Big Car Company V Little People

CurlyDolly

On the 18th June We went to a County Show

We were looking around the EH stand. (Not sure if I am allowed to mention the Garage!!)

The EH Representative came over to us and asked if we were interested.

We said we had a Mustang and was looking to change our vehicle to a Transit Van.

They said they would be happy to take our Mustang in part exchange.

We had owned our Mustang from 25th February 2023.  The vehicle had a full-service history and was HPI clear. During this time (2Years 3months) I have had no problems with the vehicle, only general maintenance.

The representative said they did not have that vehicle in stock that we were interested in but would take our details and would keep in contact with us.

Sure enough, a few days later 23rd June we received an email from EH Rep, with a video of a walk round of a Transit Van that they now had in stock for sale. I said that I was interested in the vehicle and gave them my registration of my Mustang for them to be able to give me a price for my trade in vehicle.

On the 24th June I went to EH to have a look at the Transit Van in the video.

On arrival at the depot, we test drove the Transit Van and EH Rep did a thorough appraisal of my Mustang, including photos at all angles, a test drive and HPI checks.

The EH Rep then spoke to his Manager and gave me a trade in price for my Mustang against the Transit Van.  We agreed with this deal.

We received all the documentation via email on 25th June to e-sign. We then received confirmation of this of 26th June.

We then took my Mustang on Friday 27th June and collected the Transit Van the same day. At this time my Mustang was checked over again before they released the Transit Van to me.

At the time we was very satisfied with my sale of the Mustang and purchase of the Transit Van.

We then saw the Mustang up sale at the same depot (Lincoln) approximately 1 week later their forecourt.

Then out of the blue on 15th July EH Manager contacted use telling that he had 48 hours to return the Transit Van and collect his old car as they had discovered that it had previous accident damage before my ownership, which he knew nothing about.

We had another HPI report done, which still showed clear.

We also then found the original advert for when he purchased the vehicle from a Car Dealership, which stated,

Stunning low mileage example Ford Mustang GT.

100% genuine low miles of only 34K, which are backed up by a full VOSA history check and service history with pictures and paperwork to prove.

EH Garage solicitors are now suing us for innocent mis-interpretation, and want to resend the contract we signed. (We did tick the box no damage).

We don't want to give the van back, but they say we have to buy the car back?

How do we stand?

 

eskbanker

CurlyDolly said:

EH Garage solicitors are now suing us for innocent mis-interpretation, and want to resend the contract we signed. (We did tick the box no damage).

What was the exact wording by the tickbox, i.e. what specifically were you warranting - no known damage, no visible damage, no past damage?  Assuming it's 'misrepresentation' rather than 'misinterpretation', the issue of exactly what was being represented is key.

Does the contract make any provision for situations where the part-exchanged vehicle varies in condition from what was expected, and if so, up to what point?

Do you know how the alleged prior damage was discovered if it didn't show in any of the checks they chose to do pre-sale?

Grumpy_chap

CurlyDolly said:

On the 18th June We went to a County Show

We were looking around the EH stand. (Not sure if I am allowed to mention the Garage!!)

The EH Representative came over to us and asked if we were interested.

We said we had a Mustang and was looking to change our vehicle to a Transit Van.

They said they would be happy to take our Mustang in part exchange.

We had owned our Mustang from 25th February 2023.  The vehicle had a full-service history and was HPI clear. During this time (2Years 3months) I have had no problems with the vehicle, only general maintenance.

The representative said they did not have that vehicle in stock that we were interested in but would take our details and would keep in contact with us.

Sure enough, a few days later 23rd June we received an email from EH Rep, with a video of a walk round of a Transit Van that they now had in stock for sale. I said that I was interested in the vehicle and gave them my registration of my Mustang for them to be able to give me a price for my trade in vehicle.

On the 24th June I went to EH to have a look at the Transit Van in the video.

On arrival at the depot, we test drove the Transit Van and EH Rep did a thorough appraisal of my Mustang, including photos at all angles, a test drive and HPI checks.

The EH Rep then spoke to his Manager and gave me a trade in price for my Mustang against the Transit Van.  We agreed with this deal.

We received all the documentation via email on 25th June to e-sign. We then received confirmation of this of 26th June.

We then took my Mustang on Friday 27th June and collected the Transit Van the same day. At this time my Mustang was checked over again before they released the Transit Van to me.

At the time we was very satisfied with my sale of the Mustang and purchase of the Transit Van.

We then saw the Mustang up sale at the same depot (Lincoln) approximately 1 week later their forecourt.

Then out of the blue on 15th July EH Manager contacted use telling that he had 48 hours to return the Transit Van and collect his old car as they had discovered that it had previous accident damage before my ownership, which he knew nothing about.

We had another HPI report done, which still showed clear.

We also then found the original advert for when he purchased the vehicle from a Car Dealership, which stated,

Stunning low mileage example Ford Mustang GT.

100% genuine low miles of only 34K, which are backed up by a full VOSA history check and service history with pictures and paperwork to prove.

EH Garage solicitors are now suing us for innocent mis-interpretation, and want to resend the contract we signed. (We did tick the box no damage).

We don't want to give the van back, but they say we have to buy the car back?

How do we stand?

 

What due diligence did you do when originally purchasing the Mustang?  Did you obtain a HPI check on that vehicle prior to purchase?

Arunmor

Surely the garage are the experts here and need to do their own due diligence.  The OP couldn't  know about any accident damage unless it had been written off.  If preexisting accident was noticeable then the dealer should have seen it, once again they are the experts. 

This assumes the OP is an innocent party and knew nothing about any previous damage/write off.  

born_again

TBH, a HPI will not show if involved in a accident. Only if it has been written off.

It is not uncommon for car to be damaged in transit & repaired before sale. Same as it is possible that previous owner had not gone via insurance for any repairs.