Miss sold nearl new car

Gordonsalive

Hi All,
[FONT=&quot]Bit of a long story but I will do my best to get it all down. I am missing out chunks to get the main points down. [/FONT]
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[FONT=&quot]In August I bought a car from a large car supermarket, based in bury. When I was looking at the car (2 years old) I asked if it had been in any accidents and was told no absolutely not.[/FONT]
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[FONT=&quot]After about 3 days, it became apparent it had been in an accident, so I spoke to the dealer as I wanted to return the car, my response was you cant expect a used car to not have been in an accident. [/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Simultaneously I spoke to the finance company, who arranged for it be inspected – the car was inspected, and I was told it had been in a bad accident, and not repaired properly. The inspector told me to get rid as he felt it wouldn’t be around in 12 months. [/FONT]
[FONT=&quot]And low and behold its now starting to rust.[/FONT]
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[FONT=&quot]The finance company have said the dealer hasn’t done anything wrong and there for they will not take the car back.[/FONT]
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[FONT=&quot]This was all in August, I have then gone to the financial ombudsman, who have investigated, and have said the car must go back. [/FONT]
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[FONT=&quot]However, the finance company (BMW financial services) are not responding, meaning the it must go direct to the ombudsman. This could take another 3 months I am told.[/FONT]
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[FONT=&quot]The finance company are also charging me more than my agreement, their response is we know its wrong, but tough we will fix it when we fix it!! they wont change, nor give me my money back even though the acknowledge that it’s the wrong amount. They need a new agreement setting up, but they won’t say when or who or how its going to be done. [/FONT]
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[FONT=&quot]If you google you have 30 days to return an item if you have miss sold, I believe I have, but both the finance company and the dealer wont budge. You can’t pull out of a contract either within 30days, something I also thought was true. [/FONT]
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[FONT=&quot]When I said I am cancelling my DD until you sort the amount out, I was simply threatened with bad credit, in all you have 0 rights. Right now, it appears to me you cant do anything. [/FONT]
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[FONT=&quot]Has anyone got any advice? I know I can wait for the ombudsman, but by then I will have paid nearly 2k in payments and I wont get any of that back.[/FONT]
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[FONT=&quot]Thanks in advance,[/FONT]
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[FONT=&quot]A [/FONT]
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AdrianC

Gordonsalive wrote: »

[FONT=&quot]In August I bought a car from a large car supermarket, based in bury. When I was looking at the car (2 years old) I asked if it had been in any accidents and was told no absolutely not.

[/FONT]
[FONT=&quot]They have absolutely no way to know that. All they can say is that it hasn't - to the best of their knowledge.

The only time collision damage is ever logged anywhere is if the car has been written off by an insurer.[/FONT]
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[FONT=&quot]

After about 3 days, it became apparent it had been in an accident, so I spoke to the dealer as I wanted to return the car, my response was you cant expect a used car to not have been in an accident.

[/FONT]
[FONT=&quot]Which is true. E[/FONT][FONT=&quot][FONT=&quot]ven brand new cars have often had bodywork repairs before delivery, because of transit damage.[/FONT][/FONT]

[FONT=&quot]

Simultaneously I spoke to the finance company, who arranged for it be inspected – the car was inspected, and I was told it had been in a bad accident, and not repaired properly.

[/FONT]
[FONT=&quot]Then you may well have grounds to return it.
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[FONT=&quot]

If you google you have 30 days to return an item if you have miss sold

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[FONT=&quot]Forget "mis-sold". That's irrelevant. You bought it, you weren't "sold" it. You have the right to return goods if they do not fit the description, and are not of the quality expected of goods of that price/age/apparent quality. Poorly repaired previous collision damage on a main-dealer retailed car would fall into that.[/FONT]
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[FONT=&quot]It is not the fact that it's been damaged and repaired that makes you able to return it - it's the poor quality of the repairs. Focus on those.
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[FONT=&quot]

When I said I am cancelling my DD until you sort the amount out, I was simply threatened with bad credit, in all you have 0 rights.

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[FONT=&quot]You have rights. But simply refusing to pay any more is not one of them. If you're returning the car, you need to return it.
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Right now, it appears to me you cant do anything.[/FONT]

Tell the dealer you are returning the car, on the grounds of the poor quality previous collision repairs, notified to them within 30 days of purchase. If they do not accept the return, then you need to physically leave the car and all paperwork with them, and take them to court for the return of your money.

DoaM

AdrianC wrote: »

If they do not accept the return, then you need to physically leave the car and all paperwork with them, and take them to court for the return of your money.

Just raise a Section 75 claim on the finance company. They're jointly and severally liable with the seller for the performance of the contract.

Gordonsalive

I will have a look at that - never heard of a section 75


thanks

foxy-stoat

Gordonsalive wrote: »

I will have a look at that - never heard of a section 75


thanks

Did you use a credit card to pay for the car or part of?

Gordonsalive

Just the holding fee which they never refunded ....

DoaM

foxy-stoat wrote: »

Did you use a credit card to pay for the car or part of?

Doesn't matter - OP used finance for the vehicle: this also affords S75 protection (provided that it was finance directly attributable to the purchase, and not just a loan from the bank which you then used to buy a car).

Scrapit

Sounds like bmw will not be willing to do the section75 though.

Op search Martin's site for section 75 so you are up to speed on it

k3lvc

Gordonsalive wrote: »

[FONT=&quot]However, the finance company (BMW financial services) are not responding, meaning the it must go direct to the ombudsman. This could take another 3 months I am told.[/FONT]

Out of interest did you get BMW Finance from a non-BMW dealer ?

Gordonsalive

Yes, its alperhia finance, but are BMW. The case against them is down as BMW financial services.

DoaM

Scrapit wrote: »

Sounds like bmw will not be willing to do the section75 though.

Finance companies don't really have a choice ... S75 is a legal right for relevant claims. If you have a claim against the retailer you have an equal claim against the credit provider. The consumer can pursue either or both parties in respect of the claim, so if the retailer is not responding then the consumer can pursue the credit provider separately.