Car dealer threatening "to pursue matters through the courts" - where do I stand?

[abodon]

Hello everyone.

I recently placed a deposit for a car with an agreed collection date (the following week I am going on holiday).

The car dealer called me the day before collection to tell me that it wouldn't be ready (that it needs further work doing to pass its MOT), and that it would be ready the following week (during the week).

As part of the condition of sale was that we could collect it the following week, do I have grounds to cancel this transaction?

He has not been at all pleasant to deal with on the phone and his most recent email states that if we do not buy the car then they will pursue matters through the courts because they have performed repairs at my request.

I'll just note here that the repairs were not my request, and the car is not even roadworthy until they are done (it failed it's MOT).

Any help would be much appreciated as it's a bit daunting being threatened with legal action when I don't really know the law well enough myself to be able to defend myself properly. I don't believe I've done anything wrong and the whole ordeal has been a massive inconvenience so far.

[seduraed]

Re: Car dealer threatening "to pursue matters through the courts" - where do I stand?

Did you say to the dealer or better yet put in writing that as far as delivewry was concerned "time is of the essence"?

[abodon]

Re: Car dealer threatening "to pursue matters through the courts" - where do I stand?

Afraid not in writing, but yes we said that "we were hoping to drive away that day", but that "we could wait until the following Saturday considering"

It was quite clear IMO, although we didn't dwell on it as I didn't think it'd be an issue. A week to complete a few odd jobs on a car is plenty IMO. At this point (and I haven't mentioned this to him) it's almost a matter of principle that I don't want to complete a deal with such a person. But I realise the law probably doesn't accommodate for distasteful personalities....

[R0b]

Re: Car dealer threatening "to pursue matters through the courts" - where do I stand?

Depends what was said at the time of sale. Did he represent to you in any way that the car was in a roadworthy condition? Were you made aware of any repairs that needed doing at the time or that it was unlikely to pass its MOT? If the answer to the first question is yes then I am guessing you could state you were told the car was in roadworthy condition which you relied upon to put down a deposit and collect. He has now said that the car will fail it's MOT unless the car is fixed (and presumably this changes the valuation of the car?) this changes the circumstances and I think there would be grounds to walk away as its leather car wasn't described as it originally was.

[des8]

Re: Car dealer threatening "to pursue matters through the courts" - where do I stand?

As a corollary to what R0b suggests the dealer possibly broke the law by selling a car that failed its MOT, if that failure meant the vehicle was in a dangerous condition.
To avoid a possible criminal charge the dealer would need to repair the vehicle at his own cost, not place the onus on the buyer

[beaconsman]

Re: Car dealer threatening "to pursue matters through the courts" - where do I stand?

Unless you agreed to trailer the car away or as a "trade deal" then imo (as an ex mechanic) he hasn't a leg to stand on. If you were due to collect the car and drive it away, then it has a to have a current VALID MOT certificate for (new rules) Tax excise plus also obviously insurance. I doubt his trade insurance would le this or employees drive a vehicle without a valid MOT unless divining to or from an MOT station.

I would just write simple letter and post it stating you dont wish to purchase the vehicle anymore. I have often gone back on deals (especially motorcycles) as it wasn't as described...i.e. fit for purpose. You can have a vehicle MOT'd and within 5 mins, a fault can develop which wasn't present at the time of the MOT, it is only at the time of the test MOT's are valid for. Makes no sense at all tbh.

Sorry for the typos, bluetooth keyboard on iMac plays up as neighbours have so many gadgets on.

[des8]

Re: Car dealer threatening "to pursue matters through the courts" - where do I stand?

When writing to reject the vehicle do ask for return of your deposit.
If it isn't forthcoming it is your turn to threaten court action!