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Dodgy car dealers

I'm currently taking a car dealer to court because I was sold a faulty car that was not as described or fit for purpose.

I just realised I didn't sign my copy of the dealers dodgy warranty, does this give me any extra leverage?

He's been adamant that he was entitled to repair the car although he refused to acknowledge all the faults which there are 10 of in total.

He signed the acknowledgment of service to buy extra time to prepare his defence which is just a two finger action towards me in my opinion.
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Comments

  • motorguy
    motorguy Posts: 22,626 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Edd1974 wrote: »
    I'm currently taking a car dealer to court because I was sold a faulty car that was not as described or fit for purpose.

    I just realised I didn't sign my copy of the dealers dodgy warranty, does this give me any extra leverage?

    He's been adamant that he was entitled to repair the car although he refused to acknowledge all the faults which there are 10 of in total.

    He signed the acknowledgment of service to buy extra time to prepare his defence which is just a two finger action towards me in my opinion.

    When did you buy the car, what is the car, how much did you pay for it, how long after purchase did you attempt to reject, have you put the car beyond use or are you still driving it, or are you billing the dealer for repairs you did?

    The answers to those questions are more significant than the signing of the warranty.
  • Why do you think the dealer is giving a "two finger" reaction to you by filing an Acknowledgement of Service? Everyone is entitled to defend themselves when Court proceedings are issued! Suspected mass murderers are still innocent until proven guilty. If you ask an solicitor, the first thing they do is file the Acknowledgement of Service once proceedings are issued. It protects their position and ensures that default judgment cannot be obtained. Then a Defence is filed.

    What did you expect to happen? The dealer wouldn't file and Acknowledgement of Service and you would get default judgment and you would send the bailiffs down?

    Are you one of those people who have bought a circa 100,000 mile car for £500 and expect it to be in as new condition. Can you give us details of the supposed 10 faults?
  • neilmcl
    neilmcl Posts: 19,460 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Edd1974 wrote: »
    He's been adamant that he was entitled to repair the car although he refused to acknowledge all the faults which there are 10 of in total.
    And the law may well be on his side then. More details please if you want some relevant advice or else you could be wasting your time going to court.
  • Edd1974
    Edd1974 Posts: 15 Forumite
    edited 20 February 2016 at 8:05PM
    2002 mini cooper 87k miles £3000 i bought it on the 28/11/15 and rejected it on the 12/12/15 because it has 10 faults confirmed by a garage that will cost in the region of £2500 to fix. three faults were present at purchase loosing 1 litre of coolant every 50 miles faulty remote locking and faulty climate control.

    other faults include a massive oil leak which may have been there and probably was

    oh i covered 300 miles in it.

    hardly a cheap motor.
  • motorguy
    motorguy Posts: 22,626 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Edd1974 wrote: »
    2002 mini cooper 87k miles £3000 i bought it on the 28/11/15 and rejected it on the 12/12/15 because it has 10 faults confirmed by a garage that will cost in the region of £2500 to fix. three faults were present at purchase loosing 1 litre of coolant every 50 miles faulty remote locking and faulty climate control.

    other faults include a massive oil leak which may have been there and probably was

    oh i covered 300 miles in it.

    hardly a cheap motor.

    No, not a cheap one, but an old one.

    You're right to be pushing back on the dealer though, if hes stupid enough to be retailing a 14 year old car, then he needs to know he has to stand over it.

    If you do get your money back, dont go for another one - they're fragile at the best of times, let alone at that age and at the prices they seem to command.
  • neilmcl
    neilmcl Posts: 19,460 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Thanks for getting back to us. Going by the dates your purchase is covered by the new Consumer Rights Act 2015 within in which you do have a short term right to reject of 30 days, of which you seem to have exercised. If you can prove those faults were present at purchase then you should be entitled to a full refund.
  • Edd1974
    Edd1974 Posts: 15 Forumite
    here's hoping, i have a mechanics report on the faults and its going to be hard to deny they were present after as i only drove a very small mileage..just wondering if i didn't sign the shady warranty he cant try and use that against me...
  • neilmcl
    neilmcl Posts: 19,460 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Forget the warranty, it isn't relevant.
  • Edd1974
    Edd1974 Posts: 15 Forumite
    no fear i wont be getting another one that's for sure...utter garbage
    should have rang alarm bells really like you say a so called decent dealer selling an old car
  • Edd1974
    Edd1974 Posts: 15 Forumite
    neilmcl wrote: »
    Forget the warranty, it isn't relevant.

    wasn't sure to be honest, i tried to phone the dealer to ask him again for a refund today and he said i cant talk to me my solicitor told me not to....id have thought a good solicitor would tell him to resolve this issue out of court if possible?
    i can stop the legal action at any time if he decides to do the right thing..
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