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1 faulty car bought to 3 dodgy Dealerships = scam
I bought one faulty car to 3 dodgy Dealerships
Hi all,
On 11/04/2024, I contacted the Dealership A advertising for the vehicle Nissan, X-Trail 2015(65) 1.6 dCi N-Tec 5dr Xtronic [7 Seat] FULL SERVICE HISTORY+ WARRANTY, 108000 at £7995.
I called Mr A, the Dealership A advertising the car online, who told me that the car has a clear HPI and was perfectly working with no fault no issues, ready to go.
As requested buy the Dealership A, I sent £7000 by bank transfer to the designed bank account at the name of Dealership B
Then I drove 2hrs down to collect the car and part exchange my old ML for £1000.
I arrived at closing time around 5 pm and Dealership A
MR A filled the paperwork at Dealership A address.
And gave him the key paperwork and V5C of my ML. I did receive a invoice from him for the ML part exchange and for the Xtrail only mentioning the amount of the Xtrail.
Mr A gave me the invoice for the Xtrail, naming Dealership C as seller, the keys the manual, and the previous invoice.
I've received a 2022 old out-of-date V5C of the Xtrail. Mr A said that I would receive the new V5C by post.
(Still didn't received it a week later)
Then Mr A told me test Mr B will drive me to the carwash in my ML to collect the Xtrail still in preparation
Mr A closed the car site and left to go home. Mr B drove me to the carwash and then left without inspecting the car with me or test driving.
Upon collection, I noticed some water on the passenger floor, the display screen not working as advertised and a warning on the dashboard saying the key was not connected while the car was already started.
I drove the car home but on my way, it stopped at the traffic light and refused to start.
I realised that the xtrail was not of satisfactory quality:
- a lot of water on the passenger side, like the car has been in a flood.
- the car smells damp and molded.
- The screen display is faulty and nothing is showing. The display screen was not working,
- the key is not detected and the car refuses to open.
- The start and stop are not working and the car randomly switches of at the traffic light and refuses to start.
- the car alarm kept going off for no reason at night, 2 am, I could not sleep.
- 3 differents Dealership names, 1 representative, operating from 1 address.
on 12.04.2024, I drove the Xtrail to my local mechanic for an inspection. The inspection was damaging.
- Electrical fault, structural, and mechanical faults
- Water in the car passenger side flooded
- suspension arm front passenger to replace
- front passenger track rod end
- 2 tires to replace
- rear brake part in limit
- brake service to be done
- engine service to be done
- display screen to change
- alarm which keeps going off to be repaired
- 2 faulty keys not detected
- oil dirty to be replaced
Despite my renewed efforts to get the issue sorted, the Dealership A ignored my calls, refused to pay for the repairs to be carried out at my local garage, and failed to propose any resolution or alternative garage.
On 13.04.2024, I requested a partial refund of £1500, the amount quoted by my mechanic to carry the numerous repairs, but it was ignored.
I then still on the 13.94.2024, notified the Dealershipa A-B-C, by text and email, that I am officially REJECTING the car based on the Consumer Rights Act 2015 as the car is faulty, not fit for purpose, and sold under misleading advertising through a montage of different companies.
On 13/04/2024, I requested in an email from Dealerships A-B-C, an immediate full refund of £7995 for the Xtrail and ML part/x, that you have already put on sale on your website.
I have notified the Dealership to come and collect the car still untouched and parked at the mechanic garage.
...
You, The Dealership A-B-C have never offered to repair the vehicle and have refused to take responsibility for the collection and return of the vehicle. This is in contravention of the Consumer Rights Act 2015 sec 23 (2) which states that 'If the consumer requires the trader to repair or replace the goods, the trader must—
(a)do so within a reasonable time and without significant inconvenience to the consumer, and
(b)bear any necessary costs incurred in doing so (including in particular the cost of any labor, materials, or postage).'
The Consumer Rights Act 2015 requires dealers to supply goods that are fit for purpose, as described, and of satisfactory quality. However, the vehicle is not roadworthy. You are therefore in breach of contract.
As I've owned the car for less than 30 days, I am legally entitled to reject the vehicle and to be reimbursed the original purchase price of £7995. I look forward to receiving your cheque for this sum within 14 days. This may increase your liability for costs and inconveniences.
If you fail to reimburse me, I shall have no alternative but to issue a claim against you in the county court for recovery of the money without further reference to you.
...
No reply to my email, text, calls.
On the 14.04.2024, I finally got MrC on the phone, saying that MrB will collect the car on Monday 22.04.2014 and fully refund me.
I then text back to have a confirmation by text but nothing.
15.04.2024- I send by email and post (but not signed for) a letter before action repeating my letter from the 13.
On the 16.04.2024, I contact:
- the FCA, the 3 Dealership offering finance on their website and they confirmed that they have no legal authorisation to provide financial services
- the Motor Ombudsman refused to di anything as the 3 Dealerships didn't voluntarily registered to their services
- the trading standards via citizen advice told me to send a letter before action.
- I also report them to the financial Ombudsman
- and to the DVSA, for the false MOT
- I also email all of theses agencies
On the 19.04.2024, I sent an email+text:
...
Here is a kind reminder that failure to collect the car as promised, on Monday by 10am, and immediate fully refund of the £8000 (car+part exchange+fuel) will automatically actioned the beginning of a court claim!
As per the Consumer Rights Act 2015 Section 19 (9) and (10) and Explanatory Note 93
A consumer who exercises their short-term right to reject and receives a full refund may also claim DAMAGES.
You will then be charged for :
- full refund of the car + part exchange
- cost of fuel for day of collection. One way drive away on day of purchase at 15p/mile
- cost of mechanic inspections, all parts and repairs done on the car while you refused to act, only saying "sorry, get it fixed".
- cost for transport and storage
- cost for a new MOT
- cost for Missing V5C
- cost of Pro-rata road tax
- cost of Insurance paid on the car
- Non refundable breakdown cover
- cost for legal representation
- cost for debt collection services
- loss of earnings
- stress damage caused
- and any other cost related to this faulty car.
Be reassured that this is all you will have to pay once the court proceedings have been started.
...
On the 19.04.2024, I call to ask for a confirmation of the car collection and the man on the phone MrD short and swear "stop call, I know your address and I will come and you will see what I will do to you"
I immediately report this to the police.
Now, My problem is:
Now, this is all making me sick.
I'm a single mum with 3 kids and I need a car.
I have no fund to buy an other car.
My question is:
Option 1: wait for them fully refund and to collect the car on Monday 22
Option 2: get a second inspection from an other garage, compare the prices, pay for the repairs (€1000 to£2000 to keep the claim under £10000)
Then start a Mcol for the Repairs cost.
But can I also claim the price of the car?
This may mean that the Dealership will have to collect back after repairs are done.
Option 3: pay for a car to be delivered back to the Dealership and start a Mcol for the full car refund+transport
Option 4: no Mcol, few repairs and keep the car and sell it to "we buy any car" offering £5000 online.
But this mean I will loose a lot of money and may not have enough for a decent car.
Sorry for the very long post.
If someone can help me see clearly as I'm lost right now.
Many thanks for your help.
Hi all,
On 11/04/2024, I contacted the Dealership A advertising for the vehicle Nissan, X-Trail 2015(65) 1.6 dCi N-Tec 5dr Xtronic [7 Seat] FULL SERVICE HISTORY+ WARRANTY, 108000 at £7995.
I called Mr A, the Dealership A advertising the car online, who told me that the car has a clear HPI and was perfectly working with no fault no issues, ready to go.
As requested buy the Dealership A, I sent £7000 by bank transfer to the designed bank account at the name of Dealership B
Then I drove 2hrs down to collect the car and part exchange my old ML for £1000.
I arrived at closing time around 5 pm and Dealership A
MR A filled the paperwork at Dealership A address.
And gave him the key paperwork and V5C of my ML. I did receive a invoice from him for the ML part exchange and for the Xtrail only mentioning the amount of the Xtrail.
Mr A gave me the invoice for the Xtrail, naming Dealership C as seller, the keys the manual, and the previous invoice.
I've received a 2022 old out-of-date V5C of the Xtrail. Mr A said that I would receive the new V5C by post.
(Still didn't received it a week later)
Then Mr A told me test Mr B will drive me to the carwash in my ML to collect the Xtrail still in preparation
Mr A closed the car site and left to go home. Mr B drove me to the carwash and then left without inspecting the car with me or test driving.
Upon collection, I noticed some water on the passenger floor, the display screen not working as advertised and a warning on the dashboard saying the key was not connected while the car was already started.
I drove the car home but on my way, it stopped at the traffic light and refused to start.
I realised that the xtrail was not of satisfactory quality:
- a lot of water on the passenger side, like the car has been in a flood.
- the car smells damp and molded.
- The screen display is faulty and nothing is showing. The display screen was not working,
- the key is not detected and the car refuses to open.
- The start and stop are not working and the car randomly switches of at the traffic light and refuses to start.
- the car alarm kept going off for no reason at night, 2 am, I could not sleep.
- 3 differents Dealership names, 1 representative, operating from 1 address.
on 12.04.2024, I drove the Xtrail to my local mechanic for an inspection. The inspection was damaging.
- Electrical fault, structural, and mechanical faults
- Water in the car passenger side flooded
- suspension arm front passenger to replace
- front passenger track rod end
- 2 tires to replace
- rear brake part in limit
- brake service to be done
- engine service to be done
- display screen to change
- alarm which keeps going off to be repaired
- 2 faulty keys not detected
- oil dirty to be replaced
Despite my renewed efforts to get the issue sorted, the Dealership A ignored my calls, refused to pay for the repairs to be carried out at my local garage, and failed to propose any resolution or alternative garage.
On 13.04.2024, I requested a partial refund of £1500, the amount quoted by my mechanic to carry the numerous repairs, but it was ignored.
I then still on the 13.94.2024, notified the Dealershipa A-B-C, by text and email, that I am officially REJECTING the car based on the Consumer Rights Act 2015 as the car is faulty, not fit for purpose, and sold under misleading advertising through a montage of different companies.
On 13/04/2024, I requested in an email from Dealerships A-B-C, an immediate full refund of £7995 for the Xtrail and ML part/x, that you have already put on sale on your website.
I have notified the Dealership to come and collect the car still untouched and parked at the mechanic garage.
...
You, The Dealership A-B-C have never offered to repair the vehicle and have refused to take responsibility for the collection and return of the vehicle. This is in contravention of the Consumer Rights Act 2015 sec 23 (2) which states that 'If the consumer requires the trader to repair or replace the goods, the trader must—
(a)do so within a reasonable time and without significant inconvenience to the consumer, and
(b)bear any necessary costs incurred in doing so (including in particular the cost of any labor, materials, or postage).'
The Consumer Rights Act 2015 requires dealers to supply goods that are fit for purpose, as described, and of satisfactory quality. However, the vehicle is not roadworthy. You are therefore in breach of contract.
As I've owned the car for less than 30 days, I am legally entitled to reject the vehicle and to be reimbursed the original purchase price of £7995. I look forward to receiving your cheque for this sum within 14 days. This may increase your liability for costs and inconveniences.
If you fail to reimburse me, I shall have no alternative but to issue a claim against you in the county court for recovery of the money without further reference to you.
...
No reply to my email, text, calls.
On the 14.04.2024, I finally got MrC on the phone, saying that MrB will collect the car on Monday 22.04.2014 and fully refund me.
I then text back to have a confirmation by text but nothing.
15.04.2024- I send by email and post (but not signed for) a letter before action repeating my letter from the 13.
On the 16.04.2024, I contact:
- the FCA, the 3 Dealership offering finance on their website and they confirmed that they have no legal authorisation to provide financial services
- the Motor Ombudsman refused to di anything as the 3 Dealerships didn't voluntarily registered to their services
- the trading standards via citizen advice told me to send a letter before action.
- I also report them to the financial Ombudsman
- and to the DVSA, for the false MOT
- I also email all of theses agencies
On the 19.04.2024, I sent an email+text:
...
Here is a kind reminder that failure to collect the car as promised, on Monday by 10am, and immediate fully refund of the £8000 (car+part exchange+fuel) will automatically actioned the beginning of a court claim!
As per the Consumer Rights Act 2015 Section 19 (9) and (10) and Explanatory Note 93
A consumer who exercises their short-term right to reject and receives a full refund may also claim DAMAGES.
You will then be charged for :
- full refund of the car + part exchange
- cost of fuel for day of collection. One way drive away on day of purchase at 15p/mile
- cost of mechanic inspections, all parts and repairs done on the car while you refused to act, only saying "sorry, get it fixed".
- cost for transport and storage
- cost for a new MOT
- cost for Missing V5C
- cost of Pro-rata road tax
- cost of Insurance paid on the car
- Non refundable breakdown cover
- cost for legal representation
- cost for debt collection services
- loss of earnings
- stress damage caused
- and any other cost related to this faulty car.
Be reassured that this is all you will have to pay once the court proceedings have been started.
...
On the 19.04.2024, I call to ask for a confirmation of the car collection and the man on the phone MrD short and swear "stop call, I know your address and I will come and you will see what I will do to you"
I immediately report this to the police.
Now, My problem is:
Now, this is all making me sick.
I'm a single mum with 3 kids and I need a car.
I have no fund to buy an other car.
My question is:
Option 1: wait for them fully refund and to collect the car on Monday 22
Option 2: get a second inspection from an other garage, compare the prices, pay for the repairs (€1000 to£2000 to keep the claim under £10000)
Then start a Mcol for the Repairs cost.
But can I also claim the price of the car?
This may mean that the Dealership will have to collect back after repairs are done.
Option 3: pay for a car to be delivered back to the Dealership and start a Mcol for the full car refund+transport
Option 4: no Mcol, few repairs and keep the car and sell it to "we buy any car" offering £5000 online.
But this mean I will loose a lot of money and may not have enough for a decent car.
Sorry for the very long post.
If someone can help me see clearly as I'm lost right now.
Many thanks for your help.
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