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Faulty car, Section 75, Court action, Help!!

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24

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  • atrixblue.-MFR-.
    atrixblue.-MFR-. Posts: 6,887 Forumite
    edited 13 June 2016 at 9:54PM
    I would probably have some fun at this point with the dealer, Reply saying thank you for you email of xyz and I consider the negative feedback issue a separate issue from your legal obligations to refund me.



    If this did ever get to court he would be seen as dishonorable and in "unlcean hands" to claim or imply he is a QC if he is not (search up the legalese definition of unclean hands or dirty hands as it often refered to). so if he want to play games let him dig a bit of deeper hole for himself
  • Ha ha, it is tempting to annoy the dealer a bit but we are going to try and be sensible grown-ups (for once :) )

    Once we do have the refund we will no longer be the owners of the vehicle so we will need to return other set of keys and all the paperwork we have regarding the car, service history, MOT's etc. I'm thinking courier it to them with a tracked signed for service so they can't say they didn't receive it??

    I guess we'll also have to inform DVLA that we have returned it too, we haven't had the new logbook through yet so can't do alot until we get that then send it to DVLA with a covering letter?
  • s_b
    s_b Posts: 4,464 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    what kind of listing was this that allowed you to give ebay feedback
  • s_b wrote: »
    what kind of listing was this that allowed you to give ebay feedback

    It is an ebay motors dealer listing. He is a proper trader with a business, not a private seller.

    We met with him in person but found the car through ebay, the invoice was sent to us from his business seller account. He left us feedback within a couple of hours and then pestered us to leave him feedback straight away. Glad we waited a few days now!!
  • I would start printing out you text messages and e-mails, I have a feeling you going to need them.


    Most dealers are now familiar with the new consumer legislation to be ignorant of them because another business partner claims to know them is not best practice and not something I would rely on if I were in business I could tell you. Ignorance is not a defence when he walks through the court doors I cant tell you.


    At this stage now you have "rejected" the vehicle and the vehicle is with them, I would next day delivery a letter stating as per e-mail I reject vehicle index number xyz as affective from the date of e-mail.
    and that there is no longer VED and NO INSURANCE and that any Speeding ticket, parking ticket, whilst in their position of the vehicle with be sent back to the relevant department naming (the QC guy) personally as he is a "QC" who is in charge of "legal" at that garage.


    I would then cancel the road tax for a refund.


    and cancel the insurance.


    and give proof of both to the dealer and credit card company.


    I would then demand either money or the Part ex back plus insurance cancellation fee's AA fee's etc and so forth. your entitle to be put back into the same position you were prior to the fault occurring.
  • s_b
    s_b Posts: 4,464 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    It is an ebay motors dealer listing. He is a proper trader with a business, not a private seller.

    We met with him in person but found the car through ebay, the invoice was sent to us from his business seller account. He left us feedback within a couple of hours and then pestered us to leave him feedback straight away. Glad we waited a few days now!!

    You cant as a buyer leave feedback on classified adverts so i ask how did you?
  • George_Michael
    George_Michael Posts: 4,251 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper
    s_b wrote: »
    You cant as a buyer leave feedback on classified adverts so i ask how did you?


    Where does it state that the car was purchased from a classified ad?
    There are plenty of business sellers who list vehicles on BIN listings, sellers such as this one:
    http://www.ebay.co.uk/sch/qcf05/m.html?_nkw=&_armrs=1&_ipg=&_from=
    and when buying from this sort of advert, feedback can be left.
  • s_b
    s_b Posts: 4,464 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    thanks george
    To op did you use a company credit card or a personal one? did you explain to seller you needed car to run your self employed business?
  • I would start printing out you text messages and e-mails, I have a feeling you going to need them.


    Most dealers are now familiar with the new consumer legislation to be ignorant of them because another business partner claims to know them is not best practice and not something I would rely on if I were in business I could tell you. Ignorance is not a defence when he walks through the court doors I cant tell you.


    At this stage now you have "rejected" the vehicle and the vehicle is with them, I would next day delivery a letter stating as per e-mail I reject vehicle index number xyz as affective from the date of e-mail.
    and that there is no longer VED and NO INSURANCE and that any Speeding ticket, parking ticket, whilst in their position of the vehicle with be sent back to the relevant department naming (the QC guy) personally as he is a "QC" who is in charge of "legal" at that garage.


    I would then cancel the road tax for a refund.


    and cancel the insurance.


    and give proof of both to the dealer and credit card company.


    I would then demand either money or the Part ex back plus insurance cancellation fee's AA fee's etc and so forth. your entitle to be put back into the same position you were prior to the fault occurring.


    :rotfl::rotfl::rotfl:

    Really? I doubt has has any legal qualifications and no QC would be working with a backstreet trader.
  • :rotfl::rotfl::rotfl:

    Really? I doubt has has any legal qualifications and no QC would be working with a backstreet trader.
    did you read this thread or just my quote? We can already gather the traders business partner being a QC is next to santa coming down my chimenea to give me key to a lamborghini hence use of comma's or quotations.
    :rotfl::T
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