Help with rogue car trader

Angryconsumer87

Hi,

This is a long one so TL:DR:

Want help with action against rogue dealer, all within first 30 days, gave 3 chances to fix it, got a commitment to full refund amount in writing, recorded phone calls, still got shafted with partial refund. Trader laughed in face and advised me f off d head when I informed him I would take him to trading standards. How to make him pay, both my money back and for breaking the law.

:mad:

So:

Shaking with anger earlier today at the exchanges I have had with the most dishonest person I have ever had the misfortune of dealing with.

The saga started on Saturday 26/08/17 when my girlfriend purchased a 2007 Renault Clio for £1200.

We took it for a test drive and all seemed well apart from the driver side window wouldnt open which he agreed to fix, so we made the purchase on the understanding there was a 3 months 'warranty wise' warranty included.

On the way home the engine management light came on so we immediately turned around and went back. He plugged in his diagnostic and said the car was low on oil. He put some oil in in front of us and reset the light.

The next day the light came on again but the dealer was closed so we waited untill Monday 28/08 and called him back. He said he had checked his records and the car was not serviced before it was sold so asked us to bring it back on 03/09/17.

We returned and he informed us he had completely forgotten and to return the following weekend. Really p!ssed off with this but give the guy the benefit of the doubt. He plugged it in and said the car is fine it just needs a service, he reset the light again and we drove away.

On Wednesday 06/09/17 the engine management light started flashing and the car was shaking violently at idle. Obviously stopped driving it at this point and got greenflag out to check that it was safe. Greenflag operative said that it was misfiring and needed the coil pack replacing. Have a copy of his report. He told me that this was easily identifiable by the popping noise coming from the exhaust and found that injector 1 was misfiring when he plugged it in.

Informed the garage who said no problem they would do the work at the weekend but could we bring it down on Friday and leave it with them. We took it down on Friday morning at 9am and picked it up at 3pm on Monday.

We picked the car up on Monday 11/09/17 and it was no longer shaking. However on the way home the engine mamanagement light was back on I checked the exhaust and sure enough the popping sound was back.

At this point we contacted the garage to request a refund under the 2015 consumer rights act. For 3 days he avoided my calls. So I started to record our conversations. On Wednesday 13/09 we finally had a conversation about the refund. He told us to bring the car back on Saturday. When we arrived he begged us to give him one more chance. He said he would have the car in perfect working order on Monday and would give us a written guarantee that if the issue was still there he would refund us in full.

Went to pick the car up on Monday (yesterday) evening and the popping noise was still there, I pointed this out to the mechanic and he shrugged his shoulders and got the dealer on the phone. He demanded to speak to my girlfriend and tried to tell her that the engine management light was off so he had done the work. She held her ground and said as it was misfiring she wanted a refund as agreed.

We left the car with the mechanic and I returned to the dealer today to hand over the V5 but the manager wasn't at the garage. I spoke to a member of staff there who called the manager. He said to take my bank details and he would do a bank transfer within the next 90 mins when he returned. I left the V5 and spare key and got a reciept stamped by the garage that said V5 and spare recieved bank transfer of £1500 to be made today 19/09/2017. Signed and stamped by the guy.

The refund didn't come. So my girlfriend rang him and he said he had done a card refund rather than a bank transfer and he would send the reciept. He didn't send it. I rang him and said I need the reciept after all this for my peace of mind. He started calling me a f'ing !!!! hole and that Id caused him no end of grief and he would do it in his own time.

He then sent me my girlfriend a photo of the refund reciept on whatsapp...for £1000. So I rang him back pointing out the law states that I am entitled to a full refund within 30 days. He started rambling on about who paid the garage, who pays for my time you aren't entitled to Jack shiz. I have all this recorded btw and told him this. Is he acting like this because nothing can be done!?

I want the money back sure but more than that I want him to know that he can't just break the law. Give us false promises in writing and make us travel a 75 mile round trip 4 times to then screw us out of 500 quid. I don't know if he can cancel card refunds after he has put it through. Will trading standards fine Him? Get my money back? Or is small claims better.

How do I make him pay. And what consequence is there for him for flagrantly breaking the law.

TheValheru

Try this first: http://www.which.co.uk/consumer-rights/letter/letter-before-small-claims-court-claim

motorguy

Angryconsumer87 wrote: »

Hi,

This is a long one so TL:DR:

Want help with action against rogue dealer, all within first 30 days, gave 3 chances to fix it, got a commitment to full refund amount in writing, recorded phone calls, still got shafted with partial refund. Trader laughed in face and advised me f off d head when I informed him I would take him to trading standards. How to make him pay, both my money back and for breaking the law.

:mad:

So:

Shaking with anger earlier today at the exchanges I have had with the most dishonest person I have ever had the misfortune of dealing with.

The saga started on Saturday 26/08/17 when my girlfriend purchased a 2007 Renault Clio for £1200.

We took it for a test drive and all seemed well apart from the driver side window wouldnt open which he agreed to fix, so we made the purchase on the understanding there was a 3 months 'warranty wise' warranty included.

On the way home the engine management light came on so we immediately turned around and went back. He plugged in his diagnostic and said the car was low on oil. He put some oil in in front of us and reset the light.

The next day the light came on again but the dealer was closed so we waited untill Monday 28/08 and called him back. He said he had checked his records and the car was not serviced before it was sold so asked us to bring it back on 03/09/17.

We returned and he informed us he had completely forgotten and to return the following weekend. Really p!ssed off with this but give the guy the benefit of the doubt. He plugged it in and said the car is fine it just needs a service, he reset the light again and we drove away.

On Wednesday 06/09/17 the engine management light started flashing and the car was shaking violently at idle. Obviously stopped driving it at this point and got greenflag out to check that it was safe. Greenflag operative said that it was misfiring and needed the coil pack replacing. Have a copy of his report. He told me that this was easily identifiable by the popping noise coming from the exhaust and found that injector 1 was misfiring when he plugged it in.

Informed the garage who said no problem they would do the work at the weekend but could we bring it down on Friday and leave it with them. We took it down on Friday morning at 9am and picked it up at 3pm on Monday.

We picked the car up on Monday 11/09/17 and it was no longer shaking. However on the way home the engine mamanagement light was back on I checked the exhaust and sure enough the popping sound was back.

At this point we contacted the garage to request a refund under the 2015 consumer rights act. For 3 days he avoided my calls. So I started to record our conversations. On Wednesday 13/09 we finally had a conversation about the refund. He told us to bring the car back on Saturday. When we arrived he begged us to give him one more chance. He said he would have the car in perfect working order on Monday and would give us a written guarantee that if the issue was still there he would refund us in full.

Went to pick the car up on Monday (yesterday) evening and the popping noise was still there, I pointed this out to the mechanic and he shrugged his shoulders and got the dealer on the phone. He demanded to speak to my girlfriend and tried to tell her that the engine management light was off so he had done the work. She held her ground and said as it was misfiring she wanted a refund as agreed.

We left the car with the mechanic and I returned to the dealer today to hand over the V5 but the manager wasn't at the garage. I spoke to a member of staff there who called the manager. He said to take my bank details and he would do a bank transfer within the next 90 mins when he returned. I left the V5 and spare key and got a reciept stamped by the garage that said V5 and spare recieved bank transfer of £1500 to be made today 19/09/2017. Signed and stamped by the guy.

The refund didn't come. So my girlfriend rang him and he said he had done a card refund rather than a bank transfer and he would send the reciept. He didn't send it. I rang him and said I need the reciept after all this for my peace of mind. He started calling me a f'ing !!!! hole and that Id caused him no end of grief and he would do it in his own time.

He then sent me my girlfriend a photo of the refund reciept on whatsapp...for £1000. So I rang him back pointing out the law states that I am entitled to a full refund within 30 days. He started rambling on about who paid the garage, who pays for my time you aren't entitled to Jack shiz. I have all this recorded btw and told him this. Is he acting like this because nothing can be done!?

I want the money back sure but more than that I want him to know that he can't just break the law. Give us false promises in writing and make us travel a 75 mile round trip 4 times to then screw us out of 500 quid. I don't know if he can cancel card refunds after he has put it through. Will trading standards fine Him? Get my money back? Or is small claims better.

How do I make him pay. And what consequence is there for him for flagrantly breaking the law.

You said she paid £1200. Why was he refunding £1500?

Angryconsumer87

That was a typo. My mistake.

Angryconsumer87

I will send him this tomorrow. Thanks for the template.

Would you simultaneously report to trading standards. Can they do anything? Or is it a case of I have to take him to court and the next person has to deal with the joker and do the same. I obviously want my money back but almost more important is his attitude about the whole thing. He needs to change the way he does business!

motorguy

Angryconsumer87 wrote: »

I will send him this tomorrow. Thanks for the template.

Would you simultaneously report to trading standards. Can they do anything? Or is it a case of I have to take him to court and the next person has to deal with the joker and do the same. I obviously want my money back but almost more important is his attitude about the whole thing. He needs to change the way he does business!

Trading standards wont help you personally. They'll offer advice and maybe get round to investigating his business practices if enough people complain.

I would say your only choice is to pursue him through the small claims court for the remaining £500

Warwick_Hunt

As a consumer you can't go to trading standards direct, you'll need to go to the citizens advice bureau.

DoaM

tl;dr ... how was the £1500 purchase price paid?

Angryconsumer87

The money was paid by debit card.

I will take him to court then I guess. Although it seems to me that the consumer rights act is a bit of wet lettuce if the only penalty he has to pay is what he owes and what? £25 court costs for money claims online.

I'm not surprised he tries it on its worth it for him. If he gets away with it a few times a month it would be a nice little earner. There should be some sort of accountability.

There is a billboard on the junction where his garage is. I feel like renting it out to warn people off!

The_Biff

You might get a wider exposure if you named him on MSE.

parking_question_chap

Cannot help in this instance, but did you not check the oil? or its last service date when inspecting the car?