Bought a "dodgy" car. Help ?!

[Rhi_Rhi1]

Will try and keep it coherent and short.
Two weeks ago we purchased a second hand car from a car dealer.
It came with a warranty and a full mot etc.

Well we had the car checked over by our mechanic and he was very concerned that the car was unsafe and couldn't believe it had even passed the mot. He believes that the wheel could quite literally come clean off as there is a huge hole under the car. Obviously we have taken pictures and under his advice got in touch with the dealer. Who has basically said he will maybe fix it and that was after alot of going backwards and forward on the phone. He even at one point said "how do I know you didn't just put that hole there yourself"

We have on numerous occasions stated to him that we believe the car to be unfit for sale and unroadworthy. And as such request our money back. Have reminded him of his obligation under the consumer goods act etc etc but he basically made some comment like "be smart mate why drag this out legally and it will be lengthy. Just get the car fixed and we can sort this peacefully" we have been told that even if we fix the car it will be a temporary job as it will just get worse as it is weakened !?

We gave the car back to our mechanic today who took it to a local test Centre and the general consensus is "OMG get your money back" but he won't budge =(

SO I'm out thousands and carless?. Is my only option to chase him legally ?!

We have pointed out that the mot is clearly not worth the paper it is written on. He is dissintrested in the fact that the car is unsafe.

Surely it can't be as simple as he sells me a dangerous lemon and just says "no backsies" when it's found to be unsafe.

WIll obviously have to contact dvsa in regards to the mot.

Any advice ?!

 

[red_head]

Try phoning citizens advice bureau, and also trading standards. Or tell him you're going to do that, and see what he does. I'm so sorry this has happened, people are horrible! But if it's under warranty then he doesn't really have a leg to stand on.

 

[Rainbow82]

Legally as its under warranty he is obliged to fix it but that's all. Unless it is not fit for purpose which it sounds like it's not. It doesn't sound like he will give your money back without going down the legal route though. Maybe your mechanic could do another full MOT and if it fails with lots of issues then you may have more luck with reporting the mot tester for giving dodgy certificates to cars that wouldn't have passed.

 

[LoraLoo]

I would put in writing the lot, and what you are expecting, send it to him recorded delivery, keep a copy yourself and reciept. Give him x amount of time to respond/correct the work.

If you get nowhere Id take it to smsll claims court, having a paper trail will really help. Also keep a diary of times and dates. If any communication etc- it really comes in handy if you do have to go down that route.

Hope you get somewhere though that's awful 😣

 

[Pearls18]

Contact Trading Standards, that's what my husband had to do years ago when similar happened.

 

[Rhi_Rhi1]

Thanks girls =)

Thought it was all sorted. Shortly after I posted this we agreed on a refund. He came and collected the car and issued a refund directly back onto our debit card. We rang the bank they said to wait five working days for it to clear. It never did. Contacted the garage who admitted it was probably because there was no money in the account.. so I'm really unsure how the refund went through the machine TBH ?!
HE is now saying we can collect our car and that's our only option. I know legally we are in the right but it doesn't look easy to enforce it =( after talking to citizens advice it would seem it will actually cost us money to pursue him ?! This is crazy. Surely issuing false refunds is fraud or something ? I'm gobsmacked. I've basically been robbed.

 

[smileyfaces]

I wouldn't accept the car back. He agreed to take it back and issue you a refund. He has taken the car and now needs to somehow honor his end of the bargain. I would speak to CAB and trading standards.

 

[CookieCupcake]

He's completely out of order. Honestly if it were me I would take the legal action anyway to make sure that he can't do the same to other people/families. Like PP say I'd just speak with trading standards and get their advice.

Do you have any proof of him agreeing to the refund?

 

[weewdy]

I was in exactly the same boat. Citizens advice, trading standards were no help. It would have actually cost me alot of money to get a refund. In the end we had to deal with what we had, we took a major loss and sold as spares or repairs.

I did however slate the garage everywhere i possibly could to warn other people. 8 weeks later the garage closed down. After us fighting with them for a refund for months, only drove the car for 75 miles, we lost around £4000. Never again would i buy a car from a small garage. I learned my lesson the hard way.

 

[Rhi_Rhi1]

We have a receipt for the refund from the card machine. That is what is confusing most people... how it processed if there was no funds available. He must have some how rang his bank and cancelled it. We do also have all the text messages and emails etc where he agreed to refund us. I'm still in shock. After talking to citizens advice etc it does seem the general opinion is to go to small claims... which will cost me money and wil takes months. Meanwhile I don't have a car =/ I really don't understand how they can have no money. Nightmare =(

Weewdy I'm sorry this happened to you too =(

The stress is really making me ill. I can't afford to not get this money back. It's so cruel.

 

[smileyfaces]

Any updates?

 

[Rhi_Rhi1]

Nope. As it currently stands we have no car and the garage are Point blank refusing to give us any money. We have contacted our bank in regards to the dodgy bank transfer and they seem fairly confident that we can claim it back through a "visa dispute" but this will take two weeks just for the paper work to arrive (no idea why) citizens advice have basically been useless. I'm so very confused that we have been robbed and that no one seems able to do anything about it! When we spoke to our solicitor he said we could issue a winding up order... this will cost us not far off what the car cost. This is a Huge garage with over 100 cars and an indoor forecourt. So you really just don't expect it. =(

Winter is creeping in and they have pinched all our savings. So I can't afford to buy another car. I'm going to freeze on the school run =(

 

[lau86]

Huge disgusting they're allowed to get away with this. Have you thought of threatening going to the local paper?

 

[smileyfaces]

How frustrating!!! Keeping everything crossed that the bank can help get it back!

Just thought if you paid by a credit card then aren't you automatically covered for stuff like this?

 

[Parkep]

If you paid by credit card call the credit card company. It should be covered

 

[Rhi_Rhi1]

I used a debit card =( my credit card has a terrible limit. So just have to hope the bank will help us out.

I'm honestly so upset. Some people have told me I should report it to the police ?! I dno what to do. If the visa dispute is unsuccessful then its a small claims job. Which will cost me money!! Where's the justice in that ? =( we actually had a text from the manager one day stating it was a huge mistake and that when he hads spoken to his boss he would get the money sorted. Then the next day he says he has no money then he says we can have the car back as it is fixed. We refuse. Then we demand our money again. Then he texts us saying that they won't refund as they have lost money on the car. Etc etc

It's been ages now as we did the refund. On the card machine (kept the receipt) then he took the car. The bank advised us to wait 5 working days for the money to clear and it just never did. Surely that is also some kind of fraud ...

 

[Bella1185]

If it were me I'd straight up call the police. Not the emergency number obviously, but just a local station. Explain exactly to them as how you have on here, that you have documented proof of everything, the money receipts etc. You're right on that its likely illegal, and this guy full well knows it. Wonder how he'd feel if an officer escorted you into his dealership to sort the matter out?

We had a similar situation with a moving company, and long story short, when the moving company showed up with our stuff - demanding three times the money they originally requested - the police walked right up to them with me, and the issue was dropped. I wonder if you could have an officer simply escort you to the dealership and see how that goes.... Not sure how that would work with where you live; but in the states they're happy to do that if you just explain the situation and express that you're worried of it escalating. Sometimes the presence of a law official works wonders against those doing creepy business!

 

[R_x]

I think you should call the police. Then if that doesn't sort it I would think about the local paper. Hope you get it sorted. X

 

[LoraLoo]

It's worth trying the police but it's likeky they'll say its a civil matter and to take it to small claims.
I know it's disgusting that you have to pay but you can claim if back when you won x

 

[Midnight_Fairy]