some excuses you could use in the hope of rejecting it. Do you see what I mean.

 

The bank will want to hear both sides and he has an MoT inspector and an engineer on his side, all you have is some photographs.

 

If this don't go in your favour, I would assume that you will have to pay the transportation cost this time. If this should happen, drive the car to see if it has been cured of the problems you noted and if not, take it directly to an MoT station and book it in and get a full report. You will have to pay for this, but if all is as you say, you can then ask the courts to help you get your money back and recover the expenses you have paid out should he continue to refuse rejection.

Edited March 17, 2013 by Conniff

[Yogurt]

Hi Conniff, I don't just have pictures... I have video footage of some of the major issues with the car. The grindings sounds from the diffs, the clunking sounds from the dash, snapped handbrake, the water leak, rough idle, the lot! The only things I don't have is the rear wobble and the alignment issue (these where almost impossible to get on footage.)

 

I don't really understand what you mean by "that would be enough to absolve the seller of all responsibility." Most of these problems became evident as I drove it home, roughly 15-20 miles.

 

Another thing to note is the second time the engineer so called looked at the car, he then admitted to resealing the windscreen as that is where the leak was coming from apparently. So in all fairness, its not like the trader is hiding it, but he's making it out to be that nothing was wrong with it and that 99% of everything wrong with it was being caused by a rear tyre.

 

ALSO... and this is the important part. And mainly the only reason I am rejecting the car. He explicitly stated in writing and over the telephone that the cost of collecting the vehicle and having it inspected was AT HIS EXPENSE. I have also recorded the conversations we had over the telephone. This is what he is trying to bill me for. £250 collection and £170 engineers report. I'm sure I have a leg to stand on here yet I can't seem to get any advice on the rules/laws he is breaking by now trying to bill me for this all.

 

There is a couple of other things I have but I'd rather not post them here just incase he may be reading the forum. If it ever comes down to it I will wait till the court to mention these. I know it sounds silly but it is security at the end of the day. If you want to know, PM me and I will let you know what they are.

 

Again, if he is claiming that all things are repaired (pfft) I would have happily accepted it back, but the fact of the matter is, he is trying to extort £420 + £250 out of me is absolutely appalling and plain wrong. He said he would pay for these, yet is persisting that he will not release the car if I don't send the money to him.

 

All the advice I can get is appreciated. I know some kind of trading / contract laws have been broken, which ones, is the ones I need help with.

 

Thanks again guys!

[Conniff]

I don't really understand what you mean by "that would be enough to absolve the seller of all responsibility." Most of these problems became evident as I drove it home, roughly 15-20 miles.

 

You should have test driven it at the service station and then you could have rejected it there and then. Things not covered are things pointed out to the buyer by the seller and things the buyer should/could have noticed at the time of purchase. The things you noticed while driving home would have been noticed on a test drive.

 

In no way am I against you here, I am just trying to show the negatives so you can be prepared.

 

A claim for something he originally said he would pay for can also back up your complaints. If he tried to pull the wool over your eyes with that, it's probably that he is trying to pull the wool over your eyes about all the rest.

 

If you haven't already, you should chronologically lay all this out so it will be easy to see where he has mislead ie, 26th xx phoned and he said he would pay delivery charges, (call recorded) etc.

[Yogurt]

You should have test driven it at the service station and then you could have rejected it there and then. Things not covered are things pointed out to the buyer by the seller and things the buyer should/could have noticed at the time of purchase. The things you noticed while driving home would have been noticed on a test drive.

 

In no way am I against you here, I am just trying to show the negatives so you can be prepared.

 

A claim for something he originally said he would pay for can also back up your complaints. If he tried to pull the wool over your eyes with that, it's probably that he is trying to pull the wool over your eyes about all the rest.

 

If you haven't already, you should chronologically lay all this out so it will be easy to see where he has mislead ie, 26th xx phoned and he said he would pay delivery charges, (call recorded) etc.

 

Fair enough I suppose, its something to be prepared for but to point out, how exactly was I to reject the vehicle if the transport truck left the moment he dropped it off? I did phone the trader to point out there and then that the handbrake was snapped and that the tyres where deflated completely, he and I agreed I'd have it looked at and I'd let him know. But at that given second that was the only things I spotted wrong with the car. (oh, and some poor bumper repair work but nevermind, I wasn't bothered with that.)

 

All of the rest only become obvious after a decent drive. The alignment issue became obvious when I joined the motorway and realised the steering was pulling, The clunking sound become obvious after I pulled into Asda and left the engine off for a while, the water soaked footwell became obvious when it began raining, the idle became obvious after the engine properly warmed up and I had pulled over, the wobble became obvious only once I had arrived to London and started to take corners, the grinding showed up only on slow reversing/parking and the powersteering got heavy only after I got off the motorway.

 

So to be fair, I doubt a quick spin around the service station would have made any of these obvious.

[scaniaman]

MOT's in NI don't become a requirement until vehicles 4th birthday.