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On going saga this one. Took the Defender and its bent chassie back to the dealer Sat for a full refund. Banks just been on the phone and the check has bounced.... Phoned up to ask what's going on and had the phone put down on me, now wont pick up the phone or respond to any form of communication. So now have no vehicle or cash to buy another, Wife in tears who needs transport to do Her job. Any suggestions on what to do now
Police - fraud.
Police - fraud.
only if you can prove cheque written in the knowledge no clear funds on which to draw it. v tricky.
civil claims.
Was it little enough to get under small claims threshold of £10k?
Yes, go to dealer in person and politely but firmly request the monies. Make it clear that bounce no.2 will be taken as theft/fraud and you will go to police.
How did you pay - finane for car or credit card perchance?
Taxi to the dealer and have a word with them.
Scratch that - back there and raise so much hell (preferably when there is a customer present) that he opens his online banking and makes the payment there and then).
It works.
Name and shame the dealer
Over the 10k mark, I feel physically sick at the moment. Payed by bacs as he was a dealer and not a private sale wrongly. assumed I might have some protection. #fool
I'd be camping out there 'til I'd got the funds in my account.
Go back and demand money. Take a few mates for moral support
Also Ring 101, can't hurt
I have a sawn off basball bat and no regard for human life. Where does this tyke live.
I had exactly this same situation last year, talk to your bank whether you paid by credit card or not, they can get the money back for you.
It helped I sent itemised bills of my phone calls, the bounced cheque and loads of other supporting information.
Make sure there is no deposit mentioned as they will not pay that out.
Back to the dealer ASAP.
Take with you a [url= https://www.citizensadvice.org.uk/consumer/going-to-court/going-to-court/taking-court-action/step-one-write-a-letter-before-action/ ]letter before action[/url] giving them 7 days to pay you "fully in cleared funds". Ensure you have evidence of you handing them the letter (and then follow it up with a copy posted by special delivery).
Make a proper scene and refuse to leave without the money - threaten and be prepared to go through with calling the police to report the theft if they refuse.
It's entirely possible that the dealer is in financial difficulties, so act fast.
Good luck - I'd be bloody fuming.
Oh and next time just pay by credit card then move the money back into your own account 😀
[url= https://www.citizensadvice.org.uk/ ]C.A.B[/url]
They'll help and they are free and will go to court with you
If they are in financial difficulty and likely to go belly up quickly would it be worth doing a deal on another car and selling it? Obviously it would have to be a car being sold for more than he owes you so you can sell for around the same.
Obviously he might sell you another crock of shit but it might be better than finding out he has declared himself bankrupt and you not getting a penny.
Plus 1 for turning up at the dealer with a couple of burly looking mates. If the Vechicle is still there and he refuses to give you the cash then its yours to take home legally - if he refuses to hadover keys then call police.*
Obviously this is going to go much better if its an 'evans halshaw' type business, rather than one owned by the likes of Phil and Grant Mitchell.
*I acknowledge that you will still end up with a broken car, but better than nothing
You can get the chassis changed for about £3500. Could always take a part refund and the car back and fit a nice galvanised chassis.
I know it's not ideal but just thinking of ways you can get sorted quickly in case it all goes bad and you lose it all.
Cheers for the support all.
Had a text back saying he is having some problems with his bank and will pay us next week. Going to threaten theft by fraud / police and a personal visit with burly mates and some Marzocchis
Jeez, what a total total bummer
+1 for going there & getting either money transferred or goods to the value of, if they go belly up whilst any legal things are go on you would probably loose the lot 🙁
Makes one think & as they say be careful out there
edit - paying next week is okay, but go & get a car of same value from them tomorrow morning when they open up in the meantime as surity
yup only thing I did wrong was not use a credit card to pay
It's still your vehicle. Get the cost of the chassis change in cash from the dealer and take it away. From the dealer's point of view his rid of you and a bent, unsaleable vehicle. From your point of view, you've got what ypu thought you'd bought.
[url= http://www.tonks4x4.com/customisation-from-tonks4x4/chassis.html ]Chassis change[/url]
A Defender with a shiny silver chassis is a thing to be coveted 🙂
Hope you get it sorted fast though.
OMITN has it I think
It's entirely possible that the dealer is in financial difficulties, so act fast.
I wouldn't wait OP - back and shout loudly before leaving only with the cash or a refund to the tune of a chassis and "distress"
Tricky situation...
I had similar with a well known northern Lotus dealership about 15 years ago, where they wouldnt return a (refundable) £3k deposit, they kept promising it, but nothing was forthcoming. In the end I went to the dealership and wouldnt leave until they electronically transferred the cash to my account and I had verified it with my bank. They went bust shortly after this.
Just get down there and cause a scene until they pay up (electronically - no cheques allowed)
If they go bust before they transfer the cash to you, you'll never see the money.
PS - If this is a defender 'specialist' , please name them so I know who to avoid.
Well what a tale!
I'd be there asking for a vehicle as security so you [i]do[/i] get your refund next week.
Plus, hate to say it, he doesn't sound too trustworthy so perhaps you go there tonight?
Ill name them if they don't play ball don't want to antagonise the situation or am I being to nice ??
Keep to facts and name them, there's nothing wrong with warning people about shoddyness just keep to facts.
Murray may have a good point.
Could be time to salvage what you can from the situation.
(albeit your mrs needs transport asap).
Had a look on ebay he's has quite a few for sale in the classifieds at the moment, so possibly that's not a good sign, off loading stock to free up my cash???
Had a look on ebay he's has quite a few for sale in the classifieds at the moment, so possibly that's not a good sign, off loading stock to free up my cash???
It does sound like they've got cash flow problems. I'm sure they probably intend to pay you, but it's not good. I'd put on as much pressure as possible. In fact, if it were me, I'd be looking into whether I could claim anything back for money lost arranging alternative transport too.
Don't wait till next week, he could be registered bankrupt or in administration by then , go get your car or another TOMORROW or the cash if he has it,sounds like he's stalling to me
Go with him to the bank tomorrow.
As said above get down there, if he winds it up you've had it. Legalised theft is what I call it.
[i]I wouldn't wait OP - back and shout loudly before leaving only with the cash or a refund to the tune of a chassis and "distress"[/i]
[i]Don't wait till next week, he could be registered bankrupt or in administration by then , go get your car or another TOMORROW or the cash if he has it,sounds like he's stalling to me[/i]
YEP! and Double YEP!
don't delay!
opens his online banking and makes the payment there and then).
It works.
Not if he has no money. Which he hasn't.
All those saying "pay by credit card", have you ever actually done that?
I know when I bought my car the dealer only took debit, cash or cheque. Presumably because CC charge a fortune for transactions, potential for charge back, etc.
All those saying "pay by credit card", have you ever actually done that?I know when I bought my car the dealer only took debit, cash or cheque. Presumably because CC charge a fortune for transactions, potential for charge back, etc.
I've paid by credit card for quite a lot of cars, the peace of mind in doing that is a lot better than handing over a big bag of cash.
Presumably because CC charge a fortune for transactions
Usually 3%, which is frequently passed directly to the buyer.
But is offset by cashback etc. and the protection to offers. A bit like Paypal, but with protection.
This is a worrying situation and I feel for you. Definitely go and get the Defender back for starters. Been here before in a very similar situation. You could end up going to court to get the money back, and when the court rules in your favour and orders the dealer to pay you back - if they have no money you're still forked. And going there with burly mates style 'solutions' is a load of tosh. This ain't the Sopranos, you'll just end up leaving with no cash and all of your burly mates with their tails between there legs.
Hope it all works out in your favour.
Just get down there and cause a scene until they pay up (electronically - no cheques allowed)If they go bust before they transfer the cash to you, you'll never see the money.
+1. Sounds like he's stalling. I'd be down there demanding a full refund or landy plus cost of a chassis swap (assuming other than the chassis it's a good 'un).
Thing is, you know that if you do a chassis swap the chassis will be the cheapest bit?
Chassis
+ mountain of fixings
+ suspension bushings (no point putting old ones back)
+ may as well raise/lower/uprate it
+ no point doing that without new dampers as well
+ weeks of labour
etc
etc
Don't do a chassis swap unless he gives you a really good deal.
All those saying "pay by credit card", have you ever actually done that?I know when I bought my car the dealer only took debit, cash or cheque. Presumably because CC charge a fortune for transactions, potential for charge back, etc.
Most dealers will allow a deposit with a credit card with no fees. If you pay for example a £200 deposit via cc for a £10000 car, the section 75 protection applies to the full amount. I know this is after the horse has bolted for the OP, but it's worth knowing.
[url= http://www.moneysavingexpert.com/shopping/section75-protect-your-purchases ]Section 75[/url]
^ that is what we did with last three cars. Deposit on cc, rest on finance - and tell loan people it is a car loan.
Hopefully the credit card charges will be reduced or eliminated soon. The fee the banks charge is now capped at 0.30% as of December 2015