unpleasant Car Dealer

gabriel77

My son & I bought a car from a reputable family dealer on 29 Octo.

The car broke down 10 miles out of the garage. The dealer switched his phone off. I had to pay greenflag £150.00 to be recovered home, even though I was a member ? with my other car, that I had just traded in.

The following day the dealer arranged to pick the car up and repair it. I asked him for a refund £900.00 cash, which was my sons and my Tigra back. He said he sold my tigra and that he wld fix the car.

I spent a week without a car, and on friday 5th nov the dealer told me he was delivering the car to me, I went to the dealer with the sister, and passed the car on the back of a trailer, who stopped and i took possession of the car again. 5 miles up the road it broke down. I then went straight to the dealer again demanding a full refund. He kept saying that he had sent the V5 off.

He then offered me another car to drive whilst he said he would fix the car again. This car a mazda 1.8 auto huge grt tank, well I had no option to take it as I needed a car. The dealer also told me to insure myself on this car. Well my insurers wld only insure it as a courtesy car £52.00 per week as I was not the registered owner.

The dealer gave me his Credit Card details to pay this over the phone, which kind of surprised me, so I was able to insure the car. Well a week went by no contact, I telephoned thursday to be told that the car was coming on Saturday 13 November, and he was driving it himself to me. Saturday came no car no call. Nothing.

So Monday 15th Nov. I went there, Oh just to say I am a single women, my son is 18 and just had passed his test, so was extremely excited about driving. I got therre Monday to find my Tigra on his forecourt, he was shocked to see mee. And told me he had put or was putting a new engine in this car I had bought which is a Vauxhall Corsa 1.0 Y plate 86,000 miles. He then lunged at me and started shouting whereby I ran away and called the police.

The police came, and they spoke to him. But told me it is a civil matter. I came home. Have heard nothing since, but I still have the mazda, which is due to insure again on Monday 22 nov. I received the V5 yesterday for the corsa.

I dont know what to do ? Consumer direct told me to write a letter to them rejecting the car, but does this stand when I am on the V5 and I also have a so called courtesy car. I emailed the garage also, my son has called but we get no reply. Apart from being told that I am stupid by him and to go away ??? Well what do I do, any advice would be very much appreciated. This is now 3 weeks on.

.

custardy

gabriel77 wrote: »

My son & I bought a car from a reputable family dealer on 29 Octo.

The car broke down 10 miles out of the garage. The dealer switched his phone off. I had to pay greenflag £150.00 to be recovered home, even though I was a member ? with my other car, that I had just traded in.

The following day the dealer arranged to pick the car up and repair it. I asked him for a refund £900.00 cash, which was my sons and my Tigra back. He said he sold my tigra and that he wld fix the car.

I spent a week without a car, and on friday 5th nov the dealer told me he was delivering the car to me, I went to the dealer with the sister, and passed the car on the back of a trailer, who stopped and i took possession of the car again. 5 miles up the road it broke down. I then went straight to the dealer again demanding a full refund. He kept saying that he had sent the V5 off.

He then offered me another car to drive whilst he said he would fix the car again. This car a mazda 1.8 auto huge grt tank, well I had no option to take it as I needed a car. The dealer also told me to insure myself on this car. Well my insurers wld only insure it as a courtesy car £52.00 per week as I was not the registered owner.

The dealer gave me his Credit Card details to pay this over the phone, which kind of surprised me, so I was able to insure the car. Well a week went by no contact, I telephoned thursday to be told that the car was coming on Saturday 13 November, and he was driving it himself to me. Saturday came no car no call. Nothing.

So Monday 15th Nov. I went there, Oh just to say I am a single women, my son is 18 and just had passed his test, so was extremely excited about driving. I got therre Monday to find my Tigra on his forecourt, he was shocked to see mee. And told me he had put or was putting a new engine in this car I had bought which is a Vauxhall Corsa 1.0 Y plate 86,000 miles. He then lunged at me and started shouting whereby I ran away and called the police.

The police came, and they spoke to him. But told me it is a civil matter. I came home. Have heard nothing since, but I still have the mazda, which is due to insure again on Monday 22 nov. I received the V5 yesterday for the corsa.

I dont know what to do ? Consumer direct told me to write a letter to them rejecting the car, but does this stand when I am on the V5 and I also have a so called courtesy car. I emailed the garage also, my son has called but we get no reply. Apart from being told that I am stupid by him and to go away ??? Well what do I do, any advice would be very much appreciated. This is now 3 weeks on.

.

follow the advice you were given

gabriel77

yes but that advice was given before I received the V5 need to know does it make a difference have this is my name, does it make me responsibly for the car ??

custardy

gabriel77 wrote: »

yes but that advice was given before I received the V5 need to know does it make a difference have this is my name, does it make me responsibly for the car ??

wont matter

sarahg1969

https://forums.moneysavingexpert.com/discussion/2863308

https://forums.moneysavingexpert.com/discussion/2863330

How many threads do we need on this subject?

Wig

You already had two threads here, and people told you what to do. You can go for the "rejection" route but listen, I already told you if you want to do that, you need to do it as soon as possible. You have now wasted another few days. Every day, every minute counts when considering if a rejection is valid or not. If the garage contests the rejection, it will be for you to fight in court, and you could lose seeing as you did not reject it straight away. However I am not familiar with rules on rejection or case law so someone else may offer a different opinion. There are always different opinions in legal matters, that's why they usually end up in court. You have had the car for 3 weeks now...... time is ticking.

If you go for rejection, the seller is not going to just roll over and refund you, he's already refused to do that, no, he's going to laugh in your face and say "sue me" you will than have to go to the small claims court costing about £200 - £250 (in total) and a lot of time and you will have to be able to explain to the judge why you think you are entitled to a rejection and be able to argue in legal terms against any argument the seller gives. Then if you win, you will have to recover the money from the seller, that in itself is not easy. You may get lucky and get an out of court settlement from the seller as soon as you register your claim with the court (notifying the seller that you are serious about taking this to court), costing you about £50.

The alternative would be to allow them to repair the car. Allowing a repair can complicate entitlement to a rejection. You have already complicated it by allowing an attempted repair and taking a loan car.

None of this, however, stops you from insisting on a satisfactory
repair,
replacement or
refund
at some point in the near future. This too would have to be enforced by a court if he stops cooperating with the repair work. The point is, if it is not a 'rejection' then it is up to the retailer -not you- to decide which of those three things will be done. And he has already decided upon a repair.

The loan car is not altogether satisfactory so ask again for a smaller car.

I think you should see a local solicitor about this ASAP like I said in your other thread. They offer free initial consultations. Ask them if it is too late to reject.

If you choose to reject, you will need to return the loan car immediately.


And if Sassy_one reads this thread will you please do the OP a favour and remove your quoted OP text from the other thread.

Wig

If the Tigra is still there, how about sending an undercover friend around to ask if it is for sale......

This is only a minor point however, as the Tigra is now legally his, you can't force him to do anything, even if you catch him out regarding the Tigra. The only way of forcing the issue is to go to court.

gabriel77

he said he doesnt have a smaller car, but he has many cars on his forecourt. why shld i have to give up the car if I reject ? I have called trading standards, consumer direct & a solicitor, they all say I must send a letter, then wait, if no response send another. I was the one giving my money why shld i suffer more giving up this car. I sent a letter today. As I was made to feel and told that I was stupid and to go away. The only time I ever had the vauxhall was when it was recovered on 29th Oct by greenflag and taken to my home and spent the night on my drive and then taken away by the garage. I have never in fact had the car or used it only to drive 10 miles when I bought it and then 5 miles again when he said he had repaired it. I guess the only way is the legal way now I have been very very fair all along. but when people become abusive it time to take action. thanks for your advice.

gabriel77

I have never had the car, but he immediatly sent the v5 off to get it in my name ??? I rejected this car the first time it broke down, but he was aggressive then and refused and said life isnt that simple. He is so unpleasant its unbelievably.

esmerobbo

I can understand your frustration but apart from all of us coming to you and wrestling a car or the money from him there is little we can do. You have had good advise it makes no difference if the V5 is in your name. As advised reject the vehicle in writing give him 14 days to reply then if he doesn't take him to court. There is not really any other option open to you.

Wig

gabriel77 wrote: »

he said he doesnt have a smaller car, but he has many cars on his forecourt. why shld i have to give up the car if I reject ? I have called trading standards, consumer direct & a solicitor, they all say I must send a letter, then wait, if no response send another. I was the one giving my money why shld i suffer more giving up this car. I sent a letter today. As I was made to feel and told that I was stupid and to go away. The only time I ever had the vauxhall was when it was recovered on 29th Oct by greenflag and taken to my home and spent the night on my drive and then taken away by the garage. I have never in fact had the car or used it only to drive 10 miles when I bought it and then 5 miles again when he said he had repaired it. I guess the only way is the legal way now I have been very very fair all along. but when people become abusive it time to take action. thanks for your advice.

The loan car does not belong to you.
The loan car is part of an agreement with you and seller whilst he repairs your car that you have bought.
You have had the corsa for 3 weeks.
For 3 weeks it has been in your possession. It does not have to be on your driveway for it to belong to you.
By agreeing to a repair or agreeing to take a loan car whilst your car is being repaired, you are by definition NOT rejecting the Corsa.
By keeping the loan car you are jeopardising your right to a rejection.

If you reject you have to "walk away" from the whole situation you cannot keep the loan car whilst waiting on the rejection decision.

You can't have it both ways You either

"reject" and wash your hands of the whole affair and wait to go to court. You must mitigate your losses, that means buy a new car, or if you have no more money you will have to use public transport and recover the costs in court, or possibly hire a car but hiring a car and expecting to win the costs back is very risky.

OR

You keep the loan car and wait for him to repair the Corsa, and lose the right to reject the Corsa. He still has to repair replace or refund the Corsa.


This is my amateur understanding on your position, others may have a different opinion. I suggest you take legal advice if you think you are going to keep the loan car.