I think i'm being ripper off by a car supermarket

benluke4

Hi,

I really need your help and advice.

On the 20th December I picked up and paid for a car I purchased from a car supermarket.

The deal was that they would replace a cracked panel and the previous week I agreed over the phone that if this was done then I would pay the agreed price.

I was contacted that week saying it had been done and the car was ready to be picked up.

On the 20th Dec I went and paid (half was paid on a credit card). Once again I was assured everything agreed had been done. By the time we went through the paper work it was dark and raining. I went and had a quick look at the panel in question and could not see the pre-existing crack so I was happy that they had kept there word and replaced it.

On the 24th whilst cleaning the car I noticed that the crack was still present. They had done a very good job of filling it and polishing it but it was still there.

I phoned them straight away to inform them. Since then I phoned them numerous times . I've been told by the salesman that sold me the car that if it has not been done then it will be done. He asked me to contact the service department, which I did. Today I received an email from the service department stating that I need to come in and see the service manager and he will decide whether the part needs replacing or not. I informed her that the deal was that it was to be replaced.

If they refuse to replace it what are my rights?

Can I contact my credit card company and cancel the payment?

One thing I must add... I record some of my mobile phone conversations... After getting the feeling that I was about to get ripped off I recorded a conversation between myself and the salesman where he clearly states that the part will be replaced. I'm not 100% sure what the rules are with recording conversations but from what i've read I understand that... A recording made by one party to a phone call without notifying the other is not prohibited provided that the recording is for their own use; recording without notification is prohibited where some of the contents of the communication—a phone conversation are made available to a third party.

Now being that the car supermarket is who I recorded can I or should I be letting them know that I have the conversation recorded when I see them tomorrow?

What shoud I do and what are my rights?

Please help as I paid a lot of money for the car.

Many thanks
Ben

Bantex_2

Can you prove they agreed to replace rather than repair the panel?

benluke4

Hi,

Yes, on the recorded phone conversation.

Ben

shaun_from_Africa

Can I contact my credit card company and cancel the payment?

You could do but would be far better off contacting your credit card company and asking them to send you the paperwork for a "Section 75" claim.
This refers to section 75 of the consumer credit act, and basically it makes any credit provider jointly liable with the goods supplier for any breech of contract.
http://www.moneysavingexpert.com/shopping/section75-protect-your-purchases
Even though you only paid half on the card, the card issuer is still liable for the full price if it is decided that you have a valid claim.

You paid for a car that was to have had a new panel fitted and you didn't receive this, therefore you are legally entitled to reject it and obtain a full refund.

bod1467

And yes - tell them you have a recording as proof of replacement panel.

You are not allowed to play that recording to anyone other than the other person (who was recorded), if you didn't give prior notice of making the recording. (If it got to a court claim then the Judge can probably request the recording to be played).

However you are entirely at liberty to create and publish a transcript of the recording.

paddyrg

Good for you holding proof - let them know you have this proof (maybe mail a transcript as above) and keep it somewhere safe.

Someone'll **** their pants at being caught out, but it'll get done.

spacey2012

bod1467 wrote: »

And yes - tell them you have a recording as proof of replacement panel.

You are not allowed to play that recording to anyone other than the other person (who was recorded), if you didn't give prior notice of making the recording. (If it got to a court claim then the Judge can probably request the recording to be played).

However you are entirely at liberty to create and publish a transcript of the recording.

You can film or record anyone without permission.

Bantex_2

spacey2012 wrote: »

You can film or record anyone without permission.

You cannot usually publish it though.

shaun_from_Africa

spacey2012 wrote: »

You can film or record anyone without permission.

But if a person being recorded in a telephone conversation wasn't informed prior to the recording being made then you can't release that telephone recording without their permission unless a judge or other legal body requests it.

spacey2012

Yes you can, you can do what you like with it.

shaun_from_Africa

No you can't.
This is covered by legislation. (Regulation of Investigatory Powers Act 2000)
http://www.ofcom.org.uk/static/archive/oftel/consumer/advice/faqs/prvfaq3.htm
[FONT=Arial, Helvetica, sans-serif]Can I record telephone conversations on my home phone? [/FONT]

[FONT=Arial, Helvetica, sans-serif]Yes. The relevant law, RIPA, does not prohibit individuals from recording their own communications provided that the recording is for their own use. Recording or monitoring are only prohibited where some of the contents of the communication - which can be a phone conversation or an e-mail - are made available to a third party, ie someone who was neither the caller or sender nor the intended recipient of the original communication. For further information see the Home Office website where RIPA is posted.[/FONT]

[FONT=Arial, Helvetica, sans-serif]Do I have to let people know that I intend to record their telephone conversations with me?[/FONT]
[FONT=Arial, Helvetica, sans-serif]No, provided you are not intending to make the contents of the communication available to a third party. If you are you will need the consent of the person you are recording. [/FONT]