Motor Firm, Peterborough. sold dodgy car and now won't transfer money back after collection

[BankFodder]

Everybody should expect to be scammed by dealership, especially when they want cash.

No exceptions.

 

Yes, I think she should sorn the car.

What about the MOT station? Why aren't we getting this information?

[Stoprun1]

Well yes, we will know this now going forward now.

 

She has sent the MOT certificate through now which she got when they delivered the car. I have attached it now. She is try to access the most recent MOT online as we never received a copy of this after they collected the car.

 

Thanks again for your help with this. I will suggest SORNing it. 

IMG_20220309_094934-converted.pdf

[BankFodder]

I had thought that we had been given the date of purchase and the date of delivery of the car – but it doesn't seem that we have done.

Please can you give us a chronology

[BankFodder]

????

[BankFodder]

 

 

[Stoprun1]

Sorry, I didn't have access to wifi/signal this afternoon and was unable to get online to let you know i would send it asap. I am now able to post again. 

 

Here are the details - 

 

22nd - Jan test drove the car in peterborough at motor firm and paid the deposit.

 

25th - Jan bank transfer of funds into the dealership bank account.

 

27th - Jan car was delivered after the MOT and windscreen had been fixed. 

 

29th - Jan drove car and noticed the wobble and noise - took it to protyre for the wheel alignment, issues were noted by the mechanics, wheel alignment and tracking didn't help, told that they were shocked car was sold and that the break pads/disks had not been done as stated in the MOT. metal to metal and dangerous to drive.

 

29th - Jan messaged and called the salesman and told him there were problems

 

31st - Jan mechanic (who's letter I posted above) did inspection - suggested returning the car. 

 

31st - Jan sent a messaged and said that I wanted to return the car as it was faulty and dangerous. 

 

Sent the letters from the mechanics, her own letter stating she wanted money back and car collected to the motorfirm email address. The director responded.

 

Alot of back and forth emails, whatsapp messages and phone calls etc, getting them to agree to collect the car. As well as posting a registered letter (CAB told to do this) which was accepted by and signed by someone at motor firm.

 

After this the director emailed from company email to say that they will have it collected and refunded 24-48hrs after collection. 

 

6th - Feb Car was collected by the salesman that delivered and who we have seen and has been to our house etc. He signed paperwork stating the car is now in their possession, they have it and they will be giving the refund within 24-48hrs.

 

6th - Feb received email asking for MOT certificate and that the refund could only be done when she had V5 back from the DVLA so that it could be put back into the company name. 

 

3rd - March Received the V5 and emailed and whatsapp'd to say the V5 was delivered and to please pay the money and they V5 can then be completed online for them.

 

Director replied to say it would not be done until the following Monday (7th March) and when asked why the reply was that it just wouldn't be before then.

 

7th - March - She messaged to say that there was no receipt of payment for the car. 

 

7th - March - Director responded that the salesman's mom had passed and that he had left to his home land, and would only be back in 2 weeks, and that they could only do the transfer when he was back.

 

When questioned on this as he is the director and should have access to funds and legal help would be sought (someone also phoned to see if the salesman was in the office to talk too) the director whatsapp'd and said that it will only be in 2 weeks, seek legal advice thats fine, and don't call the sales line as he will contact the police and report her for harrassment. 

 

She didn't reply.

 

That is now where we are at and where I came and found this website and you helpful people.

 

I can get dates for messages and emails but I need to go over and get those if necessary. 

[BankFodder]

Okay I think the important thing is that you took delivery of the car on 27 January. This is the same day as the MOT which declared that everything was okay and that it was a Pass.

Then within three days you had an inspection and a report that it was extremely bad condition – in fact dangerous, contrary to the Road traffic act.

Clearly the evidence points to the probability that it should not have passed its MOT.

I linked you in my earlier post to a thread involving a van which also received a questionable MOT and the action that I had been suggesting there because the dealer seemed to be pretty well inaccessible.
I seem to remember that eventually the matter was settled – but read it anyway and you will get an idea what I'm thinking.

It certainly seems to me that you need to begin an action.

Read the linked post above and then let us know what you think.

Don't imagine it's going to be easy or straightforward or quick.

[Stoprun1]

Thank you for your help. Appreciate it!

 

I'll spend time this evening and go through all the posts about the van and let you know and also SORN the car. 

[BankFodder]

It might be worth hesitating before you begin the sorn.

 

 

I suppose that if something happened to the car then there could be insurance problems even though it isn't really your responsibility

 

It might be worth giving notice to the dealer that you are doing this and putting him on notice that all liabilities after that will be with him

[Stoprun1]

Okay thanks for letting me know. 

 

I'll tell her to hold off on that and have a proper look into it etc before taking steps for that.

[Stoprun1]

Hi again, 

 

I've just been reading through the post you shared up above with the person who bought the van. I couldnt seem to see an outcome to it. 

 

However, in that instance the company was in the process of liquidation. As this company isn't, am I right to think that the company would still be our direct focus? Not the MOT station. 

Should this station be reported? We think these are linked.

 

Page two ended with mention that the original op hadn't kept up to date on the thread. 

I understand they could just say they believed the MOT was done properly in their defence etc. 

 

It is good to know that citizens advice and trading standards are no help.. as these are what 95% of people have told us to contact personal and professional. 

 

[stu007]

Hi

 

I agree to SORN the Vehicle as at present you are unaware if the Dealership has notified DVLA and transferred the Vehicles details to them as you have still not had your refund this way it protect yourself especially if the Dealership use the Vehicle on the roads without your knowledge nor consent.

 

The difficulty you may have is SORN the Vehicle is you need the 11 Digit Number that's on the vehicle logbook (V5C). Do you have a copy of the V5C? here is the link to SORN a vehicle:

https://www.gov.uk/make-a-sorn

 

Also for info here is the Tell DVLA you've sold, transferred or bought a vehicle link:

https://www.gov.uk/sold-bought-vehicle

 

IMO I would also advise contacting DVLA with the vehicle details to see if the Dealership has transferred the vehicle into the Dealerships name.

 

As for the MOT side IMO you have a report from the mechanics that look at your vehicle that is should never have been sold in the condition it was and to speak to seller/dealership. Also when you look at when you purchased the vehicle and the MOT History on the Governments website there are differences with the MOTs.

 

(note: on the Governments website on the Check MOT History where it states 'MOT test number' for all the MOTs for the vehicle that number is specific to the MOT testing station that carried out the MOT and VOSA will know exactly who the MOT testing station are with that number). IMO I would report the MOT to VOSA since you have that mechanics report.

https://www.gov.uk/guidance/report-an-mot-tester

 

If you have the vehicle insured make sure and inform the insurance company of what has happened and that at present the vehicle is in the hand of that specific dealership from XX/XX/2022 and you are awaiting a refund make sure and give them a copy of them signing for the vehicle as this covers you with the insurance since the vehicle is in that dealerships possession.

 

Please wait and see what Bankfodder says.

 

Also just to assist you I have made better copies of the vehicles MOT History & Details for you:

 

PEUGEOT 3008 - Check MOT history.pdf

 

GOV.UK - Display Vehicle.pdf

[BankFodder]

I haven't looked through the whole van thread again but seem to remember that eventually he received his money and so it wasn't necessary to proceed.

I might be wrong. There are so many stories here that I easily get confused.

Anyway, the point of finding out the MOT station is that on the evidence it would seem that the car should not have passed. The dealer may be inaccessible – although we should keep on trying, but the MOT station is likely to be very accessible.

Also, you can be certain that the MOT station and the dealer know each other and that means that if you start put pressure on the MOT station, they will involve the dealer.
The consequences for the MOT station if you bought a case for misrepresentation and the court agreed that the MOT should not have been passed, would be extremely serious.
In other words the MOT station has a huge amount at stake and this might help to put sufficient pressure on the dealer to pay back your money in order to bring an end to it.

[Stoprun1]

Thank you both for your replies and help! I am going to speak with her today. Get her to check with the DVLA now that she has received the V5 paperwork. They had yet to try anything like this as she phoned before to check they hadn't tried changing it into their name. 

 

Also very understandable regarding the MOT station and an email to them may be a good idea. 

 

Are there any letters or rough draft letters abailable? Citizens bureau sent a copy but at the moment they don't seem to have anything available to resend regarding the MOT station.

 

She has spoken to the insurance but I will get her to send documentation to them in writing as well as call them again.

We would have no clue what they are doing with the car at this point. 

 

Would you suggest trying to get into contact with the other people that are having issues (Facebook page had 3 or 4 comments from another family and a few bad reviews - some of which were taken down etc)? 

[BankFodder]

Yes, I would suggest that you contact other people on Facebook who are having issues and tell them to come to this forum .

 

I understand that you are also receiving advice from citizens advice. If that is the case then you should stick with them. They get paid and we don't

 

Do not send any letters or emails without us seeing the draft first

 

 

 

 

 

[Stoprun1]

They have really not given much more advice than to work with them and send a letter asking for the money back. When she spoke to them again they said send a letter saying you'll start court proceedings and that she still have to give them the 2 weeks they ask for etc. But they could be asking for 2 weeks again and again till when! Not expecting them to fix all the problems but it seems there is no other assistance besides working with the dealership etc where they call all the shots.

 

So thank you for your help, it has been really beneficial to us and doesnt feel quite so hopeless speaking to people who have more understanding of these situations. It has been valuable and we appreciate your time in speaking and giving advice.

 

I will get in contact with the others and send them here if possible. 

I have to go to work so may not have WiFi/signal for a little while should I not answer. But will respond when possible through the day to any messages.

[BankFodder]

I don't understand whether there you are deciding to follow advice from citizens advice or you are going to take advice from us.

You will find conflicting approaches but also, our time is shortened our resources are stretched and we would like to know what you are deciding to do.

If you want to give citizens advice ago then do so but let us know and you can come back here later if you decide that their approach is not for you

[Stoprun1]

Sorry for the confusion.

 

I will speak to her and see which way she wants to go at this point she isn't doing well with anxiety/emotionally. As it will be her that needs to go ahead with anything further she will need to make the decision. 

 

I will get back to you asap with an answer. 

 

[BankFodder]

I'm sure that it is a very distressing event and also very undermining of confidence as well .

 

 

[Stoprun1]

Yes very much so. I will get back to you tomorrow. Thank you!

[Stoprun1]

Hello,

I have not received a decision yet from my family member.

We have looked again on trust pilot and there are more bad reviews. 

 

I have tried to contact them and to direct them here. I haven't heard back from any of the ones i was able to find as yet. Hopefully they will make their way here as well. 

[BankFodder]

Just to give you an example from Facebook groups, there are over 30,000 people on Facebook groups relating to Hermes. I have spent hours trying to correct people's view of what their rights are and trying to correct the false information that many of them are handing out.

I've explained to those people how we regularly sue Hermes and other courier companies and we always win and everything we do is free of charge – and out of the 30,000 people I expect that less than 10 people have come over.

I don't know why it is that people like to talk and exhaust themselves and then they dwindle.

[Stoprun1]

Hi, 

Thanks again for your messages and help. As mentioned due to it not being my final decision my family member is going to go down the route of starting court proceedings to sue for their money/small claims court at this point.This being because the other 3 or so people we have now found are also going this way.,

She is also in the process of speaking with the police and as you mentioned to do. 

 

Just wanted to let you know as you asked above.

 

If there is no outcome and as you mentioned before we she can come back for more advice, I think that is what she plans to do! 

 

 I know it takes a lot to sit and help everyone especially when it's not your job, you've given us a lot of help which we weren't expecting (a lot of forums are not so helpful and knowledgeable) so we appreciate it. 

 

Someone has already gone to court with them this week.

 

Will update soonest. Thank you

 

 

[BankFodder]

You should get everybody to come here and tell their stories here.

Even if they don't want help, the information they have will be useful to other victims.

 

Also, it will help the subject climb up the Google rankings and make other people more aware and also understand that there is a source of help for them .

 

Many people are desperate and are ripped off and don't know who to turn to and eventually simply put up their hands.

 

That's what these kinds of dealers rely on

 

 

 

[Stoprun1]

That's exactly it.

 

I have sent the link to the ones I could get in contact with. I'll urge them to come and write a post at least, as you say so people are aware and know there is somewhere to turn too.  It has really helped us!