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Car dealer fraud, need advice !

Last post Mon, Dec 22 2008, 11:34 PM by alijools. 2 replies.
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  •  Mon, Dec 22 2008, 9:53 PM

    Car dealer fraud, need advice !

    Hello,

    I bought a used car from a car dealer a few days ago. After 100 miles, I get a flat tyre and the electronic engine management light comes on. Bad start. This car is under a one year guarantee. I do not wait and take the car immediately to the garage to avoid further problems.

    They check the car and right away they spot problems in the electrical system, airbag system and the brakes, just to mention a few (the list is one-page long). Although this seems a lot, I wasn't able to spot it even after thorough inspection when I bought the car, without the proper equipment. In that state, it is dangerous and clearly has no chance of passing the MOT. The car shouldn't have been sold. The problem is that the car passed the MOT a week before I bought the car (which helped me to think the car was OK) but I doubt the validity of that so-called MOT. I suspect there is some business going on between that car dealer and the MOT centre.

    But back to the point, I want my money back. Obviously, he doesn't agree. He clearly knows that the car was not usable. I went to a car dealer especially to avoid a dodgy deal, thinking it's safer than dealing with a private seller. Clearly I was wrong, point taken. Also, given the fact that this is a business, the dealer is registered and I guess has to comply with some rules aimed at protecting the customer. This is precisely what I'm not sure about: what's the dealer's responsibility in such a fraudulous sale? Can I claim my money back on legal grounds? And last but not least, who should I talk to after the car dealer doesn't want to reach an agreement? I've seen vague different answers: trading standards, police, solicitor, etc.. but not being originally from the UK, I'm a bit confused as to what's the best thing to do.

    Thanks if you've taken the time to read, and even more if you can help me. Merry Christmas !

    • Post Points: 20
  •  Mon, Dec 22 2008, 10:28 PM

    Re: Car dealer fraud, need advice !

    You have a legal right to reject the car in this case, under the sale of goods act 1979 (as amended) if it is unfit for it's purpose, or has faults that are not expected given it's age and mileage. However, you have only a ‘reasonable’ time to reject a second hand car.

    There’s no clear definition of what a reasonable time is – you probably need to do it within three or four weeks of buying it, so you are well within your rights if you've only had it a few days. But if you reject a second hand car you must stop using it and tell the garage that you wish to exercise this right......preferably back it up in writing as well..... Tell them you want a refund in full, that you are not willing to accept any offers to repair the car. !

    http://www.which.co.uk/advice/your-rights-buying-second-hand-cars/second-hand-cars-your-rights/index.jsp

    You should take the complaint if the garage is unwilling to make a full refund, to your local Trading standards office.

    • Post Points: 20
  •  Mon, Dec 22 2008, 11:34 PM

    Re: Car dealer fraud, need advice !

    Thanks for your reply, this is clear and that link is very useful, there's probably all I need to know. Hopefully it should help me out of this trap ! I'll keep you posted of the outcome.

    • Post Points: 5