Dodgey Dealer!!!

[donniemateno]

Ladies and Gents

Need some advice as I fear a dealer is taking the piss!!

I bought a car from a independant dealer with the promise of it being provided with 12 months MOT a free service and 3 months warranty, Fantastic!!

I picked it up and was happy bar a advisory on a tyre which I had changed elsewhere straight away.

After 3 weeks (1500 miles) on the way to the airport the conrod came through the block when I was cruising a long!!!!!

I was pissed and rung the dealer when I landed and told him of the situation and wouldn't help unless I got the car to him. After 3 weeks he finally said he would pay for the towing of the vehicle to him.

He has now had the vehicle over 4 weeks and no work has been done bar the bumper being removed ( i know this as I went down there last weekend to flip at him and demand my money back but he was out...convinient!)

Anyway to cut a long story short, I have contacted the police ( now have a police ref number), trading standards and citizens advice.

I don;t know where else to turn I have been promised the car back 4 times and i'm not being kept in the loop, emails ignored and phone calls ignored.

I have sent a final warning before small claims court but just want my money back at this point! He has said he won't pay me back my money and has done nothing worng

any help would be appreciated.
____________________
Current bike: Honda CBR 600 F3
Previous bikes: Honda XR 125L5 , BMW 800 ST, Honda CB500

[angryjonny]

[donniemateno]

you know what i mean pissed off
____________________
Current bike: Honda CBR 600 F3
Previous bikes: Honda XR 125L5 , BMW 800 ST, Honda CB500

[Minty]

You need proper legal advice. Have you any sort of legal expenses cover as part of any home insurance you have? If not, Citizens Advice.
____________________
My fingers smell of your mum.

[P.addy]

How many nice cars do they have on display? How much corrosive fluid do you have?

[Harold_Shand]

Very frustrating for you, best of luck getting it sorted. You can't be a good guy and sell cars for a living, they are all lying twats, they have to be.
____________________
BCF's 6th favourite poster 2009-2010

Harold_Shand's theory might be the best explanation.

[donniemateno]

is it potentially something i could claim through insurance? and citizens advice etc dont wanna help any further until 30 days after the final letter is sent regarding last chance to sort before going to court
____________________
Current bike: Honda CBR 600 F3
Previous bikes: Honda XR 125L5 , BMW 800 ST, Honda CB500

[10 pence Short]

Name and shame? Have you got anything written down ie paperwork that says you have three months warranty?

How are the police involved? Where is the crime?
____________________
I haven't had a cont all day, drinkstable.

[donniemateno]

i have a piece of paper with the full amount paid and stating 3 months warranty

and police I got made aware of the civil case as someone advised me if he wont give me my car back OR my money then it's theft

the dealership is called primecarz in portslade
____________________
Current bike: Honda CBR 600 F3
Previous bikes: Honda XR 125L5 , BMW 800 ST, Honda CB500

[Harold_Shand]

Just had a look at the website and his stock, I wouldn't touch any of that shit with a 10ft barge pole. That dude is buying the cheapest of the cheap at an auction and keeping his fingers crossed. Saying that, we've all got to find a way of making a living. What car was it, age, miles, history, price?
____________________
BCF's 6th favourite poster 2009-2010

Harold_Shand's theory might be the best explanation.

[donniemateno]

i know but i was very desperate at the time and needed the car for only a 6 months tops. diesel 07 plate fiesta 150k on the clock full service history 2grand
____________________
Current bike: Honda CBR 600 F3
Previous bikes: Honda XR 125L5 , BMW 800 ST, Honda CB500

[ficedula]

2 grand sounds hideously overpriced, but I suppose that's besides the point. If you have paperwork saying 3 months warranty it sounds fairly clear cut; can't see any way the engine shitting itself totally wouldn't be included, it's not like a cooling fan or something he could claim to be 'ancillary'.

2 grand is also within the amount you can go to small claims court for, so if you haven't already done so, document all the emails you've sent, and fire off a letter (tracked might be good?) saying you want a working car or a full refund within X days or it'll be off to court. Regardless of whether you do take him to court or not, you'll need to show you attempted to resolve things first before it's even an option, so get that in now and at least you'll be able to go to court later if it's necessary.
____________________
Bike history: YBR125 -> XJ600

[donniemateno]

fidedula everything is documented, emailed, texts and letters sent recorded demanding exactly what you said.
____________________
Current bike: Honda CBR 600 F3
Previous bikes: Honda XR 125L5 , BMW 800 ST, Honda CB500

[ficedula]

So you have, teaches me to skim read the posts

Not sure what option you have other than court, then. Can't see that car insurance is going to pay out - they're usually pretty clear what they cover: third party damages, theft, fire, not breakdowns or dealers being c*nts
____________________
Bike history: YBR125 -> XJ600

[donniemateno]

insurnace wouldnt help even if fully comp you think?

i really don't want to go to court i just have a feeling i might lose. i shudnt but just it's a risk even at a small claims
____________________
Current bike: Honda CBR 600 F3
Previous bikes: Honda XR 125L5 , BMW 800 ST, Honda CB500

[Chalky.]

Full refund and car back, I'd go for.

You'll be pretty easy getting it sorted through the smalls claims court, this is the exact scenario it was created for.

[donniemateno]

you think i'd get a car and a full refund?

what if he were to suddenly repair it but it's too a poor standard? tbh i dont want it back now. i can obviously say no as he mentioned using same head gasket ( didnt think possible) same cam belt etc when doing the engine block swap

anyway i was going to get aa or rac inspection. reckon thats wise?
____________________
Current bike: Honda CBR 600 F3
Previous bikes: Honda XR 125L5 , BMW 800 ST, Honda CB500

[Chalky.]

[angryjonny]

[ThoughtContro...]

[Rogerborg]

I say it and I say it and I say it, so once more won't hurt: a "warranty" is only as good as your resolve to enforce it.

[Ste]

How much did you pay?

[Polarbear]

No help to you, but this is why I'd spend half that and buy from auctions with no comeback.

As someone said earlier, 90% of cars at the shit end dealerships are bought at the auctions, given a drive to the local Latvian car cleaners and then advertised at 100% mark up.

You might win the small claims, but getting your money, wouldn't hold your breath mate.
____________________
Triumph Trophy Launch Edition

[Quornholio]

[Ste]

Oh yeah

I had a kind of comparable situation with a dealer not wanting to honour the warranty, it was a new car so it was more straight forward about what I could reasonably expect from it than it is with a high mileage second hand car. Lots of letters were sent to the manager of the dealership and to the manager of customer services at their UK distributor but almost all letters weren't replied to. It wasn't until I contacted the president of the company in Japan that they agreed to repay me for the repairs but still nothing materialised apart from lots of excuses about why it was taking them so long to write a cheque.

So before actually taking them to court, I found the local address for sending court applications to, filled an A4 envelope with lots of blank pieces of paper, addressed the envelope and put some stamps on it and then went to the dealership. Are you going to give me my money or shall I go and post this application to the courts? Funnily enough they were able to give me my cheque right then.

Have you been quoting the relevant parts of the Sale of Goods Act in your letters?