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** WON ** car dealer giving me the runaround - 30 day right to reject

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  • #76
    Re: car dealer giving me the runaround - 30 day right to reject - please help!

    Refusing to accept service is just easier, because otherwise the solicitor is timetabled to get instructions from the client. I only ever go on record once I have instructions, and never agree to accept service on behalf of my clients.

    I have already drafted one set of particulars taking a large car manufacturing company to court last month and recently retained counsel to assist, and received a new instruction this week against another. I happen to specialise in vehicle consumer issues, and is very fun to handle for clients.

    Although it would be inappropriate for me to act for you, I am more than happy to assist you where you need assistance.

    Comment


    • #77
      Re: car dealer giving me the runaround - 30 day right to reject - please help!

      To confirm, what has been arrived at is correct, in relation to the short-term right to reject; the consumer will have to show that the goods were non-conforming on delivery.

      The situation is different where the consumer is exercising his final right to reject during the first six months; in that situation a reverse burden of proof applies.

      Comment


      • #78
        Re: car dealer giving me the runaround - 30 day right to reject - please help!

        Thank you CLL1,

        its good to know i am barking up the right tree after all - i was really worried i had headed down the wrong road in terms of burden of proof.

        The solicitors have told me to file direct to him but want me to adhere to the pre court conduct which means sharing what i do have. So i will send them the report, and final LBA to both solicitors and the dealer giving 5 days

        Its well over a month that ive been without a car and the stress of all of this has just been awful.

        Any assistance gratefully recieved - couple of things im worried about

        * Dealer insists hes a LTD company, but no company number on the paperwork and of the 2 company names, one doesnt exist and the other is dormant - i have decided to go for dealers name trading as Prestige Cars(nonexistent) and LVM logistics (dormant company) Or can i ask the solicitors for the company number?

        there is some other stuff but happier putting it in private message

        Comment


        • #79
          Re: car dealer giving me the runaround - 30 day right to reject - please help!

          sent the report today with final LBA to soliciors and copied in the dealer

          dealer hit reply-all instead of reply (!!!)

          Hi (Solicitor Name)


          Can you also give me your opinion on the report as it seems to lack any substance



          Regards Dealer

          Comment


          • #80
            Re: car dealer giving me the runaround - 30 day right to reject - please help!

            [QUOTE=mzbl00;677329]Thank you CLL1,


            * Dealer insists hes a LTD company, but no company number on the paperwork and of the 2 company names, one doesnt exist and the other is dormant - i have decided to go for dealers name trading as Prestige Cars(nonexistent) and LVM logistics (dormant company) Or can i ask the solicitors for the company number?

            /QUOTE]

            Stuff that must be included on stationary if he is Ltd Co

            The Companies (Trading Disclosures) Regulations 2008 as amended by The Companies (Trading Disclosures) (Amendment) Regulations 2009.
            Y
            ou must include your company’s name on all company documents, publicity and letters.

            On business letters, order forms and websites, you must show:
            • the company’s registered number
            • its registered office address
            • where the company is registered (England and Wales, Scotland or Northern Ireland)
            • the fact that it’s a limited company (usually by spelling out the company’s full name including ‘Limited’ or ‘Ltd’)

            If a company fails to comply with these legal obligations, the company itself and every officer of the company may have committed an offence and be liable to a fine. The fine is up to £1,000 for the offence itself and then for continued breach a daily penalty of up to £100

            Might like to mention that to his solicitor!!

            Comment


            • #81
              Re: car dealer giving me the runaround - 30 day right to reject - please help!

              already have done, got this as a reply:

              "
              12. The Company details appear on its invoices;"

              the company number does not appear on the website nor on the invoices.

              - - - Updated - - -

              from the dealer himself when i called him out on the fact that there was no 'director'called ' graeme' via text:

              " v misconstrued as its a ltd compant that has more than 1 director "

              Comment


              • #82
                Re: car dealer giving me the runaround - 30 day right to reject - please help!

                You didn't pay the Ltd Company for the vehicle did you? You paid it into his personal account, you thought you were dealing with Prestige Cars, in fact you have a receipt from them with no Ltd co info as described above. I'd fire off the claim to him t/a expecting him to file a defence that he's ltd, then you can respond with all the above info.

                Comment


                • #83
                  Re: car dealer giving me the runaround - 30 day right to reject - please help!

                  yep thats what im going to do

                  - - - Updated - - -

                  i cant put in lvh logistics as that appears to be dormant

                  Comment


                  • #84
                    Re: car dealer giving me the runaround - 30 day right to reject - please help!

                    hello all!

                    big update - after my final LBA, i allowed 5 days for a response.

                    i got a response on day 4 from the solicitors on behalf of dealer offering refund as goodwill gesture and no admittance of liability. Ironically, the exact same offer that i had offering him the past almost 6 weeks.
                    Put my foot down on the delivery - as i had been offering delivery at my expense this last almost 6 weeks, and they refused, i advised them i accept if they pick it up

                    Vehicle was picked up this lunchtime, and cash refund in full given.

                    - - - Updated - - -

                    i just wanted to let you all know, and thank you all so so much for all your help! youve all been amazing xxx

                    Comment


                    • #85
                      Re: ** WON ** car dealer giving me the runaround - 30 day right to reject

                      Any developments?

                      Comment


                      • #86
                        Re: ** WON ** car dealer giving me the runaround - 30 day right to reject

                        I see you have posted on three different threads asking for updates.
                        If you have a problem I suggest you start a new thread and give us some details.
                        You will get lots of support, but we do need to have some info!

                        Comment


                        • #87
                          [QUOTE=des8;n1016120]Re: car dealer giving me the runaround - 30 day right to reject - please help!

                          If the vehicle was purchased from a limited company, then that is who you take action against.

                          I went to buy a car from these arseholes about 3months ago a Bmw x5m 50d, gave deposit and then it was apparent the mileage had been clocked, it was advertised at 59,000 miles but when serviced it said 74,000 , there excuse was someone had put a blocker on it, so negotiated a couple of grand off it, but when I went to collect car, it had 64,840 and then they came out with a load of bullshit about warranty weren’t gonna be covered with discrepancy in the mileage, then the finance weren’t gonna accept deal even though it had gone through 5 days previous, anyway excuse after excuse I didn’t get car and then tryin to get deposit back, well told ain’t leaving until I get or smash the place up, and we’ll lets say they were quick to give money back, and I looked on autotrader tonight and guess what selling same car for £2000 more and saying it’s got 64,000 miles, that’s 3 months later, proper scammers I think or doing money laundering or something but would never advise someone to buy a car from there, heard loads of stories since, from car dealers too, but good luck mate in gettin your £ back

                          Comment


                          • #88
                            Splintr thanks for your post but this thread is THREE years old

                            suggest you might like to report your story to trading standards (via citizen advice bureau)

                            Comment

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