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Ozzy16

Ripped off by car dealer Junctioncity Cars Dewsbury

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Hi i am ozzy 16

i am a year old pensioner with a terminal lung disease and not expected to live beyond August. 

 

On the 4th june i bought and paid for a car from junction city cars Dewsbury

delivery was promised for the following Sunday

no car has arrived

 

another 4 dates were arranged but the car was not delivered

at this stage they stopped answering emails and telephones

 

after a couple of days they called to tell me that the car had a problem with the injectors and I could either wait until it was repaired or i could cancel the deal which I chose to do and they would return my money £2650

 

then a few days later they contacted me to say that as i had accepted the car i would have to take it and i would not be getting my money back it is now the end of July

i have no money and no car they will not answer emails or telephones 

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How did you pay for the car?

 

Also, did you purchase this car online or did you purchase it by visiting their showroom and selecting it.


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The car was paid for by bank transfer i have contacted my bank but therecis nothing they can do i also contacted citizens advice 

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Yes I'm afraid that paying by bank transfer is pretty well the worst thing you can do. You haven't told us whether you bought the car online or by visiting the showroom.


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I bought it on line as i am disabled and junction city cars had great 5 star reviews this was the first time buying a car on line

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Thank you.

I suppose it won't make a lot of difference in the end but as you bought it online, you have a 14 day cooling off period. The 14 days begins from the date of delivery so you are entitled now to reject the vehicle and demand a refund.

So I suggest that you begin the process by writing them an email and confirm it in a recorded delivery letter telling them that you are now asserting your rights under the 14 day cooling off period and you are rejecting the vehicle and you want a refund.

Although you don't need to do this, tell them that if there is any question of this then under the consumer rights act, you are also rejecting the vehicle under the 30 day right to reject on the basis that they have not delivered the vehicle within a reasonable time and clearly also it had defects which rendered it not of satisfactory quality.

Get this email of this evening and get the letter off tomorrow morning – recorded delivery – signed for. Send a second copy just ordinary first class post in case they refuse the signed for delivery.

Now we have a very awkward problem here and that is that you are dealing with a dealer which clearly does not have any particular intention to cooperate with you and to respect your consumer rights. In ordinary circumstances this might be tricky but in view of the fact that you apparently have a very limited time left to live, we need to take urgent action.

The first thing I need to ask you is whether you have somebody who is able to act on your behalf when you die. I'm asking this because I'm going to suggest that you begin a legal action pretty well immediately but as you apparently will not be around to continue the process, you will need somebody who has the necessary third-party approval to continue it for you.

Normally speaking you would have to implement the pre-action protocol which means that you have to give the other side 14 days notice. However, in view of the fact that this is been going on for almost 2 months, your rights are clear, and given your rather precarious personal circumstance, I can't see any objection to you dispensing with the pre-action protocol and issuing a claim immediately.

So the question is do you have somebody who can take over an act for your estate? Have you left a will?

Also, does the garage know of your personal circumstance?


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I should add now that if you do have somebody who can act for you, you would be well advised to leave them a written note of the details of your account on this forum including your password. It would be helpful if they are already familiar with this thread because we will be happy to help them and guide them through the process.


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I have a partner who can take up my case the garage does know of my health issues but it makes no difference to them they still do not reply to emails . I have a ready sent a registered letter demanda return of my money

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I'm not suggesting for a moment that the garage will be sympathetic to you because of your condition. Quite the contrary. I'm wondering whether the garage, knowing of your condition might have decided to take advantage of it on the basis of once you're gone, the money is probably their's for keeps.

In order for your partner to deal with your case, I expect that he/she will need a power of attorney which specifically addresses this issue. I'm not sure how to set that up and you would be well advised to look on the Internet.

In the meantime, do you want to take legal action? The chances of success, on the basis of what you have told us are much higher than 95%.

I have to say that it seems to me that having entered into a contract to purchase a vehicle when you know that there is so little time left – you are a very optimistic person. Bravo


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I would 

Definitely consider taking legal action if i could afford it my doctor told me last year i would be dead by August but i have no intention of proving her right

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Well with our help, you can do it yourself or your partner can do it for simply the cost of the court fees and also the hearing fee if it comes to that.

I'm not sure what the claim fee is for a claim for £2650 but I expect that it is only about £150. If there is a hearing then the hearing fee might be a couple of hundred. You will have to look on the County Court website to see what the latest fees are

Is your partner familiar with this thread already? It would be a good idea if they were


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I would like all the help i can get

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I have suddenly thought of a better way. If you would be prepared to speak to your local press then I'm absolutely certain that they would run this as a story and that the dealer would suddenly behave themselves. This could produce a very fast solution instead of the months that it will take to get a solution through the courts.

Why don't you send me an email to our admin email address with your contact details including your phone number.

However you must send them the formal letter rejecting the car and terminating the contract on the basis that I have described above. Make sure you have done that straightaway. Apart from anything else, a garage that behaves like this with a car of this value – they will end up delivering you a vehicle full of defects and it will just be a never-ending nightmare. You don't want that for yourself and you don't want to leave that your partner


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By the way, you bought this car online. Where are you in the country? Presumably the car is in Dewsbury


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Yes, get you local paper and the local news in Desbury to take an interest.

I bet that the business will have already come to the attention of the local paper and somehting thsi cut and dried will make their reporting  an easier job then most customer complaints

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also have a moan at Which? and Autotrader, they both can do things if they wish.

See what social media the company uses andget leaving factual but harsh comments such as company doesnt obey distance selling regs or CRA and a short version of your story ( miss out all detail of illness for this)

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I hzve already been on to autotrader as they recommended this dealer and okayd all of junction city reviews when i contacted autotrader they said they would look into it and let me know never heard anymore 

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You won't hear anything more from these people. They just want a quiet life and they really don't care. You might like to open up a page for this company on trust pilot and post a review there and also add a review to the Google reviews.

I have contacted a journalist in Dewsbury who will be getting hold of you soon – I hope.

Please let's know what happens. I'm afraid that given the fact that you are in Scotland and the dealers are in England, we are looking at a fairly complicated situation here.


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Thank you very much for your help i have already left a review on trust pilot and nothing cane of that what i do not understand is how junction city cars can have so many 5 star reviews and they are verified by autotrader 

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Don't imagine any instant results from negative reviews.

Do you have any access to anybody in England with an English address from which you could issue proceedings? That might be the users – although you would still have to attend court there in the event that there was a hearing.


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No not really also i must be on oxygen 24/7 although i can get out and about i must have an oxygen supply with me and they only last a few hours and i cannot stay away from home overnight without my oxygen concentrator, nebulizer, spacer and other equipment 

 

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I reported this to fraud Scotland who have now passed it to police scotland who now are going tl send an kfficer to interview me and then they will transfer the case to the appropriate English polce force

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good move. Well done on managing to get the police to pay attention. Maybe it's because you're in Scotland or maybe it's because of your circumstances. I have the impression that in England it would be quite difficult

once again, stick by your guns. Do not accept delivery of the car under any circumstances now. You have no idea of its condition and you do not want to get stuck with a defective second-hand vehicle which then has to be returned to Dewsbury all the time. This will be the worst possible outcome.


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Actually 

The car had a 6 month  nationwide warranty and the price was what  i paid after my trade in had been deducted and i have since then bought another car from a showroom this time and am very pleased as it suits  y condition.  When they agreed to cancel  i went ahead and bought another 

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I am also waiting for trading standards to get in touch as i reported this to citizens advice and after hearing the whole story said they would report it to trading standards who should be in touch within 5 days 

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