Question about what to do next?

ThatIS123

marcarm wrote: »

If you "know" you have a case against them, despite what you have been told, then your next step is court action.

But then, if you "knew" that in the first place, why did you post on here looking for opinions?

Because court action is clearly most peoples last choice and they shouldn't need to go via that route if the law was followed.

I posted here in hope for some tips on "what to do next" which is exactly the title of this thread.

Thanks for your concern.

RichardD1970

ThatIS123 wrote: »

Believe it or not, I didnt go in there looking for new... I went looking for 2nd hand.

I was then told and I quote "I have these brand new pre registered cars that have been untouched and just lying in a lot waiting to be sold"

So yea, I was sold that. Even after what you said to be "new" I know I still hold a case against them.

It had 60 miles on it, 20 pre-registered to them and 40 to drive it from the dealership to my dealership.

So not untouched then?

Even so, that could quite conceivable be true. The car may very well have left the factory in that condition.

If they are offering to rectify the problems, under warranty, to a standard equitable to factory finish, then that is, as far as I can see, all you can expect as you are past the deadline to reject.

You could chase the manufacturer for info about the build path of the car and any "off track" rectification/repair work carried out but if you are getting the car back as factory fresh it's an awful lot of effort for next to no tangible reward.

lincroft1710

ThatIS123 wrote: »

This was indeed sold to me as an untouched brand new pre registered car.

"Untouched" is a rather inappropriate word for a dealer to use. The car has been obviously touched. It will have already been driven by several people but it even gets to the supplying dealer's premises.

ThatIS123

So quick update for you guys.

Car is in the dealer car park and keys were handed over to which they rejected, but finally handed over. Sales manager wanted nothing to do with and and changed their heart from We'll get it repaired to " yea how do we know you havent had a smash in it" Seems like I am at a standstill.

ThatIS123

Hello guys,

Have a meeting with the dealer principle on Monday, would anyone be so kind as to where I stand with the sales manager "You might have crashed it and are trying to get us to fix it" argument?

My understanding is if it's under 6 months old, as per consumer rights, the onus is on the dealer to prove it was of satisfactory quality when it was purchased.

Anything further I should do?

Roadrunner...

ThatIS123 wrote: »

Hello guys,

Have a meeting with the dealer principle on Monday, would anyone be so kind as to where I stand with the sales manager "You might have crashed it and are trying to get us to fix it" argument?

My understanding is if it's under 6 months old, as per consumer rights, the onus is on the dealer to prove it was of satisfactory quality when it was purchased.

Anything further I should do?

Your problem is you've got accident damage and a bad repair, if it's so bad why did you accept the car?

You didn't notice it so it can't have been that bad so it's not as clear cut as you think. You could have damaged it after you collected it. How can you evidence you didn't?

ThatIS123

Roadrunner... wrote: »

Your problem is you've got accident damage and a bad repair, if it's so bad why did you accept the car?

You didn't notice it so it can't have been that bad so it's not as clear cut as you think. You could have damaged it after you collected it. How can you evidence you didn't?

So with the way you're talking dealers can just !!!! all over customers? Let me ask you this, if my accident damage was a botch job done by the only bodyshop I do business with, why wouldn't my friend put that right? On the flip side, if he wasn't my friend, why would I not just claim my insurance or take a couple hundred quid hit and get it sprayed myself.

I see what you're saying, but you're way off point here to be entirely honest. I am asking for advice as per the law, not an opinion which whilst I respect, I find to be very one sided.

I took delivery of the car on a very thundery rainy day, I looked at it the best I can and no disrespect, but pulling up the hood on a brand new car is not something I or anyone I know does which is where you can indicate that it has been indeed painted (confirmed by dealership body manager themselves).

I don't need evidence apparently according to the consumer rights act, the onus is on the dealer and not actually me up until the 6 month mark.

Just imagine you're in my exact shoes for a minute, what would you do?

Roadrunner...

ThatIS123 wrote: »

So with the way you're talking dealers can just !!!! all over customers? Let me ask you this, if my accident damage was a botch job done by the only bodyshop I do business with, why wouldn't my friend put that right? On the flip side, if he wasn't my friend, why would I not just claim my insurance or take a couple hundred quid hit and get it sprayed myself.

I see what you're saying, but you're way off point here to be entirely honest. I am asking for advice as per the law, not an opinion which whilst I respect, I find to be very one sided.

I took delivery of the car on a very thundery rainy day, I looked at it the best I can and no disrespect, but pulling up the hood on a brand new car is not something I or anyone I know does which is where you can indicate that it has been indeed painted (confirmed by dealership body manager themselves).

I don't need evidence apparently according to the consumer rights act, the onus is on the dealer and not actually me up until the 6 month mark.

Just imagine you're in my exact shoes for a minute, what would you do?

Surely following the pre delivery inspection you signed to say you were happy with the condition of the car?

The dealer therefore has evidence the car was to your satisfaction when you drove away in it.

It's not as clear cut as you think.

ThatIS123

Roadrunner... wrote: »

Surely following the pre delivery inspection you signed to say you were happy with the condition of the car?

The dealer therefore has evidence the car was to your satisfaction when you drove away in it.

It's not as clear cut as you think.

Hidden repairs do not show up very easy to the car buyers eye. I was never made to sign that, I was made to sign my finance documents and nothing else So the dealer has no evidence of that.

The dealer has also offered repair which is essentially admitting a form of liability.

I'll see how it goes on Monday, in the meantime if there is anything you can help or suggest to me I'd very, very much appreciate it.

Like mentioned, I have my 2 independent reports, one of which I paid full price for. The other was given free as a secondary inspection from my friends bodyshop.

Aylesbury_Duck

Roadrunner... wrote: »

Your problem is you've got accident damage and a bad repair, if it's so bad why did you accept the car?

You didn't notice it so it can't have been that bad so it's not as clear cut as you think. You could have damaged it after you collected it. How can you evidence you didn't?

I agree with Roadrunner. This is the point you'll have to deal with if the dealer digs its heels in. There's no point getting shirty with people that aren't telling you what you want to hear. You need to be aware of the counter argument it looks like you'll encounter.