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Thread: Unsure where I stand legally. Any advice would be appreciated.

  1. #1
    Join Date
    Mar 2011
    Posts
    2

    Default Unsure where I stand legally. Any advice would be appreciated.

    Okay, this is a long one so I apologise in advance.

    We bought a car the start of Febuary, and on the day we bought the car, it broke down (it was from a used car dealer - biggest cowboy I've ever met!).
    We told him on the day that we just wanted a refund (you tend to lose trust when you're told a car is fit to leave the garage and then 20 minutes in it and it's broke down) and he flat refused. Instead he said he would take the car and have it repaired, and, in all fairness, gave us a car for the duration of him keeping the car we bought originally. He said it would be a quick job and we would have the car back in a few days.

    After about two weeks, we threatened the dealer to court as we wanted a refund, which again was refused, and were fed up of the lies and waiting for our car. He shouted obsceneties down the phone (how professional!) and told us he would see us there. We reconsidered our choice, thinking we hadn't given him enough of a chance with the car, so apologised and allowed him to carry on with the car until it was ready (again we were told a few more days).

    It's now over a month since we saw anything of the car. We have heard every excuse under the sun as to why the car isn't ready to collect and have been told date after date of when it would be ready, for us then to be let down and told it would be a few more days. We STILL don't have the car, last week we called to say we wanted it by this weekend otherwise we will expect a refund. He agreed to the weekend and agreed if the car wasn't fixed, we could have the refund. Spoke to him today and yet another lie about the car has came up (it'll be ready on Monday) and no refund has been offered. Where do I stand legally with this situation?

    I feel we have given him plenty of time to fix the car, we have been patient, offered to return the loaned car, etc. but now he keeps throwing in our face that he has lost sales because we are borrowing a car which he can sell and refusing a refund. I really want to take this useless piece of skin to court but I don't know how good our grounds are. I have read that the Sale of Goods Act can cover us as he has sold us goods which are not of good standard, but as you can tell, I have no clue regarding law, etc.


    Anyone with any ideas or thoughts would really really help, I'm desperately worried!

  2. #2
    Join Date
    Mar 2011
    Posts
    2

    Default

    Just to add, we bought the car and paid an additional 200 for an MOT and one month warranty luckily otherwise I doubt he would have dealt with us at all. We have been promised phone calls constantly yet never hear anything unless we contact him. I'm so stressed out with his, any advice would be so helpful.

  3. #3
    Join Date
    Sep 2007
    Location
    Scotland
    Posts
    8,695

    Default

    Quote....."We told him on the day that we just wanted a refund (you tend to lose trust when you're told a car is fit to leave the garage and then 20 minutes in it and it's broke down) .................................................. "and he flat refused."

    Sorry to hear about your problem, but the last few words ^ highlighted, would have been the best to get the Trading Standards people involved!

    Its not too late yet for you to contact them, in fact I think its the best thing you can do, as it looks like this dealer has no intention to help you, good luck

  4. #4
    Join Date
    Apr 2009
    Posts
    6,379

    Default

    Contact Consumers Direct http://www.consumerdirect.gov.uk/ they should help you to sort this out.

  5. #5
    Join Date
    Mar 2011
    Posts
    1

    Default

    Hey, I'm in the same boat! Although I still have my broken down car, the dealer is completely refusing to communicate with me over the matters. I contacted trading standards and was advised to write down the complaint and sent it in writing, which I did, and still no reply 2 weeks on. Now it's off to the CAB in order to try and take the guy to court!

    Have you had any advice? I'm still pretty unsure as of what to do...

  6. #6
    Join Date
    Sep 2007
    Location
    Scotland
    Posts
    8,695

    Default

    Welcome to the site snowey_11, keep a copy of letters that you have sent, and a record of the dates sent ext.

    Did you get back to Trading Standards after you did what they suggested? As I have a feeling that the folk at CAB will just tell you to contact them again? Good luck with it

  7. #7
    Join Date
    May 2011
    Posts
    1

    Default

    It must be the time of year for it. I bought my car from another COWBOY 3 months ago & actually had it in my possesion for less than half that time..
    Make sure you send any letters recorded delivery, then the dealer cant say he hasn't received them. I have sent numerous letters to him but he has not made any attempt to contact me.
    Take a look at these links..

    GOOD LUCK
    http://www.which.co.uk/consumer-righ...s-your-rights/

    http://www.hmcourts-service.gov.uk/i...aims/index.htm

  8. #8
    Join Date
    Jul 2011
    Posts
    911

    Default

    Quote Originally Posted by shamrock84 View Post
    This guy is wasting your time, you need to progress this to a small claims hearing assuming that you paid less then 10,000 for the car and get a full refund as the period of time he has made you wait is now unreasonable keeping in mind that most repairs can be made within a week.

    If you had kept the car and paid for the repairs yourself regardless of whether it was in warranty or not then there is a company called customerclaims that could help you with this and is free to use. www.customerclaims.co.uk
    This is blatant advertising. Check out this guy's other posts.

  9. #9
    Join Date
    Apr 2012
    Posts
    2,917

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    CAB and trading standards is the place to go. Keep a note of all conversations and copies of any letters. Most of these guys will simply refuse to accept any letter they have to sign for - just get proof of posting.

    Keep a record of any expense, time, phone calls, fares, etc. You should not be out of pocket at the end.

    Under the law, you have six months warranty from any dealer so the warranty you paid for is worthless. Under the circumstances you describe, you are entitled to a refund without question.

  10. #10
    Join Date
    Oct 2007
    Location
    Middlesex
    Posts
    8,509

    Default

    You have been scammed. MOT and warranty must be in force on the sale of a used vehicle from a dealer. Sooner you get on the legal track the better.

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