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Author Topic: need some legal advice about a car  (Read 3554 times)

Offline rich83

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Re: need some legal advice about a car
« Reply #15 on: July 18, 2012, 09:01:26 am »
After reading your first post I would have walked away after your 3rd or 4th sentence.

Hope you manage to resolve this.

Offline tony_danza

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Re: need some legal advice about a car
« Reply #16 on: July 18, 2012, 09:21:28 am »
Ring the citizens advice, explain and then they'll usually speak to the dealer on your behalf to encourage them to give you your money back.

We had to do it a few years ago with a famous yellow Scottish bunch of sh*tbags, a car viewed and bought went missing for a week and upon collection had its whole side repaired. They'd stuffed it and tried to hide it. The dealer actually laughed in my Mum's face. He didn't when my brother went back with her.
« Last Edit: July 18, 2012, 09:23:37 am by tony_danza »
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Offline vRStu

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Re: need some legal advice about a car
« Reply #17 on: July 19, 2012, 08:38:32 pm »
I have to say I am also very surprised you parted with cash and I think you're probably going to learn an expensive lesson from it.

There is a free iPhone app call MyCarCheck, it's give some pretty comprehensive information from the DVLA system.
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Offline Dan.b

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Re: need some legal advice about a car
« Reply #18 on: July 19, 2012, 09:41:17 pm »
As already mentioned I can't believe you done the deal if you wasnt 100%.

You have now formed a contract and agreed to the dealers terms and conditions so asking so trying to cancel because you have cold feet can't be done. I know you have the incorrect date of reg issue but that doesn't come into it as its a simple clerical error which the dealer can correct. Although common sense tells you that the car couldn't be registered in 12/07 on a 56 plate.

Also 3 service stamps on a 26k car is just fine IMO. Is it really such a bad car?

Offline markfive

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Re: need some legal advice about a car
« Reply #19 on: July 19, 2012, 11:06:10 pm »
I think there are two points here:

Firstly, the lesson for the OP is that you do not, ever, ever, make decisions about cars (or, in fact anything else) in this manner. Regardless of what the dealer tells you, the car will still be there tomorrow. And even if it isn't, there will be another one around the corner. Do not - ever - feel pressurised into buying a car. Hopefully this is a lesson learnt for you now.

Secondly, the car has been misrepresented. It doesn't matter what work the dealer may or may not have done once the deposit has been paid. The law does not expect you, the consumer, to know what dates relate to what registration plates. The law does expect the dealer to correctly describe the car in terms of the material facts - and the date of first registration is clearly a material fact. The expectation will be that the dealer will get these matters right because that is the dealers business. It may or may not have been a genuine mistake on his part. That doesn't matter - the emphasis is on him to get it right. So you are well within your rights to walk away from the deal and take the dealer to the small claims court if he refuses to return the deposit. It doesn't matter what his terms of business are. You can argue that if the car had been correctly described then you would never have entered into the contract.

And before anyone thinks I am on the OPs side - actually I'm not. He needs to learn a lesson and hopefully he has. But based on what has been posted it sounds like the dealer is trying to bully the sale to completion and that, IMHO, is wrong. There's plenty of scope for negotiation and compromise and it doesn't sound like the dealer has offered either. Based on the facts as presented I don't believe that the dealer deserves to win.
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Offline Dan.b

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Re: need some legal advice about a car
« Reply #20 on: July 19, 2012, 11:09:27 pm »
Also it seems we are all against the dealer here.

All they have done is sold a car in good faith. The op had cold feet the following day which wound the dealer up. I can understand why as the vehicle has been taken off sale and other potential customers would have been turned away.


Offline markfive

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Re: need some legal advice about a car
« Reply #21 on: July 19, 2012, 11:23:09 pm »
Actually I have some sympathy for the dealer. But if it was a genuine error then he should have admitted it and offered a compromise. If it wasn't a genuine error then it was something else ie. an attempt at deception.

There is no reason for the dealer to attempt to force the sale through. OK the OP might have got cold feet but he got cold feet at least partly because what was on his paperwork did not match the facts. And that was the dealer's error.

Bear in mind we are not talking about a single digit error here - 12/12/07 vs 20/02/07

Of course the OP has been naive. Very much so. But I've seen enough shyster car dealers in my time as well.

Put it this way - if there was a mistake then who's fault was it?
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Offline reflex11

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Re: need some legal advice about a car
« Reply #22 on: July 20, 2012, 03:10:53 pm »
the dealer did not take the car off any websites so he didn't loose any advertising money, he was adamant he didn't have to replace the airbox even though it was snapped off the front grill and snapped on top with a big hole plus wasn't even connected to the engine cover,the dealer finally sent me back my tax which was £137 which still leaves me £200 out of pocket, lets just hope the £137 doesn't bounce