Another motor trader refund problem......

Katemac

Really?! I have a glimmer of hope! Thank you chaps! I'll keep you posted :-)

Katemac

Sorry guys, more advice needed, my other half rang the guy again just now and managed to speam to him. He's saying we must have tampered with the car or done something to it as 'it was fine when it left here'!! Would you recommend getting an AA inspection guy to come and give an independent and unbiased report on the state of the car as I don't trust the guy we've been in contact with one bit.......

arcon5

Does he have any proof to substantiate his theory? The burden of proof is on him at this stage.

Have the garage who diagnosed the fault at the clutch & flywheel put anything in writing?

Katemac

Nope, they've not collected the car, not been in contact nothing. Today was the first conversation with another guy that is claiming to be the boss called Patrick, the previous guy I spoke to over a week ago said he was the boss and was called Dave! So no, he has no proof to make such claims! We haven't got it to a garage, we know the problem as my other half is knowledgable about cars and is well acquainted with the symptons of such a failure. An AA report is £159 :-/ I'd rather not have to shell that out but if it helps bolster my case, I'd do it.

agrinnall

But even ignoring the clutch and flywheel issue for now, they also lied about the MoT and the cambelt change, presumably you have something in writing from them that differs from what you have subsequently discovered, so the car is still not 'as described' so you can reject it.

Katemac

Yes, I rang Autotrader and they emailed the advert text which I subsequently sent j

Katemac

Oops, continuing on......I sent the ad to them highlighting the areas that they had claimed were true but aren't! They don't have a leg to stand on but I can still see major hassle actually making them hand over the money. I'm going to get a reputable garage do a full report and I shall be taking photos of the cars interior and exterior as it wouldn't surprise me if they were to claim I'd done all sorts to it given the last accusatory phone call!

paddyrg

Don't mess around any more - get it into Court. Forget he said she said, document everything, document the calls, document the letter before action, start proceedings today with moneyclaimonline which is cheap and simple. They will delay, make stuff up, fob you off (hey, three lies in 24h means they aren't planning on playing nice). Judge can award a CCJ and if they still doing pay, courts can instruct bailiffs and other recovery mechanisms