Return of vehicle, distance sale

[Aton2244]

Yes, I did write before I offered to accept £1775 without prejudice, 

 I'm presuming I can withdraw the offer of settlement if he does not agree to be let off so lightly,

 

 

see further up for my correspondence today from TS,

not only had he committed a crime by omitting required pre contract information, 

the dealer told me in an earlier email he had no idea of the legislation etc.

 

I pretty much answered that it wasn't my problem he didn't know,

and as a trader he should be well aware of any and all legislation. 

 

Pretty fed up with the whole situation at the moment to be honest,

I can pm the email received by the trader for more insight of what I'm dealing with.

[Aton2244]

3 minutes ago, Manxman in exile said:

Aton - I see you've reacted to my post.  Note I've edited it since you read it.  I added the bit in asterisks about reasonable timescale.  Like I say don't just rely on me - see what others say too

many thanks for your response, to be honest I think I have given him enough time, he says he has always been willing to resolve however the offers of a refund haven't come before the last 48 hours,  so I presume either TS have been on to him or he knows I mean business about my rights as a consumer and won't just roll over and go away. 

 

I can't see ADR not going in my favour to be honest so I think that might be the next step in all honesty because I'm all bit annoyed at being more than 400 out of pocket if I do go for £1775 and that was me being generous and trying to meet him half way on his deduction of 150 from the cost of the car... now he's saying it will take him 3/4 days to collect the car and get it back because of his health which is totally irrelevant,  as it was seemingly perfectly fine when he sold me the car.

[dx100uk]

he doesn't know what TS said exactly to you so don't exactly tell him.

 

i'd email him telling him that

 

I have today received a reply from trading standards regarding the issue,

i now remove forthwith my offer of settlement @ £1775.

 

the offer of settlement is now (what you think is owed)

 

i give you 24hrs to settle the issue as i now have a very tight response time limit regarding TS concerning both the criminal and the consumer matters they refer to.

 

for want of clarity, by xxx time on xxx date, should £xxxx not appear in my bank account, legal matters may well escalate quickly and might be out of my control .

 

 

 

 

 

[Aton2244]

Could I pm you a copy of today's correspondence with the dealer dx100uk? 

 

I'm not sure he would respond to the suggestion you have just put forth, although I do agree it is a good one...

[dx100uk]

if you wish, but he's been dangling you like a fish from dayone...

[Aton2244]

Very true! But unfortunately for him I'm a bit like a bowel movement that won't flush!

[dx100uk]

as  PM advice is not allowed for the record...

 

other than names the PM msg of emails quite is ok to go to this thread

and it's total BS on his behalf,

 

he knows full well the legislation and has taken you for a fool from day one.

nothing he is saying will ever sway a judge.

he has been trading for years i bet...

 

send that email.

[Manxman in exile]

dx100's suggestion at #128 is better than mine - it's more immediate and more no-nonsense than my suggestion.  And yes, the dealer's stringing you out for more time.

 

The only thing I would try to work into dx100's wording is something to clarify that the dealer had rejected your offer before you are now withdrawing it with immediate effect.  I don't think it's absolutely necessary but just ties up the loose ends.

[dx100uk]

him rejecting the offer bears no relevance

 

 

[Aton2244]

I will email dx100uk 's suggestion in the morning,  I completely expect to be ignored but I shall inform TS and advice Direct of the correspondence between myself and the dealer over the last couple of days.

[dx100uk]

you need to clarify with Advice Direct that the scottish legal system is the correct one to use rather than MCOL CCBC as the trader resides in england and sold it in england too

[Manxman in exile]

I think referring to the dealer's rejection of the OP's offer can be relevant because it explains and justifies the OP's subsequent withdrawal of her earlier offer.

 

It may not strictly be necessary (dx might argue that the OP's withdrawal of the offer need not be justified and the reasons for it can be inferred from events) but to my mind it puts the OP's withdrawal of the offer clearly into context and explains why, making it easier for a third party to follow the events.

 

As I say, I think it's relevant but I don't think it's necessary to the OP's argument, so it can be omitted.

 

(Of course, there may be other reasons why dx100 thinks it not a good idea to touch upon the rejection, but I don't think it's because it's irrelevant?)

[dx100uk]

no the withdrawal is immaterial to the fact that TS are now clearly stating they confirm, in writing, there are serious criminal and consumer issues regarding the whole transaction. detracts from that very important development. 

 

TBH all that has gone before is now somewhat irrelevant.

 

 

 

[Aton2244]

Update : final chance to the dealer to accept £1775 to end this debacle now or if he refuses I am about to proceed through to consumer arbitration service,

 

To be honest I was ready to just proceed with the arbitration, however my dad pointed out this could well not be decided until after Christmas and in all honesty I just want it to end now, 

 

I notified him I need a response today and that as well as a civil element there is also a criminal element to this case and if it goes to ADR he is likely to have to fork out significantly more than the £1775. He has read the email however as yet has not responded, so if he does not respond by 3.30pm today I will start proceeding through  ADR.

[dx100uk]

ADR is not binding.and i doubt any charges can be added.??

[Aton2244]

As far as I am led to believe arbitration is binding. 

[dx100uk]

who's it with?

 

dx

[Aton2244]

Consumer arbitration 

[dx100uk]

there are 100's of them - what are their contact details please?

 

[Aton2244]

2 hours ago, dx100uk said:

there are 100's of them - what are their contact details please?

https://consumerarbitration.co.uk

 

 

He has finally accepted my  £1775 to collect the car next Sunday,  if for whatever reason he refuses to take it when he gets here (I doubt very much) but on the unlikely chance he does it will proceed through the above company. 

 

Will keep updated 

[dx100uk]

https://consumerarbitration.co.uk/complaints-we-can-deal-with/

 

Complaints we CANNOT deal with

We cannot deal with complaints about any of the following sectors:

• Financial institutions (i.e. Banks)
• Vehicle sales and servicing
• Utility providers (water, gas, electricity)
• Phone service providers
• Solicitors
• Other professional providers

[AndyOrch]

Not much left once you discard the above....

[Aton2244]

https://www.tradingstandards.uk/commercial-services/adr-approved-bodies/consumer-arbitration

 

They have other sectors they cover.

Edited October 2, 2020 by Aton2244

[Manxman in exile]

If you're happy with the £1775 as the price to accept to draw a line under this, then you should view it as a result.

 

Make sure he coughs up, though!  And well done for persevering this far.

 

(And I know you explained from the outset why it was cheaper to get a car from B'ham than it was from Scotland's oil capital, but the point BankFodder made early on is one to note.  An awful lot of the used car complaints here and on other forums are simply made worse because the buyer buys a car virtually unseen from several 100 miles away, and when there are inevitable problems, they're stuffed.  Try and buy closer to home)

 

PS  Gotta ask!!!  Is it possible to see a photo of the blue "wrap" on the car?  I'd like to see how bad it is...

[Aton2244]

I'm not overly happy but it means one area of stress from my life is over! I would have been putting a case to ADR had he not agreed to the £1775 on the principle of getting my full coats recovered. 

 

He has become particularly chatty now and is asking me to do this and that  eg write a receipt/take pictures of the car/asking if it starts and drives (I've never once driven it) , be available on the dates and times he is booking to come up, I explained I had a lot going on this coming week and can't do much about that and considering I have been seeking a refund since the 28th of August I offered the following weekend which would be better all round, he said he is coming on Sunday,  still not ideal but I could be around at some stage. 

 

I agree maybe buying closer to home is a better case, however many people do buy from down south up here, the car i drive now I bought in Peterborough,  I did pick it up after travelling down there because I didn't have so many commitments back then and it has been a great car, the problem is more to do with dodgy car dealers who lie inherently about a vehicle in the advert and don't provide you with the things they're supposed to. 

 

I would take a picture however the car is at my dad's and it's not visible in pictures just how bad it is, otherwise I wouldn't have bought it in the first place!