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changing trade in value after contracts signed.

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  • Poppy9
    Poppy9 Posts: 18,833 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    I would contact a solicitor urgently to get them to release the car you purchased from them immediately. It may cost you a few quid but it's the only way you will get it.

    As you took the car with you before you completed purchase they had opportunity to inspect the car before they finalised the paper work. If they chose not to, then that is there problem.
    :) ~Laugh and the world laughs with you, weep and you weep alone.~:)
  • Poppy9 wrote: »
    I would contact a solicitor urgently to get them to release the car you purchased from them immediately. It may cost you a few quid but it's the only way you will get it.

    As you took the car with you before you completed purchase they had opportunity to inspect the car before they finalised the paper work. If they chose not to, then that is there problem.

    Would it be worth going to trading standards?
  • Poppy9
    Poppy9 Posts: 18,833 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Belles1979 wrote: »
    Would it be worth going to trading standards?

    I think you have to go to Consumer direct and they are not always the quickest or most accurate with their advice but it's free so worth a try.
    :) ~Laugh and the world laughs with you, weep and you weep alone.~:)
  • Zandoni
    Zandoni Posts: 3,465 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    I'd go back and ask them to show me what the serious fault is.

    If there isn't one stay in the showroom and tell every customer that comes in.
  • bris
    bris Posts: 10,548 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Poppy9 wrote: »
    I would contact a solicitor urgently to get them to release the car you purchased from them immediately. It may cost you a few quid but it's the only way you will get it.

    As you took the car with you before you completed purchase they had opportunity to inspect the car before they finalised the paper work. If they chose not to, then that is there problem.
    No, not as easy as that, the major fault is a breach of the contract on the op's part, the trade in was done on the basis of a working car, failing to disclose a major fault is not going to go unnoticed.

    Whether or not the op knew about the fault or not (I think differently, hence the urgent need to keep the new car) makes no difference, the major fault was not part of the original contract.
  • MamaMoo_2
    MamaMoo_2 Posts: 2,644 Forumite
    bris wrote: »
    No, not as easy as that, the major fault is a breach of the contract on the op's part, the trade in was done on the basis of a working car, failing to disclose a major fault is not going to go unnoticed.

    Whether or not the op knew about the fault or not (I think differently, hence the urgent need to keep the new car) makes no difference, the major fault was not part of the original contract.

    However as OP says, they appraised the car and still went ahead with the part-ex. Seems really dodgy to me that the fault they're saying it has (billowing black smoke) would be very obvious on either of the two occasions OP drove onto their forecourt.

    OP, have you actually seen this fault for yourself? As it drive onto the forecourt fine, was there any CCTV covering your car when it was parked to prove whether or not anything was messed about with?
  • bris wrote: »
    No, not as easy as that, the major fault is a breach of the contract on the op's part, the trade in was done on the basis of a working car, failing to disclose a major fault is not going to go unnoticed.

    Whether or not the op knew about the fault or not (I think differently, hence the urgent need to keep the new car) makes no difference, the major fault was not part of the original contract.

    The contracts were signed after they discovered the "fault". I am offended by your implications that I have attempted to deceive. I have no knowledge of any fault at point of sale. The "urgent need to keep the new car" is not urgent as you suppose, and has never been stated. All I want is what is owed to me, and signed over to me.

    How many times do I need to restate that they continued with completing the paperwork AFTER appraising the car and discovering the "fault". I am now car-less and have paid a lot (for me) of money with nothing to show for it other tgan papers stating I own a car I can't have, and have sold my car to them.
  • Belles1979
    Belles1979 Posts: 33 Forumite
    edited 22 February 2013 at 12:33PM
    MamaMoo wrote: »
    However as OP says, they appraised the car and still went ahead with the part-ex. Seems really dodgy to me that the fault they're saying it has (billowing black smoke) would be very obvious on either of the two occasions OP drove onto their forecourt.

    OP, have you actually seen this fault for yourself? As it drive onto the forecourt fine, was there any CCTV covering your car when it was parked to prove whether or not anything was messed about with?

    I'm not sure exactly where their cameras are placed, but being a manufacturer main dealer, I assume there will be some somewhere on the forecourt with the number of high value vehicles on it.

    I didn't see the fault myself.

    I will struggle to, as I now can't get to the dealership.

    Oh, and the deputy manager offered me a courtesy car until it was sorted, but the manager over ruled him, leaving me stranded. They then made me wait on the street for a lift, in the dark on my own. Really nice people.
  • Poppy9
    Poppy9 Posts: 18,833 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    edited 22 February 2013 at 2:01PM
    bris wrote: »
    No, not as easy as that, the major fault is a breach of the contract on the op's part, the trade in was done on the basis of a working car, failing to disclose a major fault is not going to go unnoticed.

    Whether or not the op knew about the fault or not (I think differently, hence the urgent need to keep the new car) makes no difference, the major fault was not part of the original contract.

    You sound like a dealer !

    Their business is buying and selling cars. Part-ex is a normal part of trade. They have a duty to themself to ensure they fully inspect the car before making an offer for it. According to the OP he took the car with him on 2 occassions before completing the transaction. They inspected car, which normally includes inspecting body work, interior, starting it up as a minimum. If they have any concerns they can drive it, put it on the ramps to inspect it etc.

    They have absolutely no right to keep the £6500 and the OPs car.

    OP did I read right they offered you £4500 back and they keep your car?
    :) ~Laugh and the world laughs with you, weep and you weep alone.~:)
  • bod1467
    bod1467 Posts: 15,214 Forumite
    I suspect it is Her not His. ;) (Based on last sentence of post #29).

    The retailer as a MINIMUM has to put the OP back in her original position ... refund of monies paid and return of her part-ex car. But I agree that it looks like contract is concluded and the retailer needs to honour their part of the bargain - hand over the car she purchased.
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