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Afternoon!

My younger sisters Clio recently snapped its cam belt and wasn't worth the repair costs to fix, she's a young primary school teacher and needed a car quickly to be able to get to work so found a what looked like a nice 2005 Golf on autotrader. It was advertised with FSH, 80,000 miles and just one previous owner, unfortunately I was away with work at the time so couldn't accompany her to the dealer and she needed a car for work so she bought it that same day.

When I got back from my trip the next day I was looking at the car with her and asked for the service history. Nowhere to be found, being a total novice at this she had just accepted his word and not checked for it (!!!!!) we immediately rang the dealer and he said he would find it and send it within the week or she could return the car.

Since then he has sent no history and has accused her of simply changing her mind about the car rather than the car not being as described. He doesn't answer calls from her phone and when she used my phone to call him he was very rude and aggressive; said he didn't wasn't interested and hung up.

It's not a hugely expensive car, but to her £2100 is a lot of money, and she chose it based on the fact it had a service history so had probably been looked after. She used her credit card to buy it and has lodged a dispute with the credit card company but we're not really sure how they work/pan out.

My question is really where do we go from here to get the issue resolved. I understand she can just accept it and move on, the car (seems!) mechanically sound and is in good condition but it really is the principle of the matter that she was missold the car and he has been such an objectionable and slippery rat since.

I've no experience of small motor traders so I'm hoping some of you knowledgable guys can help out!

Thanks in advance! Guy

gmorris03 wrote: ↑Tue Oct 17, 2017 12:04 pm Afternoon!
the car (seems!) mechanically sound and is in good condition but it really is the principle of the matter that she was missold the car and he has been such an objectionable and slippery rat since.


Thanks in advance! Guy

Guy, personally based on the statement above, for a 2 grand golf, if it drives well and the MOT history backs up the mileage I'd just eat humble pie, get the timing belt changed give it a service and tell her to run it. Bit different with a 10k Z4 but a runabout which is mechanically sound and drives well just carry on with it (just my 2p)

Have to agree with Jamie, for £2k it really isn't worth the hassle. Just service it with decent oil & filters, look for a sticker on or around the cam cover to see if the belt has been changed - if not, get it done. Then just drive the thing and don't worry.

jamie_z4 wrote: ↑Tue Oct 17, 2017 12:10 pm

gmorris03 wrote: ↑Tue Oct 17, 2017 12:04 pm Afternoon!
the car (seems!) mechanically sound and is in good condition but it really is the principle of the matter that she was missold the car and he has been such an objectionable and slippery rat since.


Thanks in advance! Guy

Guy, personally based on the statement above, for a 2 grand golf, if it drives well and the MOT history backs up the mileage I'd just eat humble pie, get the timing belt changed give it a service and tell her to run it. Bit different with a 10k Z4 but a runabout which is mechanically sound and drives well just carry on with it (just my 2p)

I Agree... ! lesson learn hopefully. Do post a nice review for the dealer on google etc

The credit card company will sort this out for her. Expect the dealer to change his position once they get involved. It may speed up a resolution if you let him know your hand made a section 75 claim with the card company, as he won't want them doing a charge back, which they will.

Had same recently with the Zafira I got for my mum. Made sure she paid a couple of hundred on credit card and the rest on a debit card. Parcel shelf was missing and dealer promised to find and forward on. This was stated on the invoice as "to follow by post/courier" needless to say, it didn't arrive and after a week he started ignoring my calls.

Got my mum to ring Barclaycard, and make a claim. Next thing the dealer on the phone kicking off as he had received a £8750 charge back.. He delivered a brand new shelf the following day..

Mike

Ducklakeview wrote: ↑Tue Oct 17, 2017 12:30 pm The credit card company will sort this out for her. Expect the dealer to change his position once they get involved. It may speed up a resolution if you let him know your hand made a section 75 claim with the card company, as he won't want them doing a charge back, which they will.

Had same recently with the Zafira I got for my mum. Made sure she paid a couple of hundred on credit card and the rest on a debit card. Parcel shelf was missing and dealer promised to find and forward on. This was stated on the invoice as "to follow by post/courier" needless to say, it didn't arrive and after a week he started ignoring my calls.

Got my mum to ring Barclaycard, and make a claim. Next thing the dealer on the phone kicking off as he had received a £8750 charge back.. He delivered a brand new shelf the following day..

Mike

Not sure this will work on this occasion Mike

All the dealer has to do is say the FSH was provided and the buyer has lost/deliberately misplaced it if there's nothing in black and white showing it wasn't supplied. Even a court won't award damages without evidence and even if you could prove it the court will take the view how much are you actually out of pocket. I.e how much is an 80k £2,000 Golf with service history worth without it. I suspect the most you'd get would be a few hundred pounds etc.

Unfortunately I share Jamie's view about having to take this one on the chin. But I would tell him unless he sorts it/takes the car back your going to bad mouth him on every forum going and get Trading Standards involved. He might figure a £2,000 car isn't worth the agro. I would also be deeply suspicious of any service book that magically turn up now as they're not hard to fake.

Hi Guys,

Thanks very much for your replies, they're very appreciated!

I think I would be in the vain of take it on the chin and move on too, I'll see what happens with the credit card company, she has the original advert that states service history and also has text messages from him saying he will sort the history out so that might help with any dispute.

I'll have chat with little sister tonight and see what she wants to do, it's a shame really because his terrible attitude has put her off what is essentially quite a nice little car. Still, at least there's not a lot of dosh involved.

Thanks again,

honestly, let him fix it and if he doesn't then name and shame and provide reviews so others can avoid dealing with people like that.

gmorris03 wrote: ↑Tue Oct 17, 2017 1:29 pm Hi Guys,

Thanks very much for your replies, they're very appreciated!

I think I would be in the vain of take it on the chin and move on too, I'll see what happens with the credit card company, she has the original advert that states service history and also has text messages from him saying he will sort the history out so that might help with any dispute.

I'll have chat with little sister tonight and see what she wants to do, it's a shame really because his terrible attitude has put her off what is essentially quite a nice little car. Still, at least there's not a lot of dosh involved.

Thanks again,

The fact you have text messages rather than just made calls would be a bit of a game changer in terms of documented evidence for the credit card company or a small claims court. However it's back to if it's worth the hassle for the outcome.after all if the car is OK do you want the agro of trying to find another one

If I was a dealer with all my stock outside, I'd be worried about upsetting customers and them possibly throwing brake fluid my beloved cars.

Just sayin'...!!

H.

If this was bought from a trader then the fit for purpose rule applies for 6 months from purchase. If anything happens they will have to rectify it or if it goes down the court route all of this stacks up against them (balance of probabilities here) and you'd be awarded from the court in most cases whatever it is you're claiming for (full warranted repair or refund of the car)

But in all honesty the CC company will ping their RP registered with the FCA what's going on and they have a set time to RESOLVE the matter not dispute it and drag it out. Ultimately CC chargebacks are nigh impossible to dispute and they'll just take the money back and hand it over to the client. especially for this kind of money. If it was 20k+ it'd be slightly different.

All depends on how you want to handle it. If you want a pretty quick solution, you can take the car back to them and park it right in front of their main doors and tell every customer why you are there (they'll get ... angry over this but even losing 1 sale isn't worth not sorting this out) Best thing about this method as I found out personally was ... Parked car on private land.. Pretty much nothing they can do to move it.
Experience here.. Back in 2012 I bought a Clio 182, which was advertised as a Cup Model. No difference in them at all bar the suspension and you cannot tell by looking at the on the outside (172s are a different story) when I got the car home I went to change the brake discs and pads and noticed that it wasn't a cup model as the suspension legs had the non cup bolt spacing (this is the only way to tell )
The stealer, Hertfordshire Motor Company refused any of this citing an "honest mistake" but I wanted none of it. They offered me a mere £250 compensation and I refused, I want what was advertised or a hand back of the car, it is impossible to covert a 182 non cup to cup without pulling the hubs, wishbones and legs, all just for the sake of having a slightly different suspension!
So after they stopped talking to me I took the car back the following Saturday morning and parked it right in the middle of the drive way and approached all customers that came in and told them the story AND backed it up with facts about a print out of the advert, fact over how to spot a Cup and non Cup and photos of the car suspension set up.. 4 customers walked away.
They settled on a £1500 refund and a threat to "knock me out" (which I just lol'd at and drove off laughing) and treated the car to some Gaz Golds.

Morale of the story is, these people need sales but it's a 2 way street, the days of car dealers just taking money and believe themselves to be invincible are long over. Force their hands into action and you'll get your way.