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Please help!! used dealer will not refund


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Hi,

 

I am in desperate need of help! ill start from the beginning.

 

On August 31st i went to a used dealer to look at some cars as mine broke down. I spotted a car and phoned my brother in law for his opinion. My brother in law informed me that his friend actually works at this place so he will be able to get me some money off so to leave it with him and he will pick the car up for me tomorrow.

 

My brother in law phoned me the next day and said he can get me the car for £2000 (original price was £2595) I asked him was it all in working order and drives ok? he said yes. I sent him the money (Bank transfer) and he purchased the car for me.

 

The next day I heard a grinding coming from the engine and the ABS and Traction control warning light illuminated. I then spent 15 mins in a car park as the car would not start, i kept getting a car with a wrench warning light. There was no sound from the engine when the key was turned. This has happened on a number of occasion and i have as of today had the car for 9 days.

 

On day 2 i phoned the dealer and told him i am not happy with everything and would like to reject the car and have a full refund. he told me that as £600 was knocked off this was a trade deal so i have no rights to a refund. He then said i would need to speak to his partner.

 

On day 4 i went to the dealers and spoke to the partner who said i did not buy the car from them. he stated the car was sold to my brother in law and its nothing to do with them who he sold it on to.

 

In the end i agreed to pass them the car back as they requested while they fixed the problems. they said the car was throwing out a code about the camshaft sensor so they re programmed the key which solved all issues. I got the car back yesterday and every issue i reported is still there, the car did come back with a nice big scratch on the rear bumper.

 

I phone the dealer again today to be told that there is no problem with the car and i would not be getting a refund. When i said you leave me no option but to take the legal route he said i dont have a leg to stand on as i dont have a receipt. (all that was given to my brother in law was a card payment receipt) however i do have a printed copy of the advert from their website.

 

Please help me get my £2000 back!!! if you need any further details let me know.

 

Thanks

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You are right court action may be the way forwards

You can reject the car

May be your brother in law needs to take the action on your behalf

If i have helped in any way hit my star.

any advice given is based on experience and learnt from this site :-)

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They say these things because they are a company and you are just little ole you so should be really scared. Send him a rejection letter by recorded delivery details the date of purchase, (I'm assuming you have the log book ?) the differences in the car and MoT

compared with the advert and give him 7 days to come and collect the car as per the Sale of Goods Act. End the letter if he doesn't respond by 7 days, action will be taken without further notice.

 

 

Don't say that though if you aren't prepared to go all the way to court.

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I do have the v5c but it is in the owners name who sold it to the used dealer. It's blank also, they didn't sign it. I haven't sent it off as yet as I've been trying to reject the car since day 2.

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Hang on a minute.

 

 

Your brother in law bought the car, any argument is between him and the garage, the garage will just say 'we never sold Mr X thecar' and they would be right.

 

 

You need to take this up with BIL and get HIM to reject the car.

 

 

If he has indeed bought it as a trade sale with a proper trade sale invoice from the garage then you may well be stuffed I'm afraid.

 

 

But the fact remains that the garage do NOT have to fix the car as they never sold it to you, your BIL did.

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Hang on a minute.

Your brother in law bought the car, any argument is between him and the garage, the garage will just say 'we never sold Mr X thecar' and they would be right.

You need to take this up with BIL and get HIM to reject the car.

 

If he has indeed bought it as a trade sale with a proper trade sale invoice from the garage then you may well be stuffed I'm afraid.

But the fact remains that the garage do NOT have to fix the car as they never sold it to you, your BIL did.

 

That is exactly right and I, for one, didn't read your original post closely enough.

 

If this is a trade sale, which it sounds as if it is, then there will be no rejection possible by you. You need your bil involved, put the blame on him, he assured the car was fine and it is him who will need to sort it out.

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He didn't just 'pick up' the car though did he?

 

 

He bought it, paid for it and presumably it was invoiced to him.

 

 

It was, at that point, his car.

 

 

And when you paid him for it, it became your car.

 

 

I'm absolutely convinced that CAB are absolutely wrong,and that any dispute is between buyer and seller - ie your BIL and the garage. it simply cannot be any other way

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The crux of the matter is who did the OP pay, the bil or the dealer. If he paid the dealer then there is a case potentially but if he paid the BIL then not a chance, it becomes a private sale.

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