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problems with a secondhand / used car i have just bought!!! please help!!!


icanotellu
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Hi everybody,

 

first of all, thanks for looking into my thread!

 

i bought a car from a dealer located in Edlesborough, and i paid in full 10 days ago. when the car got delivered on last tuesday, i found that there are a few things i wasn't expecting at all.

1. there is a dent in the rear bumper. my guess is that it was caused because of reversing towards a pole or something like a pole.

2. spring of the left hand side of storage cover / roller blind is broken, so when it is applied there is no tension on the left hand side, but looks like too much tension on the right hand side.

3. in the advert they put on autotraders, it said 35000 miles on the clock. but when the vehicle arrived it has got 36118 miles instead.

 

i tried to communicate with the manager called alan, but he has got a really bad attitude regarding this. after he admitted that they didn't check the functionality of the roller blind, i said 'oh my god', then he had to give a 5-minute lecture about how improper he thought for me to say omg. he also said that no dealers will check the roller blind even the bmw main dealership wouldn't do it. before talking to him i have been to mercedes-benz which is just 5 minutes walk from my house. i told a dude working there about the dent about the roller blind. i asked him if they would sell a car with problems like mine without telling the buyer before delivering out. he said they definitely wouldn't advertise it!

 

i haven't driven the car on any street at all yet, and except the only time that i turned the engine on was to get the car parked in my parking bay on delivery day. i coudn't go there and pick it up myself, because it will take me 10 hours on the road and i have a dog living with me.

 

i contacted citizen advice bureau, but there's not much they could do to help. as they advised i have sent a formal email to the dealer and asked for a FULL refund. the manager of the company, alan, replied that it would be my liability for the cost of delivery, collection and ROAD TAX. after calling citizen advise bureau again, i was told that if i want to get those cost back, i have to get a solicitor, and it will be the Judge's call about who should pay for the cost.

 

hence i do need a good solicitor now, and does anyone know how much will it cost me? most importantly, would i win the case???

 

please advise!!!

 

thank you guys so so so so so much!!!!!!!!!!!!!

 

car details: BMW 09 plate X3 SE Auto, price paid £16400.

 

pictures:

roller blind

h ttp://i1348.photobucket.com/albums/p722/icanotellu/rollerblindright_zps1126a5cf.jpg

h ttp://i1348.photobucket.com/albums/p722/icanotellu/rollerblindleft_zps4d8d152a.jpg

 

dented rear bumper

h ttp://i1348.photobucket.com/albums/p722/icanotellu/bumper_zps2687f5b5.jpg

 

mileage

h ttp://i1348.photobucket.com/albums/p722/icanotellu/bumper_zps2687f5b5.jpg

i don't know if legally i am allowed to reveal the name of the dealer so i can't post the screenshot i have saved of the listing on autotraders.co.uk.

Edited by icanotellu
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Hello and welcome to CAG.

 

This is a self-help forum, so the guys will try to advise you how to deal with this problem. We don't recommend firms of solicitors, but if it turns out you need one, you'll be able to look on the Law Society website.

 

For now though, I suggest you wait until the forum guys are able to get here with advice for you.

 

My best, HB

Illegitimi non carborundum

 

 

 

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hello honeybee13,

 

thank you very much for your tips. i will definitely be patient and wait to see if anyone could help. i have never ever expected anything like this would happen. i sent email to confirm the condition of the car and i even asked them to get back to me if there's anything like dents / scratches.

i am really really stressed now, because the delivery charge + collection charge + road tax = almost £600.

 

thanks a lot for helping out! really really appreciate it!!!

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Hi there.

 

First thing that comes to mind is the Sales of Good act. It was not sold as described, like you said you were not aware of the dents etc when you initially bought the car, even the miles.

 

First thing to do is send a formal letter highlighting your issue, just as you have described here. Highlight that you are giving him 14 days to respond with a resolution otherwise you will have no choice but to forward your dispute on to a solicitor. Also state in the letter that you will be getting in touch with The Office of Fair Trading as he is in breach of set regulations that govern the sale of used cars. It does not fit the description.

 

In the meantime do some research, here is a link for ya

 

http://www.theaa.com/motoring_advice/car-buyers-guide/cbg_legalrights.html

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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hi spud4life and dx100uk,

 

thanks for the info and the links, and as i am checking them out now.

i have just made a offer to share the consequencial costs ( delivery + collection + admin fee), and they should refund me the full amount that i paid for the car plus 11-month worth MOT.

i hope they would accept it!

anyway, do you guys think the offer is fair enough???

i just really don't want to go that far, because it would just waste my time. i do need the money back in order to get another car somewhere else.

 

anyway, thank you very much, guys.

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Be lucky with this one, I think you're going to struggle to be quite honest, these are all very minor things and I wouldn't be certain that soga will cover it.

 

Do let us know, I'd be surprised if you get your money back to be quite honest.

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hi oddjobbob,

 

thanks for pointing out.

i do understand that these are just minor things. the guy called alan said although the blind cover is part of the car but it is just an accessory and i can't believe that you are rejecting the car because of this. i replied that if you are buying a laptop find the left hand side of the touchpad is not functioning properly, you still can use the laptop or even get a usb mouse, but question is do you want to buy it after being acknowledged about the fault?

my point is when they are selling the car and you asking them if everything is checked already, they will tell you yes we did check everything. i am glad that he was honest and admitted that they didn't check the roller blind. i did try to solve this by looking for a replacement on ebay, but it costs at least £170 to replace a similar one. i am saying similar because the colour won't match. i also made my point clear that if i wasn't able to get onsite to exam the car myself first, i wouldn't buy for sure. alan said even bmw main dealership wouldn't check things like roller blind.

i don't know if any friends own a dealership or work for them are reading this thread. please let me know if you guys would check or not or maybe just tell me if it is on your checking list for the cars you are about to buy from people. please!

they have agreed to take the car back, and now it is just the costs which bothers me a lot. they are asking me to pay for the road tax and for the whole year starting from 1st September!!!!!!!!!!!

i have just passed my driving test 6 months ago, and i have no experience of buying a car at all. i don't think any of you guys would do something like we i have done anyway. i really should ask around first!!!!!!!!!!

anyway, i will keep everybody who is interested in this thread posted.

 

once again, thanks for viewing and all your effort is much appreciated.

i will see what alan will reply tomorrow morning.

thanks again............and good night everybody................

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For a start they have a right to repair. Secondly how many miles on it as the price paid might reflect this? Thirdly, any used car will have some minor defects and you have to expect this. It is not a brand new car. Perhaps you are over reacting a bit and should open a reasonable dialogue with the dealer about what they intend to do about it rather than demanding your money back as this will be a long drawn out process with no guarantee they will pay up.

 

Why didn't you go and look at it first?

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hi heliosuk,

 

i do understand there will be things like scratches and dents on a used car, there are a few marks on the car as well. i asked the lady called julie in the office twice, to confirm if there is anything like dents or scratches. she answered no, then i replied 'are you sure', she said she wasn't the one who checked the car, and it was her manager who told her that the exterior. if they were being totally honest with me i would definitely reject the car, but they either lied about it or they didn't inspect the car carefully. it shouldn't be considered as my problem, should it? i am living alone with my dog, and i can't leave him in the house for too long just by himself. it will take me at least 6 hours to get there, and if i decide not to buy it i will have to spend another 6 more hours back to manchester.

i don't think i am over reacting, i still think i am still being reasonable at the moment. because before they sent out the car, i ask them to take time to do the bodywork and i don't want it to be carried out in haste. i never ever said the car should be free from scratches or dents free. i just have to know. furthermore, it is not like i didn't ask them anything before the sale.

so heliosuk, please let me know how you feel about it now, and i am all ears.

 

thank you very much anyway.

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You bought the vehicle unseen so can't really blame the dealer. As pointed out under the Sale of Goods Act they have the right to repair, replace or refund. I would think that it is your responsibility to pay for the return of the vehicle if you are requesting a refund and once that is done, a road tax refund could be claimed however you would be liable for the difference and any admin costs.

Next time it may be more prudent to buy a vehicle closer to home. I don't think the mileage being out by a 1000 miles is a big issue.

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hi surfer01,

 

i don't know if it was my fault or not for buying the car unseen. when i bought the iPhone which i am using now (it was a used handset), it said that the phone is grade a which meant there's no scratches on the screen, back and mid frame. when i got it, there were a few scratches in one corner, and i reported and sent it back without being charge a penny.

to be honest as long as they offer to refund me the road tax, i will be cool with that. i don't know how could they ask me to be liable for road tax (1 year = £220). i told him that the road tax wan't included in the sticker price, and although i paid them to get it but i had a option to get it myself when the car arrived.

 

thanks for pointing it out though. i have no idea whose fault it is now.

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hi citizenkain,

 

i have to say i was super duper dumb!!! i totally trusted them, i did have the dealer researched before the purchase. there were 4 reviews, two 5-star rating, one 4-star rating, and one guy just gave one star and wrote 'these people are most biggest [problem] artist the cars are broken and cheaply put back together'. i should be aware about what people were talking about not the positive things but the negatives.

well, i have learnt my lesson and paid the fee.

next time i will definitely find a car from a locate trust worthy dealer.

 

thanks again dude.

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hi surfer01,

 

i don't know if it was my fault or not for buying the car unseen. when i bought the iPhone which i am using now (it was a used handset), it said that the phone is grade a which meant there's no scratches on the screen, back and mid frame. when i got it, there were a few scratches in one corner, and i reported and sent it back without being charge a penny.

to be honest as long as they offer to refund me the road tax, i will be cool with that. i don't know how could they ask me to be liable for road tax (1 year = £220). i told him that the road tax wan't included in the sticker price, and although i paid them to get it but i had a option to get it myself when the car arrived.

 

thanks for pointing it out though. i have no idea whose fault it is now.

 

couldnt you take the tax disc out and get it refunded?

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Regardless of whether you bought the car seen or unseen, the legal system is on your side. It doesn't matter how minor anything is, at the end of the day they described the car to you, you bought it and it was not sold "as described". The benefit here (I know it's hard to see one) is buying from a dealer gives you so much more protection than buying from a private seller. Immediately contact the Office of Fair trading, put in a complaint against the dealer. Explain how uncooperative Alan is being to resolve this.

 

Like you said you wouldn't buy a laptop that was described as perfect working order, but had a faulty touchpad despite being able to use a USB mouse. You paid a good sum of money for it and even though it's second hand, for the asking price you would expect the dealer to have it in excellent condition.

 

Do not stand down, plenty of people get done by dealers but can never be bothered going through the process of getting back what they are owed!

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The law is also on the side of the dealer. The problem is defining dinks and donks and scratches and what is acceptable and what is not. This is usually determined or reflected by the price. We have the age, make and price paid but what about the mileage, service history etc. This would enable a fair gauge of the price paid and the expected condition. And it is not about functionality of the car that is in question, it is the alleged condition and a difference of opinion.

 

With what the OP has said, at this moment in time it is frankly foolhardy to pursuit.

 

Trading standards is full of spurious claims which is probably why they never seem to achieve much when the real problems arise.

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