Deceptive Used Car Purchase: Seeking Advice

[myvbpro]

Dear Members,

I am writing to seek your guidance and advice regarding a recent vehicle purchase that has left me deeply dissatisfied. On 21st August 2023, I acquired a 2013 Nissan Qashqai from a dealer for the sum of £8200, with the understanding that the vehicle would meet the specifications as outlined in the dealer's advertisement.

The dealer's advertisement, indicated that the vehicle possessed the following attributes:

1. Full Service History (FSH)
2. Two Keys
3. One Previous Owner

Upon closer inspection and subsequent interactions with the dealer, it became evident that these representations were misleading, as the actual condition of the vehicle differed significantly from what was promised:

1. Contrary to the advertised Full Service History, there was no service history documentation available.
2. Only one key was provided, not the two keys initially promised.
3. The vehicle had not been owned by just one previous owner, but rather two previous owners.

During the sale, the dealer assured me that the vehicle had been thoroughly inspected, and he even claimed that an AA inspection had been conducted, verifying the car's good condition. Furthermore, he committed to providing a Platinum warranty for six months. However, upon purchase, I received a Gold warranty for six months instead.

Regrettably, the dealer did not permit a comprehensive test drive, citing a lack of insurance coverage for the vehicle. I was only allowed a brief test drive of approx 0.2 miles.

After driving the car for two days, I began to notice a troubling noise emanating from the engine. I promptly contacted the dealer via SMS to request an AA inspection, as promised, and the upgraded warranty. The dealer, however, failed to fulfill these commitments. Consequently, I arranged and personally financed an AA inspection, which took place on 30th August 2023. The inspection revealed a fault in the gearbox, requiring further investigation.

Upon notifying the dealer of the gearbox problem, he suggested using the warranty to address the issue. However, due to the misinformation provided and the severity of the gearbox issue, I had lost trust in both the vehicle and the dealer. I sent an official rejection email on 1st September, citing two reasons for rejection:

1. Misrepresentation of ownership
2. Gearbox problem - goods received not of satisfactory quality

In response to my firm rejection, the dealer assured me over the phone that the gearbox repairs would be covered under warranty at no cost to me. (Initially, he had indicated that I might need to contribute according to the warranty terms.) Subsequently, I had the issue diagnosed by a local mechanic, who reported a defective inlet manifold requiring replacement. He also emphasized that further investigation would be necessary if the fault persisted.

Upon second reminders sent via SMS and email on 8th September, I only received a response from the dealer on 12th September. In his response, he offered the following explanations:

1. Regarding the misrepresentation of ownership, he claimed to have shown me the log book and explained it to me. However, in reality, he failed to provide a proper explanation and instead gave false information about the reason for the nameplate indicating "Cargiant," alleging that Cargiant also sells new cars.

2. Concerning the gearbox problem, he asserted that the noise from the gearbox was evident during the test drive and that the car was sold "as seen." This is despite the fact that I did not notice any such noise during the very brief test drive.

The dealer presented two possible resolutions:

1. They are prepared to repair the vehicle.
2. They offer a refund of £6500 due to the vehicle's higher mileage and additional owner (though I have driven less than 100 miles in the past week, and the car is currently not in use).

Given this situation, I am seeking guidance on whether the documents I possess, including the advertisement, AA inspection report, and the local mechanic's diagnostic report, are sufficient evidence for me to proceed with the rejection of the vehicle under the "short-term right to reject" clause and demand a full refund.

I am concerned that the dealer may make false claims, and the matter may need to be escalated to Alternative Dispute Resolution (ADR) or, ultimately, the court. Your insights and advice on my next course of action would be greatly appreciated.

[des8]

How did you pay for the vehicle: cash/debit card/credit card/finance?

If cash/bank transfer I would be sending a letter confirming my using my right to a short term rejection and requesting a full refund plus the costs I had incurred in relation to the vehicle. This would include the cost of the AA inspection, and subsequent costs from your local mechanic.
There should be no deduction for use.

I would tell him where the vehicle was for his collection, at his cost.

I would also tell him that if I did not receive a reply I deemed satisfactory within 7 working days from date of letter I would initiate a county court claim without further reference to him.

[myvbpro]

Thanks des8 for the response , I have made payment via bank transfer.

I intend to send the dealer an email (a pre-legal claim letter) today, addressing the points you outlined.

[myvbpro]

I'd like to provide an update. After leaving a Google review comment for the dealer, he contacted me and offered £7500 for the car, without agreeing to a full refund. At this point, it seems I have no choice but to involve Trading Standards before proceeding with a court case.

[des8]

I wouldn't wait for Trading Standards to investigate, but just initiate the court claim process with a letter before claim

[myvbpro]

Thank you, des8 , for your response and advice


Just to provide an update on the situation:
On September 15th, I already sent a letter/email before claim to the dealer, giving them two weeks' notice.

The most recent development is that on September 26th, a mediator confirmed over the phone that they have successfully convinced the dealer to take back the car and provide a full refund. It's definitely a positive step forward.

Now, I'm in the process of coordinating the car's collection with the dealer. To ensure a smooth process, I plan to:
- Take a written vehicle confirmation form to be signed off during the collection.
- Capture photographs of the car before it's handed over to the dealer.
- Change the registered keeper immediately after the dealer takes possession of the vehicle.

Is there anything else I should consider or any additional formalities I might be missing in this process? Member's insights are greatly appreciated as I want to ensure that everything goes as smoothly as possible.

[des8]

Well that is good news.

The photographs and immediate notification of change of keeper should be sufficient.
Change of keeper can be done online

[myvbpro]

Everything was progressing smoothly with the mediator, and the dealer collected the car on Friday, indicating that the refund would be processed within the next 5 days. However, unexpectedly, the dealer called on Sunday evening, asking that I remove the Google review before issuing the refund. Upon my refusal, stating that I would remove the review once the refund was issued, he became verbally abusive and threatened not to refund unless the review was removed.

I need advice on what steps to take next.

[des8]

wait and see ... he might process the refund within the five days.

If he doesn't, I would first of all speak to the mediator, and if that doesn't produce a result initiate court proceedings

[islandgirl]

Or take it down...get the money...then put it back up and explain how he "blackmailed" you!

[myvbpro]

I notified the mediator about the dealer's condition for refunding the money, contingent upon my removal of the review and the dealer's use of abusive language.

The mediator recommended resolving the issue at this stage instead of taking it to court. To do so, I must assure them that I will remove the comment immediately and refrain from posting similar content on any social media platform in the future. The mediator will obtain a commitment from the dealer to refund the money by Friday.

Regarding the abusive and threatening language, the mediator mentioned that they follow their standard internal protocol. As this was the first incident, the dealer received a warning, an apology was expected, and they were instructed not to repeat such behavior.

[myvbpro]

Now, my dilemma is this: The dealer insists on my removing the review, and the mediator is also insisting on its removal for a settlement and a full refund. I do need the money, and so I feel compelled to remove the review and agree not to post any negative review in the future.

However, I'm concerned about my right to express my opinion and share my experience, which is protected by law. Removing a review feels like forfeiting that right, even though I am entitled to a refund. I want to know if there are any alternative options available to me, both now and in the future, that might allow me to voice my concerns without jeopardizing my refund.

how to handle it? Any advice or insights would be greatly appreciated.

[islandgirl]

Well I would get my hands on the money first then look at what else I could do. "social media" is a narrow definition. Yell or other review sites are not social media in my book. The definition of it may not be given? I would want the money in my hand and then worry about how I can warn others legitimately. I would also want the money either in my hand or paid to a trustworty intermediary at their expense (eg a solicitor) before I took down the review

[des8]

Or afterwards post a glowing review stating how cooperative the dealer was when the mediator was used to sort out the problem of the faulty motor, and how he improved your language skills by extending your vocabulary

[myvbpro]

Thanks islandgirl and des8 for this alternate..

I'm pleased to share that there has been a positive development in my refund issue - I have received my money . I truly appreciate the support and suggestions I received from this community during this challenging period. Your advice played a significant role, and I am grateful for this community's assistance.