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

[mzbl00]

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

social media info

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lvh logicsics classified as dormant, his mum is listed as the director ( and whos lovely enough to leave fake reviews on his Prestige Cars Fb page )

[des8]

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

thank you!!! i am attaching the invoice/receipt and also what he wrote on it

Why would he try and pretend a sale was "trade", when it most obviously wasn't.
Is he going to try and claim this was not dealer to consumer?
Plonker!

[des8]

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

Prestige Cars Ltd would seem to be a leicestershire based firm
Suntrap Ltd are a Glaswegian beauty parlour
I wonder if they know who their owner is? or does he have fingers in many pies???

[CharlieP]

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

Invoice says Prestige Cars as the main logo and then underneath LVH logistics. then has the address where i saw the car, no company number.

I paid the owner ( mr Holden ) straight into his bank account.

As des8 suggested, based on the above I would direct the claim towards Mr (first name) Holden T/A Prestige cars.

There is no Ltd with LVH and no company number for either Prestige or LVH plus you paid Holden directly into his bank account.

[mzbl00]

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

here is the link for LVH logistics LTD

https://beta.companieshouse.gov.uk/company/08765069

The guy has run around 11 companies, all registered within a couple of addresses and some with middle name and some without which makes him difficult to track.

however, the company above does seem to be dormant, so i do think i will be chasing him t/a as i have his business card here with his name and address.

As des8 suggested, based on the above I would direct the claim towards Mr (first name) Holden T/A Prestige cars.

There is no Ltd with LVH and no company number for either Prestige or LVH plus you paid Holden directly into his bank account.

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also tomorrow marks day 14 of getting no refund. a little birdie told me hes back from his ' holiday ' next week. so should i wait or should i just start now

Also, chances of getting my money back? how would you guys rate?

[mzbl00]

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

as for the tanning salon... same pattern of opening and closing companies here too.

https://beta.companieshouse.gov.uk/c...28270/officers
https://beta.companieshouse.gov.uk/c...61881/officers
https://beta.companieshouse.gov.uk/c...65038/officers

[des8]

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

here is the link for LVH logistics LTD

https://beta.companieshouse.gov.uk/company/08765069

The guy has run around 11 companies, all registered within a couple of addresses and some with middle name and some without which makes him difficult to track.

however, the company above does seem to be dormant, so i do think i will be chasing him t/a as i have his business card here with his name and address.



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also tomorrow marks day 14 of getting no refund. a little birdie told me hes back from his ' holiday ' next week. so should i wait or should i just start now

Also, chances of getting my money back? how would you guys rate?

I'd wait till next Tuesday/Wednesday before initiating court, to get Bank Holiday out of the way.
Enjoy the Bank Holiday, but take the time to draft your Particulars of Claim and if you want post them up here first

[mzbl00]

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

I'd wait till next Tuesday/Wednesday before initiating court, to get Bank Holiday out of the way.
Enjoy the Bank Holiday, but take the time to draft your Particulars of Claim and if you want post them up here first

I just have one question

I am REALLY struggling without a car, i live in a very remote area with no public transport, ive not been able to get to work for over a week now - and my work are getting pretty angry. I also have a bad back which makes it hard to drive manuals or get in low cars.

If i somehow find the money to get this fixed, can i still take to court for a refund?

[des8]

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

You can still sue for the extra costs (damages) incurred
CRA 2015:sec 19(11)(a) below:

(9)

This Chapter does not prevent the consumer seeking other remedies—

(a)

for a breach of a term that this Chapter requires to be treated as included in the contract,

(b)

on the grounds that, under section 15 or 16, goods do not conform to the contract, or

(c)

for a breach of a requirement stated in the contract.

(10)

Those other remedies may be ones—

(a)

in addition to a remedy referred to in subsections (3) to (6) (but not so as to recover twice for the same loss), or

(b)

instead of such a remedy, or

(c)

where no such remedy is provided for.

(11)

Those other remedies include any of the following that is open to the consumer in the circumstances—

(a)

claiming damages;

(b)

seeking specific performance;

(c)

seeking an order for specific implement;

(d)

relying on the breach against a claim by the trader for the price;

(e)

for breach of an express term, exercising a right to treat the contract as at an end.

[Captain Haddock]

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

Curious as to any further developments on this?

[mzbl00]

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

Curious as to any further developments on this?

Yeah the dealer has now reappeared from ' holiday ' and is still refuting, so am organising an assessors report - his solicitors have asked for it in advance?

Should i give this report to his solicitors before filing?

[des8]

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

You don't need an "independent" assessors report. (can you post up the solicitor's letter?)
From your first post it is clear you had repairs carried out, and then following the breakdown it was obvious there was a major fault.
Assuming you can get confirmation of this from the examining garage, and the dealer has been informed of all these problems you don't need to spend any money.
Faults appearing in the first six months following purchase are deemed to have been present when the car was purchased, and it is for the dealer to PROVE otherwise.

You are being given the runaround by the dealer and his solicitor.

IMO your response should be
"Please refer to Consumer Rights Act 2015.
I am initiating court action"

Post up your Particulars of claim and we'll help steer you through the court case.

[mzbl00]

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

if its within the first 30 days and a refund is asked for according to consumer rights act I need to PROVE the fault was there when purchased, not the dealer. If it was 30 days - 6 months then it is up to the dealer to prove.

This info is from citizens advice and also from legal helpline

[des8]

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

Citizens Advice are wrong!!! (again)

Consumer Rights Act 2015
Part 1 Chapter 2 Section 19 (14)
"For the purposes of subsections (3)(b) and (c) and (4), goods which do not conform to the contract at any time within the period of six months beginning with the day on which the goods were delivered to the consumer must be taken not to have conformed to it on that day."


From Which:
During the first six months after purchase it's the responsibility of the seller to prove the fault wasn't there, not for you to prove that it was.

FromAutotrader:
The law assumes that the fault was there at the time of delivery, unless the seller can prove it wasn’t.

From AA:
It is assumed in law that the fault was present at the time of purchase unless the seller can prove otherwise.

[mzbl00]

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

have you looked under refund within first 30 days? its different i promise!!!

look up the short term right to reject:

The position under the CRA:

• Consumers will have a new, initial fixed period of 30 days from delivery within which to reject faulty goods and claim a full refund.
• The burden of proof will be on the consumer to prove that the goods are faulty.