Yet another dodgy car dealer thread :) - thoughts on this?

[orchard]

Hi everyone,

Being doing a lot of reading on here and there is some great information. I'm hoping to get some guidance on my steps to recover some money.

I'll keep the story fairly short(ish):

I purchased a car from a user car dealer (LTD company) just under two weeks ago. It was £1300, came with a fresh MOT, service and 6 months warranty / breakdown cover.

I paid via bank transfer (deposit and then remainder when I collected the car). Took it home and didn't use it for a few days.

Upon going to start the car it would not start. I tried to jump it with another car, but that didn't work. I called the garage and couldn't get hold of anyone so contacted the garage mechanic whose number I had. He said he would come and take a look the next day. I never heard from him and the car did start when I tried late afternoon. I text him to let him know and didn't hear further.

This made me a little nervous so I contacted the garage owner and reminded him I'd not received my receipt or warranty/breakdown details.

Two days later I took the car out in the morning and it broke down. Load of error messages on the dashboard and the car refused to start.

I again struggled to contact the garage owner but got hold of their mechanic who said he'd pick me up from home in a couple of hours, take a look at the car and if he couldn't fix it would arrange recovery. Needless to say he didn't turn up and when I called him just got fobbed off that he couldn't get there today. He asked I drop a key at the garage and they could collect it on Monday.

Late Monday I called to see what was going on, could not get hold of the garage owner or mechanic.

I sent a note to the garage owner explaining I was not happy with the vehicle given it had broken down twice and on both occasions I was advised someone would come and take a look and they did not. I had not received any of the documentation I asked for and had concerns with the validity of the MOT that was issued (after checking the history and talking to the mechanic after the first break down who said the major defects from 6 months ago were not fixed as their "MOT garage" didn't think they were serious).

I rejected the vehicle and let the garage owner know I had returned the other key and documentation to the location the mechanic ask me to drop the first key.

The garage owner said he was not going to refund me and wanted to inspect the vehicle. All this communication was over messaging as he never answers the phone and ignored my requests to call me. I reiterated my rejection and referencing the Consumer Credit Act 2015 and that he would be responsible for collecting the vehicle.. He basically told me to sue him. The car is still in the location where it broke down a week ago and I do not have the keys or documentation.

I have sent a letter (arriving Monday) by special delivery with proof of postage outlining my reasons for rejection and that he's already been advised of this, acknowledged it but has not helped with the broken down vehicle. I have explained in my letter that unless he refunds me within 7 days I will pursue my money via the small claims court.

To be honest I don't expect a response given the way he's acted so far and the fact he hasn't collected the vehicle (less than 5 miles from his garage).

I have initiated a chargeback with my bank as well.

Grateful for any comments/guidance on the steps I have taken and any next steps before opening a money claim.

Thank you!

[ostell]

It's the Consumer Rights Act 2015.

So start the court process. Have you got a login to the MCOL site?

[echat11]

You won't get a Chargeback unless you paid by debit or credit card. Bank transfer doesn't qualify for Chargeback.

[orchard]

Thanks ostell typo on my part.

Yes I do have a login to the MCOL site and have been getting my claim ready to submit.

echat11 Good to know, I wasn't aware of this, looks like MCOL is the way to go for me.

Another question, my special delivery letter was "Delivery Attempted" today as no-one was at the garage. The owner typically operates on an appointment basis.

I'm assuming when RM attempt again tomorrow the same will happen. Should I hand deliver a copy / send a copy to his home address as well?

Thanks again both of you.

[echat11]

Thanks ostell typo on my part.

Yes I do have a login to the MCOL site and have been getting my claim ready to submit.

echat11 Good to know, I wasn't aware of this, looks like MCOL is the way to go for me.

Another question, my special delivery letter was "Delivery Attempted" today as no-one was at the garage. The owner typically operates on an appointment basis.

I'm assuming when RM attempt again tomorrow the same will happen. Should I hand deliver a copy / send a copy to his home address as well?

Thanks again both of you.

What normally happens is that the Postman will drop a card through the letter box stating that a Recorded Delivery letter is awaiting collection or instructions for re-delivery. Give it a few days, see if it happens before you decide to do something else regards the letter.

[ostell]

Or he is ignoring because he knows it will be bad news. Send letter withe free certificate of posting from a post office.

[orchard]

Thanks both. I'll hang on a couple of days and then send a copy with certificate of posting to the garage, his home address and via eBay messenger (the only way I've been able to get hold of him). I'll also put a copy through the garage letterbox.

The car is back at the garage as of today.

Thoughts on whether I should extend the deadline of 7 days before I start a claim or continue as is?

[echat11]

Thanks both. I'll hang on a couple of days and then send a copy with certificate of posting to the garage, his home address and via eBay messenger (the only way I've been able to get hold of him). I'll also put a copy through the garage letterbox.

The car is back at the garage as of today.

Thoughts on whether I should extend the deadline of 7 days before I start a claim or continue as is?

I would extend it, so he's given every opportunity to respond.

[orchard]

Thanks, I posted another letter to the garage, sent a copy via eBay message and hand delivered one as the special delivery letter as not yet been collected, and I don't think it will be. Interestingly when I got to the garage there was a note there from another unsatisfied customer. I called them and they'd had similar issues to me, but had been going on for longer. They were post 30 days but less than 6 months and 2 (long and failed) repairs in .. gave them some pointers on next steps as well

[orchard]

I tried to call the garage as a final attempt to resolve before I open a MCOL claim, no response. Emailed as well with no response, so I'm guessing Wednesday I submit my claim and see what happens.

I have another question, in my note to the garage, I requested access to the car to have an independent inspection and re-MOT (thinking this information will help my case) and he hasn't responded to this. Given the garage have the car, the keys, the V5C (not in my name as they never completed this) and my money does this become a criminal matter - theft?

Thanks.

[echat11]

I tried to call the garage as a final attempt to resolve before I open a MCOL claim, no response. Emailed as well with no response, so I'm guessing Wednesday I submit my claim and see what happens.

I have another question, in my note to the garage, I requested access to the car to have an independent inspection and re-MOT (thinking this information will help my case) and he hasn't responded to this. Given the garage have the car, the keys, the V5C (not in my name as they never completed this) and my money does this become a criminal matter - theft?

Thanks.

I don't think the police will see it that way, once you explain the details of how things unfolded.

[orchard]

Thanks. I called and messaged the dealer as today was my date is set for a refund. No answer or return of message so I’m going to start my MCOL claim this evening.

One question, given I paid by bank transfer to what I believe was a personal account do I pursue the dealer as an individual or the LTD company garage?

[echat11]

Thanks. I called and messaged the dealer as today was my date is set for a refund. No answer or return of message so I’m going to start my MCOL claim this evening.

One question, given I paid by bank transfer to what I believe was a personal account do I pursue the dealer as an individual or the LTD company garage?

What's on the receipt? If it's a Limited company, check the details at companies house. So it would be the company.
Wait for confirmation from des8.

[orchard]

Thanks. That’s what got me thinking, my receipt that was due to be emailed never arrived along with all the other information I was promised (warranty and breakdown cover, V5C etc).

I’ve chased several times but never received any of it.

I purchased the car on the dealer premises, but made payment via bank transfer to (what I believe) is a personal bank account.

[des8]

What names do you have? Give us the names and we will do some digging

I would be inclined to name the defendant according to the name on the bank account to which payment was made and a second defendant being the limited company.