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HELP - secondhand car dealer nightmare £15,500!!


mpa208
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Hi All, this is my first post here so please bear with me. I am here for some advise and guidance as well as reassurance from anyone with any experiences they can can share.

 

I live in Norfolk... and have been looking to buy a nice new car for myself for some time. the car will be used for work purposes (traveling around the country as a rep) as well as needed for two dogs and a small child.

I found a Mercedes ML 320 sport online at a garage in Croydon, London. I spoke several times with the garage who assured me the car is an absolute gem. i obtained a loan from Tesco and travelled down the croydon to view the car and hopefully pay for it to drive away if all checked ok. the car is very nice, full service history, a few aftermarket bits and bobs from Brabus and an engine re tune... its one of a kind.

 

I paid for the car on my debit card (£15,500) and drove it away. on 11/10/14.

 

on the 20th of the same month i noticed the car was sitting uneven and there is a residue oil substance all over the driveway... i took the car to our local garage (not mercedes, only a friends local garage) who advised me that the rear drivers side shock had gone but he seems to think that may not contribute to the leveling issue as its all round air suspension. they advised me that under the sale of goods act i should get the garage to fix the faults.

 

The garage which i bought it from told me to take it up with the warranty company, the warranty company said its not covered!

 

I made a real pain of myself to the garage in Croydon who eventually agreed to have the car back to repair it but will definitely NOT come and collect it so i would have to drop it off.

I dropped the car off on the 8th November who advised they would call on the Monday (10th) with an update and will be ready in only a few days.

They didn't call, text or email and wouldn't return any of my calls until Friday 21st! who i was then told that i could collect it on Tuesday 25th as it will definitely be ready and fixed then.......(i recorded this conversation so i have it as proof that's what he said).

I traveled all the way down there again on the train costing me another £45 in fairs only to arrive at the garage where i am told it hasn't been fixed yet!!

they have told me that they replaced the damaged shock but it is still sitting uneven. he even agreed its not a genuine shock so it wont match the others on the car. however there is still an issue with the car not sitting level and they don't know how to fix it or do anything more.

 

At this point i asked for a full refund as I have been without a car for 2.5 weeks, paid for an item that isnt fit for purpose and it seems that they are both unable and unwilling to fully fix it.

 

they firmly rejected my asking of a refund.

 

My bank (HSBC) have said they 'may' be able to help if i fill in a load of forms in trying to get my money back.... but it may be a lengthy process.

 

the garage have both my money and my car and i am no further forward.

 

I have lost all faith in the garage and alarm bells are ringing all over the place to avoid them. I dont want them to bodge the job only for something else to go wrong.

 

i just want a full refund plus travel expenses for all my messing around.

 

can anyone shed some light on the best action if the garage is flatly refusing to help in and just keeps ignoring me?

 

matthew

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What is the name of the garage? – Or are you trying to protect them?.

 

Well done on recording your calls. Do this all the time. You will never regret it.

 

Write them a letter setting out everything that has happened and telling them that you reject the contract because of their breach.

 

List out what you want them to do –

 

Full refund

expenses

any other losses

 

Tell them that if you do not have the money within 14 days that you will bring a claim in the County Court and without any further notice to them.

 

Don't make this threat unless you are prepared to go through with it. Please note that a claim of this size would normally go on the multitrack and that means that in the event that you lose there could be some question of costs against you. However, on the basis of what you say, there is zero chance that you will lose.

 

You will be up to claim some costs at £18 per hour so make sure that you keep a close log of all the time you spend researching, writing, phoning – and everything concerned with the case and when you win the case, apply for those costs.

 

Are you sure that this garage is a stable business that is not likely to go into administration overnight?

 

If you are at all worried about that, then you might be better off collecting the car and getting it repaired elsewhere and then simply claiming for the repair bill. If you like the car a lot then this might be a better way forward anyway. It's up to you

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What is the name of the garage? – Or are you trying to protect them?.

 

Well done on recording your calls. Do this all the time. You will never regret it.

 

Write them a letter setting out everything that has happened and telling them that you reject the contract because of their breach.

 

List out what you want them to do –

 

Full refund

expenses

any other losses

 

Tell them that if you do not have the money within 14 days that you will bring a claim in the County Court and without any further notice to them.

 

Don't make this threat unless you are prepared to go through with it. Please note that a claim of this size would normally go on the multitrack and that means that in the event that you lose there could be some question of costs against you. However, on the basis of what you say, there is zero chance that you will lose.

 

You will be up to claim some costs at £18 per hour so make sure that you keep a close log of all the time you spend researching, writing, phoning – and everything concerned with the case and when you win the case, apply for those costs.

 

Are you sure that this garage is a stable business that is not likely to go into administration overnight?

 

If you are at all worried about that, then you might be better off collecting the car and getting it repaired elsewhere and then simply claiming for the repair bill. If you like the car a lot then this might be a better way forward anyway. It's up to you

 

 

thank you very much for the response. I am not protecting the garage but having logged a complaint with HSBC and if it does go to court in anyway i wouldnt want to jepodise the case by naming and shaming them on an internet forum - not even sure if that is the case... just being over cuasious i guess.

 

I do like the car, but i am simply worried that what they are trying to do to the car will be a bodge job repair. I have zero faith in the company/garage.

 

They are based on the side of the road and have several cars in the 'Showroom' which is basically in the back garden. however in their office a wall of keys which must be 100 or so keys...i am told they have a lock up a few miles away where they keep and prep the cars that they don't have room for.

 

I am clueless as to what companies can or can not do in terms of folding over night and starting up another name the next week etc..... I just don't want to get royally fleeced here. It worried me how calm he was when I said "OK I'LL LET THE BANK TAKE LEGAL ACTIONS TO GET MY REFUND".

 

I simply want my money back so i can go and buy another car from a more reputable and 'safer option' dealer.

 

is there anyway they can fleece me by going bust and saying "Sorry sir.... the company folded."

 

one more thing....... should i cancel the tax or declare it off the road? cancel insurance as im not using it.....but i am still legally the owner. I would hate to think they are driving it around London and i wouldn't have a clue about it.

 

thanks for your help..

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Hi mpa208

 

Welcome to CAG

 

The bank should refund under the 'Chargeback' scheme, so give them all the information they require. Send the forms back Recorded Delivery. The bank will make it as difficult as possible, but persist. They might not refund your expenses, in which case you could take them to the small claims court to recover the expenses.

 

You've rejected the car and it's been returned to the dealer.

 

They can't repair but won't refund. You've already put in a 'Chargeback' claim into your card provider.

 

http://www.which.co.uk/consumer-rights/problem/how-do-i-use-chargeback

 

Here's some info Dealers - Second Hand Cars:-

 

http://www.norfolk.gov.uk/view/NCC094699

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