[Legal Action] - Set aside judgement - Major car dealership.

452

lace99 said:

TonyMMM said:

The set aside will be granted (they usually are)
What exactly are you claiming ....a full refund, repair costs, hire car costs ? 
As above - did you reject (and return) the car or are you still using it ?

I don't mind if they judgement gets set aside, as I want to expose this company in Court. They have a bad history of selling cars not as described, as per their multiple bad Google reviews online.

I am claiming for repair costs to rectify the bodywork damage (for which I have a quote), plus compensation. Please see above for a breakdown of the faults.

I did not reject the car, and I am still using it.

Thank you.

If you get the defects rectified what compassion do yo think you're due and for what?

chrisw

452 said:

I wouldn't bother with the owner bit. There was one previous keeper on the vehicle when you got it if you are the third. 

I wouldn't bother with the mileage bit either unless your talking thousands or a relatively high percentage increase.  Eg 200 miles on 20000 is neither here nor there.

lace99

452 said:

I wouldn't bother with the owner bit. There was one previous keeper on the vehicle when you got it if you are the third. 

I would agree, but the salesman told me the car has only ever had one owner, and this is what the advert stated as well. It never said "one previous owner".

I only found out it had 2 previous owners when I got the log book in. I asked the salesman to show me the logbook on the day I purchased, but he never had it to hand.

k3lvc

lace99 said:

k3lvc said:

Given this is now 'months' ago and you're still using the car I suspect you're on a hiding to nothing. What exactly was the 'bodywork damage' ? Was the 'significantly higher' mileage covered by the delivery as they suggest ? And for the 'keepers' you could have checked this pre-purchase.
Are we talking a manufacturer approved used car or a low end car from a car supermarket ?
 

Large stonechips to the bonnet and front bumper. Scuffing to the wing mirror (looks like it hit a white car). Curbing to one of the alloys.

The salesman on the day told me the car was 1 owner, and it specifically states this in the sales advert.

This is approved used car from a national dealership. They are a main dealer for many different brands. They sell brand new and used approved cars. It is not a car supermarket.

So why did you not just reject the delivery of the car on arrival ? 
Did you use the formal complaints procedure for the marque operating the approved used scheme or have you bypassed that and made a threat to dealer that you then had to follow through ?
On the face of it with your 'acceptance' of the car and the loose timelines you've shared I'm not seeing you getting anything from this

AdrianC

 lace99 said:
I never rejected the car. I asked for the dealership to put the issues right with the car and/or offer compensation. These issues are as follows:
- Bodywork damage
- The mileage on the odometer was significantly higher than what I purchased the car at, and which was on the sale documentation.
- The car has 2 former owners, when the sale advert specifically said "1 owner car". Not 1 previous owner, but specifically 1 owner. I have proof of this.

They stated the first two issues came about whilst the car was being driven to me for delivery. The point is, I never consented for them (either through contract or verbally) to ever physically drive my car for delivery. It was implied that the car would be delivered on the back of a truck, as they normally are.

In no particular order...

No, used cars are not "normally" delivered by truck. They are very, very commonly driven. How far away from the supplying dealer are you, and how many extra miles are we talking about? In the absence of specific assurances - and most likely you agreeing to pay the extra cost - I would not be expecting it to be delivered by truck, especially if you are a non-trivial distance from the dealership.

How much do you think the value of the car is impacted by from having one extra keeper recorded and that difference in mileage? Because that - at the outside - is what you're due.

It's entirely possible the number of documented keepers and "number of owners" are consistent. One person may have bought it new under a discount scheme that required it to be registered to the dealership for a short period. Or they may have bought it pre-registered. Or it may have been registered to a finance house but remained with them throughout - perhaps a PCP that had it registered to the financier.

As far as the stonechips go, yes, I'd be expecting them to sort that. I presume you physically viewed the car prior to agreeing to purchase it?

lace99

k3lvc said:

lace99 said:

k3lvc said:

Given this is now 'months' ago and you're still using the car I suspect you're on a hiding to nothing. What exactly was the 'bodywork damage' ? Was the 'significantly higher' mileage covered by the delivery as they suggest ? And for the 'keepers' you could have checked this pre-purchase.
Are we talking a manufacturer approved used car or a low end car from a car supermarket ?
 

Large stonechips to the bonnet and front bumper. Scuffing to the wing mirror (looks like it hit a white car). Curbing to one of the alloys.

The salesman on the day told me the car was 1 owner, and it specifically states this in the sales advert.

This is approved used car from a national dealership. They are a main dealer for many different brands. They sell brand new and used approved cars. It is not a car supermarket.

So why did you not just reject the delivery of the car on arrival ? 
Did you use the formal complaints procedure for the marque operating the approved used scheme or have you bypassed that and made a threat to dealer that you then had to follow through ?
On the face of it with your 'acceptance' of the car and the loose timelines you've shared I'm not seeing you getting anything from this

I tried to, but the guy delivering the car told me to contact the dealership when I got home, so that's what I stupidly did. I got home, took photos of everything, and immediately emailed him everything that's wrong.

I used the formal complaints procedure. It goes something like this:

Salesman - Dealership Manager - Head Office

At the end of the day, I just want my car repaired. That's all I've ever wanted. As for the extra owner issue, I simply want to be compensated for this. The reason I don't want to reject the car outright comes down to my Mrs. She loves the colour which was special order from factory when the original owner ordered the car.

k3lvc

lace99 said:

k3lvc said:

lace99 said:

k3lvc said:

Given this is now 'months' ago and you're still using the car I suspect you're on a hiding to nothing. What exactly was the 'bodywork damage' ? Was the 'significantly higher' mileage covered by the delivery as they suggest ? And for the 'keepers' you could have checked this pre-purchase.
Are we talking a manufacturer approved used car or a low end car from a car supermarket ?
 

Large stonechips to the bonnet and front bumper. Scuffing to the wing mirror (looks like it hit a white car). Curbing to one of the alloys.

The salesman on the day told me the car was 1 owner, and it specifically states this in the sales advert.

This is approved used car from a national dealership. They are a main dealer for many different brands. They sell brand new and used approved cars. It is not a car supermarket.

So why did you not just reject the delivery of the car on arrival ? 
Did you use the formal complaints procedure for the marque operating the approved used scheme or have you bypassed that and made a threat to dealer that you then had to follow through ?
On the face of it with your 'acceptance' of the car and the loose timelines you've shared I'm not seeing you getting anything from this

I tried to, but the guy delivering the car told me to contact the dealership when I got home, so that's what I stupidly did. I got home, took photos of everything, and immediately emailed him everything that's wrong.

I used the formal complaints procedure. It goes something like this:

Salesman - Dealership Manager - Head Office

At the end of the day, I just want my car repaired. That's all I've ever wanted. As for the extra owner issue, I simply want to be compensated for this. The reason I don't want to reject the car outright comes down to my Mrs. She loves the colour which was special order from factory when the original owner ordered the car.

So did you not sign for the car on delivery ? I had a similar issue some years ago with Stratstone, also on a car in a rare colour, but the delivery driver was told no signature until I had written confirmation from salesman that the issues would be addressed at their cost and how. Even with that I had to escalate to Stratstone HO to get it sorted after salesman 'left'.
Personally given the 'months' that have passed I'd be putting it down to experience to keep Mrs lace99 happy

Car_54

DoaM said:

FTSE 250 likely means EH or Arnold Shark.

Neither of those are in the FTSE250. Arnold Clark is not even listed: it's a private company.

lace99

k3lvc said:

lace99 said:

k3lvc said:

lace99 said:

k3lvc said:

Given this is now 'months' ago and you're still using the car I suspect you're on a hiding to nothing. What exactly was the 'bodywork damage' ? Was the 'significantly higher' mileage covered by the delivery as they suggest ? And for the 'keepers' you could have checked this pre-purchase.
Are we talking a manufacturer approved used car or a low end car from a car supermarket ?
 

Large stonechips to the bonnet and front bumper. Scuffing to the wing mirror (looks like it hit a white car). Curbing to one of the alloys.

The salesman on the day told me the car was 1 owner, and it specifically states this in the sales advert.

This is approved used car from a national dealership. They are a main dealer for many different brands. They sell brand new and used approved cars. It is not a car supermarket.

So why did you not just reject the delivery of the car on arrival ? 
Did you use the formal complaints procedure for the marque operating the approved used scheme or have you bypassed that and made a threat to dealer that you then had to follow through ?
On the face of it with your 'acceptance' of the car and the loose timelines you've shared I'm not seeing you getting anything from this

I tried to, but the guy delivering the car told me to contact the dealership when I got home, so that's what I stupidly did. I got home, took photos of everything, and immediately emailed him everything that's wrong.

I used the formal complaints procedure. It goes something like this:

Salesman - Dealership Manager - Head Office

At the end of the day, I just want my car repaired. That's all I've ever wanted. As for the extra owner issue, I simply want to be compensated for this. The reason I don't want to reject the car outright comes down to my Mrs. She loves the colour which was special order from factory when the original owner ordered the car.

So did you not sign for the car on delivery ? I had a similar issue some years ago with Stratstone, also on a car in a rare colour, but the delivery driver was told no signature until I had written confirmation from salesman that the issues would be addressed at their cost and how. Even with that I had to escalate to Stratstone HO to get it sorted after salesman 'left'.
Personally given the 'months' that have passed I'd be putting it down to experience to keep Mrs lace99 happy

I did, but I wrote on the paperwork that there were areas of damage that had been noted, and that I would contact XXX (name of salesman) about it, as per the delivery drivers advice.

The delivery driver did try and call the dealership at the time, but nobody picked up.

In a similar situation to you, the salesman who sold me my car also mysteriously left the organisation two weeks or so after I purchased.

It's been three months, give or take, but we've been in lockdown for 6 weeks of them, so it hasn't helped matters with everything being shut

k3lvc

Car_54 said:

DoaM said:

FTSE 250 likely means EH or Arnold Shark.

Neither of those are in the FTSE250. Arnold Clark is not even listed: it's a private company.

Aston Martin or Inchcape then