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Hills Prestige of Lymington - defective vehicle,


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Hi, we bought a car for £26k,

 

the following day the batteries failed, sorted by garage,

then noticed a coolant leak, sorted by me,

discovered the car had been in significant accident,

service history was incomplete.

 

The car was advertised as being immaculate and being well cared for and having a comprehensive service history.

 

We rejected the car under CPA 2015, garage did not comply.

Then we tried an ADR (RAC) who were useless, claiming the car was a trade sale! 

 

we are not a trader, did not sign anything agreeing to a trade sale.

 

So have now been advised by CAB that we could use Money Claims Online.

 

Do you think we have a good case?

 

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name names and whats the car and it s age?

and some dates of each issue please

 

the old trade sale dodgy went out the window a few years back.

 

 

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi dx100uk, thanks for your reply,

 

The garage  is Hills Prestige of Lymington, https://www.hillsprestigecars.co.uk/ 

vehicle purchased 11.12.20, paid by Debit card,

 

car rejected, letter sent 6.1.2021,

 

vehicle is a 2013 Toyota Landcruiser.

 

Battery issue 12.12.20, the garage paid for new batteries, 

 

coolant loss a few days later which I fixed.

This is when I noticed there was accident damage which had been repaired,

 

I have had an independent inspection confirming accident damage.

 

We also didn't realise at the time of purchase that the garage was selling the car on behalf of someone else.

The service history was 8 months out of date, but was advertised as it being full and comprehensive and well cared for. and the car immaculate.

 

 

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Please will you post up any documents in PDF format. It's much easier to read especially for people with small screens.

Is there any evidence at all that it wasn't a trade sale?

 

Also, I expect you notice that my site team colleague has restructured your opening post to introduce them spacing and punctuation.
It would be helpful if you would present all your posts in a way which is more accessible. You will get much more enthusiastic support and better help if people don't have to struggle to read your story.

Thanks

 

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You say that you've had an inspection which has confirmed the damage. Have you had the vehicle inspected generally to identify the defects?

On the basis of what you have told us I don't see why you shouldn't be able to rely on the right to reject – but you should understand that simply because the consumer rights act provides for a right to reject, it doesn't replace or supplant the common law of contract in any way and so you still have your general contractual rights.

In other words, regardless what the RAC say – you still have excellent rights.
We are finding that the right to reject under the consumer rights act seems to be pretty toothless and is generally ignored by most traders and people still find that they have to litigate.

 

 

When I say it was there any evidence that it was a private sale and they were simply selling on behalf of somebody else, I mean for instance was that pointed out to you in the original advertisement or by the dealer who should you run the vehicle?

If there is any basis upon which they can argue that you are fully aware that it was a private sale then it makes things a little more tricky as far as contract law is concerned – you wouldn't take the benefit of the consumer rights act although you can still fall back on the common law of contract.

It will make things easier all round if there is absolute no indication that they were selling for a private seller because on that basis, it is a trade sale regardless.

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  • BankFodder changed the title to Hills Prestige of Lymington - defective vehicle,

Yes no indication that it was a private sale until we asked for our money back under right to reject.

 

With regards to repairs, the only outstanding defects seem to be slight misalignment of ns wing, overspray on components inside engine compartment, but we were able to find out some of the parts replaced from Toyota, such as ns wing, bonnet, front bumper, front grill, A/C radiator, inner flitch plate which is poorly finished and front bumper support. That doesn’t count as Immaculate to me.

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And presumably it has been thoroughly checked out mechanically. You're confident that you have identified all the defects.

Your situation is this:

You can certainly bring a County Court claim against the dealer and on the basis of what you say, you will probably win. Under ordinary contract law, it might be considered that the breach of contract is not overly serious and you have not been deprived of substantially the whole benefit of the contract. On that basis you would more likely to be awarded a sum of damages to reflect the reduced value of the vehicle had it been correctly advertised.
Under ordinary contract law, the breach would have had to be so serious that it could be said that you had been deprived of substantially the whole benefit of the contract. This is what is called in law – a fundamental breach – and this would allow you to treat the contract as terminated.

This is where you find a difference between ordinary contract law – the common law of contract – and the statutory rights provided under the Consumer Rights Act. Under the Consumer Rights Act, because you have identified a defect and asserted your right to reject within 30 days, then you are entitled to reject the entire contract simply on the basis that the vehicle is not of satisfactory quality – even though you have not been deprived of the whole benefit of the contract because you are still driving the thing around. In other words, the car is not up to the standard that you would expect considering all the circumstances – and particularly in view of the price – about £26,000, even though it is generally speaking a working vehicle.
This is why you are better off suing under the Consumer Rights Act because I understand that you want to reject the vehicle and you would not be prepared to accept a reduction in price – although you could negotiate this if you wanted.

The complicating factor here is the value of the vehicle. If the dealer Hills Prestige of Lymington,  want to stick their heels in, then you will be obliged to bring a County Court claim against them. Where a claim is for a figure less than £10,000, the action is allocated to the small claims track. Small claims track rules concerning costs are that even if you lose your case, you won't have to bear the costs of the winner. In other words each party bears their own costs. This is done to discourage expensive litigation. It doesn't always work because large corporations don't give a fig and they will spend huge amounts of money trying to crush their customers rather than settle claims which are worth a tiny fraction of the litigation costs; all too often they are bullies.

Where the claim is more than £10,000 then it gets allocated to the fast track. This means that if you lose the case then you will have to bear a substantial portion of the costs of the winning party. This can act as a real disincentive to litigate.
The problem is that some companies use this as an opportunity to intimidate their customer – who is generally speaking a litigant in person – with the prospect of substantial costs in the event that the customer loses the action. This can put a lot of people off very understandably.

Your chances of success here are extremely good that you need to be aware that your risk factor if you lost, you might be faced with a fairly high level of costs – which could be more than £5000.
If Hills Prestige of Lymington, decide that as part of the litigation strategy they want to intimidate you, then they could litigate in a way which causes obstacles and delays and which incurs greater costs for them and they would do this simply to raise in your mind the spectre that if you were to lose, then you would be liable for a large proportion of those costs incurred.

It's a nasty – who-blinks-first – style of litigation. It doesn't always happen but it can do. Conversely, if you brought this action and you wln then they would have to pay your costs. Perversely though, because (I imagine) you would be bringing the action yourselves, you would only be able to recover your costs at a litigant in person rate which is currently about £18 per hour. I say it's perverse because if you decided that you wanted to employ lawyers to represent you, they would be able to recover their costs at the professional rate. It's also perverse because even though you might decide to try and save money and incur only litigant in person costs, if you lost the action you would have to pay the dealer's costs at the professional way of their legal representatives – assuming that they used professional legal assistance.

If you wanted to bring a legal action then we can help you all the way although of course it would be you who would be going to court. We would simply be advising you and helping you to draft your documents and advising you on strategy.
 

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Posted (edited)

wow, thank you so much for such a comprehensive reply, the vehicle has thrown up some engine management issues, warning lights etc which have been cleared with a code reader, likely to return though.  

I have been told that I could use 'Money Claims Online', what do you think? Its a new service I believe. I don't think there is such an opportunity for obfuscation and costs are limited to 4.5% of the value of the claim, I think!

Edited by 2Ridgebacks
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Yes of course. That's the only way to go. The county court system in this country is excellent and the ease Of access is probably the best in the world.

 

However, this is not something you want to rush into. We need to do some careful preparation. It won't take very long but we need to make sure that we have all the information together and also that you understand the steps involved in bringing a claim in the county court.

It's pretty straightforward but it will make you much more confident if you understand the route rather than have to ask us every step of the way.

 

Please start reading up the steps in bringing a small claim in the county court. Although I have referred you to the small claims process, there isn't a huge amount of difference when you get things going. We have pretty well all of the information you need on this website.

 

 

We also need to understand what further information you should put together if any. I would be especially interested to understand why the RAC have knocked you back.

 

Please monitor for a further reply tomorrow

 

 

 

 

 

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This the reply from RAC, we did not get a receipt, and had no idea about a trade sale. The sales invoice seems to have been created later to satisfy the RAC as there are no signatures on it, the HPI check shows it was carried out on 7.4.2021!
Quote


I can confirm we have been in contact with the selling dealership, Hills of Lymington also known as Hills Prestige and they have provided us with a copy of the vehicle sales invoice which shows that the vehicle was purchased as a trade sale, I have attached this for you. The dealership have also advised us that they were not aware of any accident damage to the vehicle and provided a copy of the HPI report, which is also attached.
 
Unfortunately, we are unable to continue with our ADR Service, as this does not apply to vehicles purchased through a trade sale.

 

I understand this was not the response you were hoping for, but unfortunately, we are unable to assist you further in this instance. I would recommend seeking legal advice for guidance on what your next steps would be.

 

 

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forget the trade sale con

it's NOT a trade sale and wouldn't matter even if it was..you paid via a debit card draw against a personal bank A/C which is obviously not a trader, under a business account and a trade.

 

not sure why the RAC even mentioned trade, they must know its a total red herring and has even been on watchdog and rouge traders about this con numerous times as well as court cases!...shame on them!!

 

you paid the dealer, look at your bank A/C... you didn't pay the owner that the dealer was selling it supposedly on behalf of. another untrue get out con.

 

 

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Is there a misunderstanding here?

 

I had gathered that the dealer had said that they were selling on behalf of someone else - a private owner - and therefore the sale was not a trade sale and therefore not subject to the 2015 Act.

 

But my site team colleague is suggesting that this not be correct and that in fact the dealer is saying that they sold the car to you and that you were buying it as a trader and therefore it was a "trade sale" and therefore not subject to the 2015 Act.

 

In fact going back over the posts so far I see that both scenarios may have been suggested.

The RAC seems to be saying that the sale was a trade sale - within the trade.  The dealer seems to be saying that they were selling on behalf of someone else - I am presuming a private owner on commission.

I suppose that we had better clear this up - although if no indication of any of this was given at the time of sale that it is a standard consumer contract and subject to the 2015 Act.

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I think we need to see the RAC report

We need to see the advertising which was used to sell the car

We need to see the exchange which you have already had with the dealer.

 

We will also need to see this invoice or other evidence that people are relying on to suggest that it is a trade sale.

Please can you post these documents up in PDF format - single file multipage. The right way round and in the correct order

 



Also, it is likely that you will have to litigate on this. Are you prepared to do so? Are you happy to do it on your own with our assistance?

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Posted (edited)

can you explain 'single file multipage' please.

I am having difficulty converting some files to PDF, Adobe says 'not supported file' I do have however the advert transcript provided by Auto Trader in PDF format.

 

I can confirm that we were not given an invoice, the invoice the RAC have seems to be a fabrication and it is not signed by us.

They also produced an HPI check, which again we were not given, supporting the fact that they were un aware of any damage, interestingly it is dated 7.4.21! I will attach this too.

We were only aware the dealer was selling for a third party when we sent a letter rejecting the car.

 

 

Edited by 2Ridgebacks
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read our upload<<clickme guide 2RB.

 

there are websites that will convert things to PDF listed

or just type in a browser 'online convert to pdf'

 

 

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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you paid the dealer, you got charged VAT. cant be a trade sale. nor negate your rights

'selling for someone else' is BS, again you paid the dealer look at the payee on your bank statement its the dealer

 

Trade Sale - Sold As Seen (dragon2000.co.uk)

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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In terms of a single file multipage PDF file, I'm referring to a single file which holds several pages.

So instead of scanning a document of, say, five pages into five separate files, all five would find themselves in the same file and then within that file, one can simply move from page to page.

If you don't have a scanner – then get one. For the amount of money you are trying to recover here, an outlay of £70 or £80 is nothing for a scanner and it will last for years. When you start scanning, you will have an opportunity to add a new page and then another page until you have scanned all the pages in your document.

It won't take you long to understand it and it will always be a useful thing to do

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Hi.

 

Our upload guide tells you how to merge multiple pdf docs into one file. This makes it easier for everyone to read and advise, especially those working from a phone.

 

HB

Illegitimi non carborundum

 

 

 

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Quite a lot of questions to ask and some that is to write so please check back to this thread tomorrow

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Very sorry but I had a rather complicated weekend and I haven't managed to get back to this. I will respond tomorrow during the day

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However, I still don't understand what they mean by a trade sale and what evidence there is for that and why the RAC accepted that.

 

So far as I can make out, that would be the only possible defense they might have to an action involving the consumer rights act. In terms of an action simply based on the common law of contract, then a trade sale would not amount to a defense in this circumstance because you have the other spend which says that the car was in immaculate condition.

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I also did not sign anything agreeing a trade sale, the document the RAC produced is a fabrication.

There is also the matter of the incomplete service history, and the faults days after collection.

 

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You don't need to have signed an agreement to make it a trade sale. It could simply be the circumstances that it would be a trade sale. Normally speaking this would mean that you were buying as a trader in the course of business and they were selling as a trailer in the course of business.

This is what I understand as a trade sale

 

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