Bought new car/part exchanged my old - says Mine has Major issues - wants to reverse the deal.

[G2023]

Bought a new car and part exchanged my old car.

Dealer says that on his way back to the dealership my old car developed major issues and is no longer drivable. He now wants to reverse the deal.

He said that I either drive my new car back to him (4 hour drive) and arrange for my car to be recovered back to me or I pay for cost of repairing the car he bought from me.

I am not in the trade and part exchanged my car in good faith.

I have not had any issues with the car and only sold it because of the ULEZ expansion.

I did not misrepresented my vehicle at all, whereas he did misrepresents the one he sold me.

If I could rewind to before he took my car which is now not drivable, I would. But this is not possible.

The dealer has said that he will now take my old car into a VW specialist to find out how much it will cost to fix the issues (which I was never aware of) and call me on Monday to discuss.

He took in my car below trade-in value and sold me a car at the top end of retail price.

I think he is being unreasonable.

What should I do?

[dx100uk]

ignore him

TINY applies - Tough Its Now Yours.

33 minutes ago, G2023 said:

whereas he did misrepresent the one he sold me.

expand please

does this mean you have issues with it? and are not happy 

how did you pay please too?

dx

 

[dx100uk]

dx

 

[G2023]

No issues with new car yet (haven't driven it much yet) but he described it as having full main dealer service history

its overdue a major service. No big issue but probs about £500 to do it with VW.

Also overdue cam belt replacement  which is another £500ish.

I paid 50% bank transfer and 50% credit card.

I was promised a 12 month warranty with the new car but have not received that either.

I only changed cars because of the ULEZ expansion.

My car was well maintained, has never broken down, cosmetically looks in better condition than the 5 year younger one that I bought and I was not aware of any issues. 

[dx100uk]

well pers id dump it.

he should have done the major service and cambelt not you.

did he tell you these were due or were these bought up before sale? and you accepted them to do yourself?

is it still a better deal without these done, you having to pay for them.

disregard your car issues not your problem !! TINY prevails!

dx

 

 

[G2023]

 

Thank you DX100uk, Your advice is very much appreciated.

The new car was described as having a full VW service history. Before agreeing the deal with the dealer, I enquired whether the cambelt had been done as it is usually specified every 5 years or 80,000 miles (whichever sooner) and I recently did it on my car just to be on the safe side. When I asked the dealer he checked with someone else and told ne that VW had changed the schedule for this and they now state it does not need to be done until 130,000. I felt a bit stupid for spending the money to replace the one on my car but accepted what he said as he was the expert. 

Regarding the overdue major service, I had no idea that it was overdue until I received the car and looked through the service book. His advert states very clearly that the car comes with full VW service history.  The dealer has no removed the advert from auto-trader (before the car was delivered to me) and his own website (today) but I downloaded the brochure from his site before it was taken down so, I have a copy. 

The problem with reversing the deal is that It is impossible as he drove away a working car from my property and it is now undrivable and can only be moved on a transporter. He has both V5 documents and did not leave me anything for me to send of to the DVLA as he aid that he needs to deal with this so that an extra keeper is not registered.    

He said that he will call me tomorrow when he has checked over the car he took from me. I asked him to communicate by email but he said that he will call.

I've tried to notify the dvla of the change of keeper for my old vehicle but I need the V5 reference number and I dot have it. I have a similar issue with the new vehicle. I have the invoice from the dealer stating the registration numbers, the figures agreed and also I have proof of my payment.

I'm going to email him again now to say that I need all communication by mail as I have a disability that can make verbal communication challenging. 

What should I do if he refuses to register my old car to himself, or the new car to me? Should I push to get the Services brought up to date an should I push for the full 12 months warranty that he agreed for the new car before he was dissatisfied with the old car?

Many thanks

 

   

[dx100uk]

forget any warranty they are never worth even the paper its written on.

your consumer rights protects you far far better.

i need to get a 3rd party on board here 

pinging @BankFodder now

if he does ring record the call!!

dx

 

[G2023]

Thanks dx, I'm going to email him now to ask thar he emails me now as I have a disability that can make verbal comms a bit challenging at times...

I'll update after I've heard from the dealer.

[theberengersniper]

Personally, I would be blocking the dealer's number.

In situations such as these, the dealer, by virtue of the fact that it's his job, is assumed to be technically competent to inspect the vehicle and identify any issues he might like to use as bargaining tools before you begin negotiations with him. This dealer appears to have chosen not to do that, which is his problem, not yours. Provided you are a consumer, and not yourself a trader, you are not assumed to have any particular technical knowledge about the car. Although you would be required to point out, or at least not hide, any serious issues you were aware of, any else is for him to find.

If I were you, I would ignore any further attempt to contact you by phone by blocking his number. If you ever receive anything in the mail from him, come back here with a suitably redacted photo of the letter and the regulars will tell you what action to take, if anything.

Please don't worry about this.

[G2023]

Thanks tbs, it's definitely reassuring to get the advice from this forum. I don't think I'm worried any more about the car thar he took in in px. I went through the tines when his person arrived to deliver the new car and take away the old and he was here for around 2 hours on total so he had ample opportunity to inspect the car. Also he gave me below trade value and the problems he described to me yesterday (clutch and kicking out of gear), which were not present as far as I knew and he drive away from my house fine. The clutch is a wear and tear item which I read that the expected life is around the age and millage of the car he bought. The issues could all have been caused by his employees driving snd tbh, what he told me on the day doesn't add up. 

I've looked into the service record of the car he sold me (described as full VW SH) and checked with VW dealer. They said that it was not up to date and has missed 2 services (1 by millage and 2 based on time). I can bring it up to date by doing a major service now which will cost £485 + anything that needs fixing or replacing (identified during service and checks). I've also noticed a few minor cosmetic issues. I feel that I should pursue the service issue as there might be other maintenance issues that need to be sorted. I paid by credit card and they said that they could reverse the payment pending resolution of issues. I will need to contact the dealer myself and give him the opportunity to resolve by paying to bring the service history up to daye as I was sold and then if he doesn't agree that I will get the credit card company to address the issue. I actually work for the FOS and understand the financial side of the transaction quire well and that's why I insisted on paying a significant chunk on credit card. I've also spoken to the dvla and they've advised of how to get the titles transferred properly in case the dealer chooses not to register the old car to himself and the newer one to me. Thanks again for your help, I will post when it moves on.

 

[G2023]

So the dealer didn't call or email me today. Just to be clear, I'm not in the motor trade and never have been. 

I think it will be me that contacts the dealer next, regarding the car he sold me and misrepresented in his advert/brochure. I actually thought that buying from a dealer and  part exchanging my old vehicle would be simple and hassle free. Seems I was wrong . 

Thanks for everyone's help and advice here.

[Nicky Boy]

Post up whatever you propose to write to the dealer here, so the guys can check it...

BTW, I've noticed you haven't named this wonderful dealer.

Are you trying to protect him?

Name and shame!

[G2023]

I haven't posted the dealer's name as this might end up in court.

I'm not concerned about the vehicle that he took in part exchange and I've booked a comprehensive inspection on the vehicle he sold me.

His advert/brochure for the vehicle was deliberately misleading. Eg he describes "a stunning" vehicle "complemented by a FULL VW SERVICE HISTORY" The actual vehicle I got, missed the last 2 services and hasn't been serviced for 2.5 years.

When I raised that specific point and told the dealer that i'd visited VW to clarify this was or wasn't a full service history, the dealer replied "any vw dealer will tell you a car needs a full service what a surprise that is! thats their job to book work
in and make money for VW.

The service scheduled on the cars display is saying around 9,000 miles for next service, this is how the car came into
us, therefore we can reasonably assume car is not due for a service, if this car does need a service this is something we can arrange without any issue but we would not be looking to use a VW main agent as we can get the same service done at fraction of the cost again without any issue"