When is a DODGY CAR DEALER accountable?

benjy7

I bla bla bla

esmerobbo

Have a read of this and then go back to trading standards you should reject this vehicle under the SOGA.

http://webarchive.nationalarchives.gov.uk/+/http://www.berr.gov.uk/whatwedo/consumers/fact-sheets/page38311.html

neilmcl

Also, try and stick to one thread on the subject - https://forums.moneysavingexpert.com/discussion/2863330

sassy_one

benjy7 wrote: »

This is a story of deceipt and deception and major disappointment.

My sister bought a used vehicle for her son 3 weeks ago from Tickenham Garage in Bristol. It was for my nephew and my sister to share as he had passed his driving test. My sister traded in her old car, and my 18-year-old nephew put in his hard earned money to buy it. It is only a £1500 Corsa, but to them, that is a lot of money!

When she first purchased the car, it broke down within 10 miles of the garage. It was late in the evening and my sister then had to pay £150 to get it taken home by the AA, because she could get no answer from the garage.

The following day the garage agreed to come and collect it for repair. She asked for her money back and her old car and they refused. Infact Mr Jack James, the owner of the garage, told her he had sold her car and therefore that was not an option!

She accepted his word that it would be repaired and roadworthy for the following week. During this time her phonecalls to the garage were met with both hostility and dispute and she felt incredibly helpless.

However, the following weekend she was assured that the vehicle had been fixed and was roadworthy. It was going to be returned by trailer, which set us wondering why?

On that day my partner and I decided to accompany my sister to the garage and we accidently met the recovery vehicle about 15 miles from the garage with the little Corsa on the back. The driver recognised my sister from the previous week and stopped. He took the vehicle off the trailer and handed over the keys. Needless to say my sister was so relieved, but unfortunately it was shortlived as I followed behind, the car broke down again within about 5 miles.

Yet again, in a semi-dark Bristol lane my sister was left with this car that clearly had not been "fixed" in any way. Very quickly we drove back to the garage in my car and the Corsa was left abandoned at the side of the road. She immediately phoned to inform Mr James of what had happened. He did not answer until she left a message saying we were 2 minutes away, simply because he didn't know I was with her.

As we pulled up at his garage, I asked him to refund their money, as this was now a joke! He became very aggressive and threatening. I told him we would not leave until this was sorted out. He replied:" I am hungry and want my dinner." Not much you can say to that really!

We stood, as I recall on Bonfire Night, for 2 hours trying to negotiate - but his only response was to offer my sister an even older car to borrow for a week. I asked him if it would make it more than 5 miles up the road, and he assured her that it would. By this time, he was really stressed, so I asked him where he had obtained the Corsa from originally, and was amazed when he quite openly said: "A car auction!"

By now, we were all tired and my partner stepped in. He got Mr James to agree to repair the car and return it himself the following Saturday or to refund her money in full if he could not. They shook hands. An amazing moment we thought.

Well Saturday 13th came and went and no phone call and no car. Today Monday 15th my sister has been to the garage. He told her to go away and that he was not going to speak to her. He pointed to an engine in the garage part of his site, and said that was out of the Corsa.

My sister has just phoned me in tears, having been threatened again by Mr James, with no hope of a car or her money back. She also said her old Tigra was at the back of the garage!

I have looked at Mr James' website and apparently his garage has been going since 1981 and they are all wonderful people. Well, again my thoughts go to all those who may not quite believe that!

My sister has spoken to the Trading Standards Office and the Police, both say they cannot help. IF ANYONE HERE CAN WE WOULD ALL BE SO GRATEFUL THANK YOU !!!

May I just advised to express caution with posting names and company titles along with trading names OP, as at present the garage could sue you for slander.

davemorton

sassy-one wrote: »

May I just advised to express caution with posting names and company titles along with trading names OP, as at present the garage could sue you for slander.

Now are we sure about this Sassy?? :rotfl:

MrRedundant

I would suggest at the moment the garage is probably meeting its legal obligations. If you want to reject the car then you can try but its a £1500 corsa we are talking of here. I would be telling them they have until Friday to fix it or refund at which point you will take it to small claims.

As for the bit about auction. Why are you surprised?

vaio

sassy-one wrote: »

May I just advised to express caution with posting names and company titles along with trading names OP, as at present the garage could sue you for slander.

They could indeed, assuming what the OP has said isn't true.

OP, as others have said reject under Sale of Goods and follow up with small claims if necessary, don't forget to keep a record of your out of pocket expenses as these can be recovered too.

I'd also be tempted to spend the next few weekends parked outside the garage with some big signs and lots of leaflets to hand out

sassy_one

OP, look up the garages Business title within the council, ask to review there record, which should be free but you will have to pay for a hard copy.

See if the 'owner' ie the persons name you state is allowed to be in business, ie he has no orders preventing him being a manager or managing a company.

Regards small claims court, I really hate to say it but that could take MONTHS if not more as the garage will use all sorts of get outs and the OP must prove the car was sold KNOWINGLY faulty.

A very crafty trick used by second hand car dealers is to get you to sign a wavier form, on the cash receipt it will state something like ' SOLD AS SEEN FOR REPAIRS/SCRAPE/PARTS ' if she has signed such a form, you don't have much of a chance of winning any possible court claim.

Also, you need to work out if losing a small claims cases will be worth what the car was brought for if you lose.

My advice is post a scan copy of the receipt for the car here, leaving out personal details and we can then advise further!

MrRedundant

sassy-one wrote: »

OP, look up the garages Business title within the council, ask to review there record, which should be free but you will have to pay for a hard copy.

See if the 'owner' ie the persons name you state is allowed to be in business, ie he has no orders preventing him being a manager or managing a company.

Regards small claims court, I really hate to say it but that could take MONTHS if not more as the garage will use all sorts of get outs and the OP must prove the car was sold KNOWINGLY faulty.

A very crafty trick used by second hand car dealers is to get you to sign a wavier form, on the cash receipt it will state something like ' SOLD AS SEEN FOR REPAIRS/SCRAPE/PARTS ' if she has signed such a form, you don't have much of a chance of winning any possible court claim.

Also, you need to work out if losing a small claims cases will be worth what the car was brought for if you lose.

My advice is post a scan copy of the receipt for the car here, leaving out personal details and we can then advise further!

You really do not have a clue what your talking about! Sold as seen has absolutely no legal basis even with the added for repairs/scrap/parts to a dealer.

frothey

^^ Correct! The only time you really don't have a leg to stand on is when buying privately.

Consumer Direct used car guides.

Keith

sassy-one wrote: »

May I just advised to express caution with posting names and company titles along with trading names OP, as at present the garage could sue you for slander.

Would you like to ask a friend?