Advice/help - faulty car / consumer act 2015

Grumpy_chap

daisydoom said:

The car has been in some sort of accident (but the report via autotrader was clear - so I am also going to contact autotrader as well to report this)

Did you do your own (paid for) HPI check? 
If so, that may give you a route to recover losses as I understand those services sometimes include some insurance against incorrect data.  Of course, the car could have been in an accident and not recorded, but for the level of damage you report that is not necessarily likely.

The free data on Autotrader is really only provided as a marketing tie-up between Autotrader and the car check service (HPI or whoever).

If there was information passed on by the Dealer, then it could be a mis-type in the advert or, if genuine, only the Dealer (with a contractual relationship with the car check service) would have any redress.

daisydoom

Grumpy_chap said:

daisydoom said:

I asked for their selling regs - 

You don't need any of that.  Just asking could mean they are rapidly writing something to say you can't reject.

You don't need to know about faults.

Reject as a remote purchase within the 14-days:
https://www.which.co.uk/consumer-rights/regulation/consumer-contracts-regulations-ajWHC8m21cAk

EDIT - in fact, the more you do, the weaker your case as the more you do, the more it can be argued that you devalued the goods and a deduction is permissible.  All you are really allowed to do is the same as if you viewed in the premises.

Thank you again - for your time & advice and for taking the time to reply.

I am going to speak to a lawyer tomorrow so I don't do anything else wrong!  

daisydoom

Grumpy_chap said:

daisydoom said:

The car has been in some sort of accident (but the report via autotrader was clear - so I am also going to contact autotrader as well to report this)

Did you do your own (paid for) HPI check? 
If so, that may give you a route to recover losses as I understand those services sometimes include some insurance against incorrect data.  Of course, the car could have been in an accident and not recorded, but for the level of damage you report that is not necessarily likely.

The free data on Autotrader is really only provided as a marketing tie-up between Autotrader and the car check service (HPI or whoever).

If there was information passed on by the Dealer, then it could be a mis-type in the advert or, if genuine, only the Dealer (with a contractual relationship with the car check service) would have any redress.

Unfortaunetly not - because I thought that wee check thing was ok - as I saw cars that did have damage reported.

Right now I am the poster girl for doing everything wrong...

Remote sale/ small dealer/ - its like I've not read the advice on this site/ newsletters for about 10 years.

I so hope anyone else finding this pays attention

I am on a wing and a prayer for the dealer to do the right/ comply with the law.

DB1904

daisydoom said:

Grumpy_chap said:

daisydoom said:

The car has been in some sort of accident (but the report via autotrader was clear - so I am also going to contact autotrader as well to report this)

Did you do your own (paid for) HPI check? 
If so, that may give you a route to recover losses as I understand those services sometimes include some insurance against incorrect data.  Of course, the car could have been in an accident and not recorded, but for the level of damage you report that is not necessarily likely.

The free data on Autotrader is really only provided as a marketing tie-up between Autotrader and the car check service (HPI or whoever).

If there was information passed on by the Dealer, then it could be a mis-type in the advert or, if genuine, only the Dealer (with a contractual relationship with the car check service) would have any redress.

Unfortaunetly not - because I thought that wee check thing was ok - as I saw cars that did have damage reported.

Right now I am the poster girl for doing everything wrong...

Remote sale/ small dealer/ - its like I've not read the advice on this site/ newsletters for about 10 years.

I so hope anyone else finding this pays attention

I am on a wing and a prayer for the dealer to do the right/ comply with the law.

Have you looked at the dealers history on companies house? If it is a limited company. 

daisydoom

DB1904 said:

daisydoom said:

Grumpy_chap said:

daisydoom said:

The car has been in some sort of accident (but the report via autotrader was clear - so I am also going to contact autotrader as well to report this)

Did you do your own (paid for) HPI check? 
If so, that may give you a route to recover losses as I understand those services sometimes include some insurance against incorrect data.  Of course, the car could have been in an accident and not recorded, but for the level of damage you report that is not necessarily likely.

The free data on Autotrader is really only provided as a marketing tie-up between Autotrader and the car check service (HPI or whoever).

If there was information passed on by the Dealer, then it could be a mis-type in the advert or, if genuine, only the Dealer (with a contractual relationship with the car check service) would have any redress.

Unfortaunetly not - because I thought that wee check thing was ok - as I saw cars that did have damage reported.

Right now I am the poster girl for doing everything wrong...

Remote sale/ small dealer/ - its like I've not read the advice on this site/ newsletters for about 10 years.

I so hope anyone else finding this pays attention

I am on a wing and a prayer for the dealer to do the right/ comply with the law.

Have you looked at the dealers history on companies house? If it is a limited company. 

I have - they were established in 2016 - recent director change 

NSG666

Gutted for you. I was really hoping it was something simple but it's all taken a sinister turn. It sounds like you are already going down the right lines taking legal advice from someone who will remain calm and know what and just as important what not do do. Lots of well intentioned advice on here but sometimes it gets difficult to know who are the ones who know as opposed to who are the ones that think they know.

Other than a full refund, don't agree to anything without legal advice.

Jenni_D

Apologies if you've already said, but we're now on page 5 ... how did you pay for the car?

daisydoom

I did the most stupid non money saving expert thing ever - and paid via bank transfer 

So yup - I know - I am stupid/ an idiot etc etc etc 

Jenni_D

Shame. If you'd paid even 1p on a credit card you'd have had Section 75 protection for the whole amount.

Looks like you may have an uphill struggle unfortunately. The reason someone asked earlier about whether the dealer was a Ltd company, and who they are, is to try and get an idea how stable the company is and whether they'd simply fold and phoenix if faced with a court claim.

Raising a court claim (whether via MCOL or serving a paper claim) costs £455 for a claim of £5k+

https://www.gov.uk/make-court-claim-for-money/court-fees

daisydoom

Thanks - and yup (I have kciked myself so hard over this that there are bruises on bruises)

 - I have done nothing but google & try not to throw up for the last 12 hours since speaking to the garage.

Once I speak to the legal person this afternoon  - I will follow their guidance and I am at about a 2% level of hope at the moment that the dealer will do the right thing.