Cursed, Unlucky, or Lucky?

Jay

Jay

Jay

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Joined
18 Oct 2002
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1,650
Location
North West
Last week I decided to trade my Clio Sport 182 in for a 2 1/2 year old Clio R27. My Clio 182 was immaculate, Fully serviced (inc belts etc..) by Renault Specialist.

R27 was HPI clear etc..

I p/x my Clio and took the rest on finance.

After 6 days of ownership, I decided to take the car to my local Arnold Clark for some warranty repair. Dropped it off in the AM and got a call lunchtime. "Sorry Sir, but it appears your car has been in a serious accident. The passenger door is a different colour which has been resprayed, and the chassis has been welded to unsatisfactory standards" They refused to honour any warranty due to this.

Me: WTF?!?!



I collected the car (+ engineer report and photos). Took it back to the dealer (independent dealer) where i bought it. I was calm and professional and told him the situation. He kept the car for 5 days whilst he had it inspected.

I go down to the dealer today.

He has said i can have a refund. However he said he has "sold" my p/x Clio 182. I p/x'd this in for £4700. However he is only willing to refund me £4500 saying "I have taken £200 off because when you go into a dealership with cash instead of a p/x, you have more negotiation potential with price"

I said "what the hell has that got to do with THIS deal?" "Refund me the FULL amount"

I've already lost the car at a low price (could have sold it privately for £5,000+)

He threatend "right, well we will just give you your keys back to the new car, and see you in court, we dont have to do this, its a gesture of good will"

I told him "Dont be silly, I know my rights (i've studied the Sale of Goods Act in relation to used cars, and had advice from Trading Standards/ Consumer Direct and a few law friends)

However he would not budge.

I took the cheque for £4500, without signing anything. I have contacted Trading Standards who have advised me to write back to the dealer and ask for the FULL amount.

I suppose i've had a lucky escape getting out of the deal with the R27, but i'm angry i've lost out on a great deal of money on my previous car.

I will be taking the £200 situation further (probably through the courts).

Anyone else been in a similar situation and may be able to offer advice?



My lesson learnt: ALWAYS pay for a FULL COMPREHENSIVE vehicle check, even when buying a full HPI clear car from a reputable dealer.

:mad:
 
Few things, Door lock mechanism, vibrating steering at high speeds, etc..

The accident repair became apparent when they started removing panels etc.
 
Not got pics with me. To be honest there is not much to see unless trim/panels are removed.

I have not cashed cheque yet, I have taken it as "part payment" and will have a think whether to file for the full due amount.
 
Jay said:
Not got pics with me. To be honest there is not much to see unless trim/panels are removed.

I have not cashed cheque yet, I have taken it as "part payment" and will have a think whether to file for the full due amount.
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"chassis has been welded to unsatisfactory standards" - no more details on this then? thats what i was getting at with pics.

i mean its barely out the factory, it can't be rust yet..
 
I'd expect (this is my expectations, not fact of the law) that your rights would be to put back in the position you were in before. So this would mean, your original car back, an equivalent car back or a cash equivalent.

The dealer is correct that you are in a better position with cash, so for £200 I wouldnt personally bother with taking it to court unless I had sound legal advice to the contrary.

When you say you've taken a cheque for £4500, presumably it's £4500 plus what you paid to make up the difference?
 
iaind said:
I'd expect (this is my expectations, not fact of the law) that your rights would be to put back in the position you were in before. So this would mean, your original car back, an equivalent car back or a cash equivalent.

The dealer is correct that you are in a better position with cash, so for £200 I wouldnt personally bother with taking it to court unless I had sound legal advice to the contrary.

When you say you've taken a cheque for £4500, presumably it's £4500 plus what you paid to make up the difference?
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Remainder was made up with HP finance which has been settled by the dealer.
 
Ah, fair enough then.

I'd personally seek legal advice if the £200 bothers you, but having taken a matter to court before, it wouldnt be worth it to me in terms of stress, hassle etc
 
iaind said:
I'd expect (this is my expectations, not fact of the law) that your rights would be to put back in the position you were in before. So this would mean, your original car back, an equivalent car back or a cash equivalent.

The dealer is correct that you are in a better position with cash, so for £200 I wouldnt personally bother with taking it to court unless I had sound legal advice to the contrary.
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But he's not though, he sold the car to the dealer at PX price and the cash he's got won't be enough to replace it like-for-like
 
Cyanide said:
But he's not though, he sold the car to the dealer at PX price and the cash he's got won't be enough to replace it like-for-like
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Depends if he's going to go out and buy another car to trade in, or go find a similar car to the bent one and pay a big cash deposit
 
Goodwill my arse! He is confirming you have a valid case by offering to take the car back, he knows he sold you a car under false pretences, even though it may have been in ignorance (which I doubt if he is doing a reliable PDI) and he is trying to save money. He should have given you back the full value of your car, taken the binned one back and given you some out of pocket funds, THAT is goodwill.

Screw by the nads.
 
I was in the same situation when I bought a BMW from a dealers only to be found by my local dealership it had been involved in a smack. They could not have been more professional in dealing with it and ended up with a better car that replaced mine. My E46 was in a very sorry state by the report i.e. missing airbags!

Hope you get it sorted :)
 
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The other option, depending on the dealer would be to give them the cheque back and ask them to source you an equivalent or better car than the dodgy one
 
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