Seeking advice on behalf of a friend. They bought a used car before xmas, 11 plate with around 22k on the clock. They took it to a garage shortly after and were told the sub-framw was out of alignment – probably as a result of a collision. Anyhow they approached the dealer who refused to do anything about it. They have then contacted Citizens advice who traced the history of the car and spoke to previous owners. Doesn’t make good reading – its was used as a rep-mobile by the original dealership and between 2 MOTs the mileage had gone down… i.e. its been clocked, although proving this appears to be difficult as garage are claiming the mileage was incorrectly recorded.
Garage still refusing to accept the car back or give any sort of refund.
They have been advised (by CAB) not to use the car and so for the past 2 weeks have had no vehicle. They are in the process of starting legal actions against the garage but have no idea how long this will take to resolve.
Any suggestions STW people?

How did they pay? Please say credit card…

Hire a car and charge the garage.

Carry on as they are doing. Did the right thing by going to the CAB and following their advice. Can’t see what else they can do.

I would recommend they don’t hire a car expecting to get the money back from the garage, which some might do.

Sounds pretty open and shut to me, Sales of Goods Act will cover them (dealer must refund, make right or replace).

Not sure any hire money would be recouped, I’d just get further advice form CAB about what to do in the meantime.

Not on credit card unfortunately 🙁
Yeah I’d be tempted to hire a car or use taxis and keep reciepts but it would be a risk that they wouldn’t recover their money.
Seems a right PITA for them while the garage does nothing.

Do what the CAB suggest.

Camping out there on busy days making a fuss might be an option though?

what a nightmare

When you say dealer do you mean franchise for that make or independent?

Any useful warranty?

Did the dealership claim to have made checks that would have found this problem?

Any finance involved in the purchase?

Indy dealership.
No real baring on the matter but they didn’t look aroudn as much as perhaps they should because the partner is being treated for bowel cancer so can’t travel very far.

Does the dealer have an active facebook or twitter presence?

Independent chain or independent sole pitch/sole trader type of operation?

What made them take it to a different garage so soon after purchase?

I’ve no experience of this- all I can say is press on with the legal action. Threatening it wont work, the garage will probably cave in at the 11th hour.

because the partner is being treated for bowel cancer so can’t travel very far.

local paper?

I hate to say it but they like ‘cancer sufferer can’t use new car’ type stories.

Bingo- a very very good point. Inform the garage you’ll go to press with this story.

Can you find the original owner or dealer to find out if/ what servicing was done to car and at what mileage.
Also iirc if the buyer asked if the car had ever been in a bump and was told no then he has recourse, if however the question was never asked or the dealer said he did not know then nothing can be done (with regards to damage).

What made them take it to a different garage so soon after purchase?
Not sure to be honest, possibly just for an independant checkover?

I hate to say it but they like ‘cancer sufferer can’t use new car’ type stories.
I’m pretty sure they would hate the attention so wouldn’t go this route. Also a bit x-factor sob story?

Can you find the original owner or dealer to find out if/ what servicing was done to car and at what mileage.
I assume this is what the CAB are doing.

Does anyone know how long legal action might take? or is it how long is a piece of string type thing?

I’m pretty sure they would hate the attention so wouldn’t go this route

fair enough. I’m not sure I would, tbh, but it might short circuit the legal thing if they get desperate.

yah go to papers, would be a story and probably expedite the process. or/and CAB

Doesn’t help but I eventually bought a used car, independent dealer, some way away – my local garage invited me to get it checked over (they’d failed my last on MOT) and had 30 days to return it. The selling dealers were absolutely fine with this – encouraged it..

http://www.honestjohn.co.uk/faq/consumer-rights/

http://www.which.co.uk/consumer-rights/action/how-to-complain-about-a-second-hand-car-to-a-dealer

Good info here
notably to stop using the car if you/they are rejecting it

I’ve had to do this when I found out an Escort I bought had an engine out of a stolen Fiesta.

It was a lot more clear-cut than what you’re saying but you should follow the same route to get a result. I went the CAB route too so was advised how to go about it. I had to get documented proof that the engine was wrong for the car, an ’89 carb engine in a ’93 car that should have been injection. I got an engineer’s report via the AA and had loads of photos comparing what I had to what a similar car had (A friend had one I could use). I went back to the dealer with the proof and he still refused to do anything so I had to go the Small Claims route. He still dragged things out even after it was found in my favour, ending up in me having to call in the bailiffs. Eventually got my money (plus costs) back but it took over 6 months! I had the Escort parked up all this time so had to buy a banger just to keep mobile, a Volvo 240 GL estate for £20 (yes, £20).

It’s a long route to travel that the unscrupulous dealers rely on you not following. Good luck to your friends.

Oh and the dealership I sued is now a Tesco Express and a Domino’s 😈

Thanks all for your advice and pointers, I shall pass them on.

This “friend” its not Renton is it?

Bear in mind legislation changed slightly last year. This is good:

http://www.tradingstandards.gov.uk/cgi-bin/glos/con1item.cgi?file=*ADV0003-1011.txt

I was reading the whole thread thinking “why isn’t Trading Standards invovled yet”. Go to Trading Standards.

Has it been confirmed it’s unroadworthy? 11 Plate, I assume it’s got a pretty recent MOT cert then?

The problem I see is that very many cars get crashed every year and repaired – if it’s not a ‘write off’ it’s not even recorded – repaired doesn’t mean returned to factory fresh condition either – things can be out of perfect alignment, in fact no car is 100% straight, if they were, we wouldn’t need to have the wheels aligned from time-to-time – even Ferrari will consider a repair to be ‘factory correct’ if it’s less than a certain 100% out – it might be as high as 5%.

Unless the OP can get someone of ‘standing’ – I.E. an MOT tester, or AA inspector etc to say it is unroadworthy then I don’t see the garage being liable – they’ve made clear thought one of those horrible statements they make that the mileage is wrong unless otherwise stated – if it’s not been ‘written off’ and had a CAT C or D recorded against it which they didn’t declare then they haven’t done anything wrong (moral issues aside).

Forgive me but I assumed anyone paying a few thousand pounds for a car from anywhere does their own checks via a suitable history check firm?
Last car I purchased I was on my hands and knees in the showroom for an hour and a half with a torch and made.a list of stuff that I wanted doing on the car (09 plated but over £13k price). I also examined the entire service history package checking mileage on MOTs etc then went away and had a check done on the car for any hidden history.
I can’t believe the risks that folk take for the sake of £25!

Suggsey I didn’t hpi my current car bought from a dealer.

hora – Member
Suggsey I didn’t hpi my current car bought from a dealer.

Whereas I’d HPI ANY car I intended to buy regardless of price, place of purchase or age.

Why not Hora?

If a dealer will do you over with a ‘Platinum Warranty’ that is void the second its issued due to the fact the car missed a service interval by more than 5% why would you trust them when they say its HPI clear?!

I bought it from a different marque main dealer so I’ll still be there when I sell it on/PX it so if it did comeback hooky I’d be seeing them. Saying this I normally buy privately so do all the checks and go on gut-feel. I bought my last car purely on gut-feel 200miles away on eBay. It turned out to be right.

I had some problems with a car I bought.

Checked underneath etc.. did HPI. Still had loads of problems and got told to get stuffed (except with lots more swearing) on the phone.

Got engineers report, started court proceedings. He made all sorts of excuses like i must have been thrashing it and it was all my fault etc etc but paid up 2 weeks before court date.

Just stick at it. Takes ages.

Bruneep nowt to do with me ta

ha but you had to look in tho 😉