Bought Used Car from dealer... please help! Any advice.

sparklesparkle88

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 Saturday just gone and yet another lie about the car came up (it'll be ready on Monday) and no refund has been offered. It's Monday evening, the car isn't fixed! 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! I've been in touch with Consumer Direct whom of which were of no help at all.

Thanks all.

squeaky

As a matter of interest - how does the loan car compare with the one you bought? Good enough to consider accepting it in place of the "lemon"?

And a favourite quip quoted below...

Contrary to popular belief, used-car salesmen are fairly honest with their customers. It's usually a condition of their parole.

sparklesparkle88

The car he's given us as a "temp" (ahem) replacement is terrible and would never consider it as a swap under any circumstances.

It almost feels like principle that I want a refund off this bloke. He has caused so much worry and expense.

sparklesparkle88

I suppose my main question is, have I got good grounds to get my refund back whether it be via legal advice or (a very highly unlikely) civil agreement? He even told us that we won't get the car tax back either as it's registered under his insurance and he's not sent off the log book so the cars not even registered in our name!

Anyone with any help or advice would really really be appreciated. I'm worried sick I'm going to be ripped off and this scumbag will walk away rubbing his hands together.

halibut2209

Send him a Letter Before Action, then sue him

squeaky

halibut2209 wrote: »

Send him a Letter Before Action, then sue him

The following two sections from the Resources page of our ReadMe sticky should help you with this:-

the MCOL website
Money Claim On Line - Her Majesty's Courts Service Internet based service for claimants and defendants is a simple, convenient and secure way of making or responding to a money claim on the internet. You will need to register to make use of this service.

Letter Before Action & Small Claims procedure
[FONT=Arial, Chicago]The Office of Fair Trading site which provides assistance and guidance if you are intending to take formal action in the small claims track of the County Court. Such action should only be considered when you have tried and exhausted all other means of resolving your complaint.[/FONT]Sample LBA and a whole lot more if you need it.

Good luck

sparklesparkle88

I'm dealing with someone called Lucy BC on a website called Honest John. Is she reputable?

squeaky

sparklesparkle88 wrote: »

I'm dealing with someone called Lucy BC on a website called Honest John. Is she reputable?

According to this...

http://www.telegraph.co.uk/motoring/caradvice/honestjohn/

Honest John is reputable. Yes

I can't speak for posters on the site.

wealdroam

Lucy Bonham Carter has a reputation... google it.

No idea whether Lucy BC is the same person though.

pinkshoes

When you've given him deadlines to repair the car by, was this done verbally, or in writing? If verbally, then you need to put it in writing, detailing all the failed deadlines, and giving him one last deadline before you'll take court action to get your money back.

Send it recorded so you have proof he received it.

sparklesparkle88

Yeah her name is Lucy Bonham Carter, she is a legal representative on the Honest John website.

I've never dealt with anything via the legal route before, can't particularly afford fully fledged court proceedings and they have offered a reasonable price to deal with our problem. Just trying to cover all avenues as our luck hasn't been the best recently!