Traded in car now dealer wants a contribution to fix

[afcwben]

I part exchanged my car it did not have an mot but I agreed to pay to put it through and it needed a new headlamp The issue I have is the dealer says the supercharger does not work I had no idea about that and he has given me the option to pay 50% or rewind the part ex and give me my car back. I have said I will pay the 50% but thinking about it is that right and being a dealer isn't that something he should have ascertained during the part ex? Any advice gratefully accepted. Thanks

[heliosuk]

No chance. Tell him where to get off. As a dealer it's his responsibility to check unless at the time of assessment you have deliberately concealed somehow the fact it was faulty.

[oddjobbob]

No chance. Tell him where to get off. As a dealer it's his responsibility to check unless at the time of assessment you have deliberately concealed somehow the fact it was faulty.

 

absolutely.

[Conniff]

What car is this afcwben ?

 

Not a lot of family saloons with a supercharger today except for the higher end.

[afcwben]

I traded in an SL55 AMG. So today I recieved an email from him with a proforma invoice for £5,608. They state they are completely within their rights to take back the car I booughtbecause my car was not as described. I didn't describe much other than to say it had no MOT and required a service.

 

He states that if I had service and maintenance carried out then the supercharger issues would have been bought to my attention, it never has. He also stated that as the car did not have a valid MOT then it was not possible for him to do a sufficient test drive, surely that his problem isn't it?

 

What do I say or do?

[afcwben]

When I said this " if I had service and maintenance carried out then the supercharger issues would have been bought to my attention, it never has." meaning I have had it serviced and maintained and this never came up

[liverpoolluke]

afcwben, can you confirm you are an end user ?

 

dealer to dealer transaction's are as is and no come back's

 

dealer to end user the end user has all the weight of the law behind them

 

assuming you traded your car in for a higher priced similar marque vehicle he hasn't purchased the car from you, simply given you an allowance on part exchange (which was propaply well under it's resale value)

 

however (and please don't quote me on this as I MAY BE wrong) if you traded your car in for a cheaper marque let's say audi A4 and the garage has given you money or paid of finance on your behalf then it may be a different story all though strictly you are the end user and he is the dealer

 

can you confirm the type of purchase (in case it does matter) IE traded in the SL55 for a more expensive / newer car or for a cheaper marque and got cash back

[heliosuk]

Sorry to say but I smell a rat here. You cannot possibly own an Amg merc with a faulty supercharger and drive it normally. Dash lights would be lit up like a Christmas tree let alone the fact it wouldn't pull the skin off a rice pudding.

[afcwben]

@liverpoolluke, yes I am an end user and I did trade it in for a highr priced marque. I bought an F Type Jaguar Cabriolet, recieved no cash back the Jag was less than 2 years 10k on clock so was not cheap.

 

@helios. There were no lights or any fault alerts, I didn't think of that but now you said it there should have been fault lights, wouldnt there? to me it seemed to drive normally

[liverpoolluke]

As an end use you don't have to pay for anything tell the dealer to whistle

[unclebulgaria67]

@liverpoolluke, yes I am an end user and I did trade it in for a highr priced marque. I bought an F Type Jaguar Cabriolet, recieved no cash back the Jag was less than 2 years 10k on clock so was not cheap.

 

@helios. There were no lights or any fault alerts, I didn't think of that but now you said it there should have been fault lights, wouldnt there? to me it seemed to drive normally

 

It was up to the dealer to check the car, before the part exchange was agreed.

 

If there was no agreement on costs of fixing the Merc beyond MOT and headlight issue, them it is just an expensive mistake by the dealer. Why did tbe dealer not just deduct a sum relevant to MOT and headlight from the deal ? That would have bedn logical.

 

Suggest that you don't communicate with the dealer. If they wan't to go to court let them try. I can't see them getting anywhere, unless they had proof you agreed to pay for works on the Merc or you did not disclose information you were aware of.

 

The dealer could have carried out a diagnostic check on the Merc before agreeing to the part exchange, if they were concerned about the car.

 

Check all of the paperwork you received from the dealer, just to make sure you did not sign agreeing to anything which would be unhelpful e.g about works to the part ex trade in car.

[afcwben]

@Unclebulgaria67. Thanks for thisI will recheck all the paperwork but I am 100% sure it does not go beyond the MOT. Mercedes did run a full diagnostics on the car last summer when the ABC pump had to be rplaced, the car had only done about a 1000 miles after that as I store my car for the winter.

 

The dealer has clearly made a mistake and I think he is trying to bully me on this, I will take the advice and see if he does go to court

[afcwben]

I bought this car 1st April and was today wondering where the log book was and now in excess of the 6 weeks DVLA ask us to wait. I rang DVLA and they have no record of recieving this. I did not take the green slip. I do have a bill of sale and it is finance I presume filling in a V62 will suffice?

[liverpoolluke]

how have you managed to tax the car? write to the dealer request green slip, once you do get any part of the logbook before sending it off talk to dvla

 

the dvla have a habit of canceling tax on a car when a new owner buys it

[Conniff]

It's not a 'habit' L, it's now the law that the tax is ends the moment the car is sold.

 

Have you had any further demands from the dealer afc ?

[afcwben]

@Conniff. No further demands from the dea;er, I have filled in a V62 and sent that off.

@liverpoolluke. I have been paying tax monthly by direct debit.

[Conniff]

You probably won't hear any more. He was chancing his arm, you can't blame him for that, others might not be as switched on and just paid up.

[liverpoolluke]

@Conniff. No further demands from the dea;er, I have filled in a V62 and sent that off.

@liverpoolluke. I have been paying tax monthly by direct debit.

 

so do you have the green slip from the old logbook as you need a V5 reference number to get tax, what ever you send to DVLA photograph everything you send for your own sanity !

[afcwben]

@liverpoolluke. no green slip he sorted out the tax for me on line, I am not really worried about it I have a sales receipt and finance agreement, just a pain in the nexk and cost me £25

[liverpoolluke]

That maybe another part of the problem, if he's done it all correctly your logbook should have arrived by now, however if he's done it wrong the car will still be registered to you and when you do sort out the logbook the tax maybe canceled