Hi,
I found a car on the 1st of April on autotrader that would meet our requirements, took my disabled wife and travelled the 30 odd miles to see the new motor, had a 5 min test drive around some back streets to the local petrol station and back again as the new motor had no petrol in it, all seemed to be well, although the motor didnt get over 30 miles an hour.
We go back to the show room and put down a deposit, but didnt accept the worthless 3 month warranty document the salesman waved at us, as neither he nor i could satisfy most of the conditions listed in the event of a claim if 1 arose.
On the 2nd of April, we went over to the showroom, and paid the balance for the motor using a debit card, I noticed that the name on the reciept was different but didnt think any more about it and we all left. An employee of the showroom was driving the new motor back to our home with some trade plates on as there was no tax on the new motor and it was Good Friday so i couldnt tax it.
On the way home whilst their driver was following me in our new motor I noticed that he was struggling to keep up with me going up hills at around 45/50 mph, so i stopped and asked if all was ok, their driver tells me the motor wont change gear out of 2nd, and is struggling to get up any hills.
After the 3rd hill, I spoke to their driver again and rang the showroom, told them that all this wasnt acceptable and that the motor was on its way back to them. We drove back to the showroom, we had only been gone for around 25 mins.
I had a job leaving the documents and the keys for the motor with the salesman, who was under the impression "its not my problem, its your car"
I did manage to leave them in his in tray in the office and left, i rang him when i was a couple of mins up the road advising him where the keys and documentation was, to which he says, I'll speak to my boss and let you know whats decided, at this time i wanted them to either fix the motor or give me my money back.
Three days go by and I havn't heard anythin so I ring the salesman, who tells me that his mechanic is looking at the motor, so he'll ring me when he knows whats going on with the motor, ....never happened.
On the 6th I get in touch with consumer direct, and tell them whats going on, their advice was write the sales room a letter instructing them that under the SOGA I need either "a time of the essence repair" within 7 business days or a full refund,so I did this and sent the letter recorded delivery, in the meantime I rang the showroom and the salesman tells me there is nothing wrong with the motor, the letter was already on its way and they got it on the 8th of April.
Whilst I was waiting and waiting, they never bothered to get in touch at all, so after 14 days had passed i contacted consumer direct who tell me, OK now we'll put your case on the system so that trading standards can get involved.
It took a few days before trading standards got in touch, telling me that they wouldnt get involved as its a civil matter but they would advise me of what to do next, write another letter to the garage, and demand my money back from them, and if they dont pay up, i'd have to take them to court.
So I started to write the 2nd letter on the 26th of April, but while I was still writing the letter, a car transporter turned up outside my door, with the new motor on the back, I spoke to the driver, asking him if the garage had now fixed the car, he didnt know so he rang the garage, they replied "no", so I told him to take it away as I didnt want it, and that I had rejected it under the SOGA.
He spoke to the garage and advised them of what I had just said, but was told to off load the motor anyway and to leave it parked near my house somewhere, but to bring the keys and paperwork back with him to the showroom. Which he did.
So I finished my 2nd letter and added that this motor that I had rejected needed to be collected at their earliest convienence, as i wasnt responsible for it being left in the street unattended, and because I didnt want it and i had no keys or documentation for the motor, then I sent the letter on the 27th April.
They recieve the letter on the 28th , but still no answers or refund.
I decided that I would see a solicitor specialising in consumer affairs, and have decided to proceed through the courts, but have found out that the compant has changed its trading name on the 13th of April, and have been advised that as it was a limited company, I cant hold any of the directors liable.
These people are still at the same premises trading under a different company name.
I cant get a charge back from the bank as they want to see something from DVLA or the actual showroom/garage stating that I dont own the vehicle, DVLA say they dont give out letters like that, and the showroom arent about to give up the letter as they'll lose the money.
So I'm completely p***ed off at the min as I dont know what to do. Any ideas or advise really welcomed from all you guys.
TIA
Kam: confused:
ps.... my apologies for the sheer length of this post
I found a car on the 1st of April on autotrader that would meet our requirements, took my disabled wife and travelled the 30 odd miles to see the new motor, had a 5 min test drive around some back streets to the local petrol station and back again as the new motor had no petrol in it, all seemed to be well, although the motor didnt get over 30 miles an hour.
We go back to the show room and put down a deposit, but didnt accept the worthless 3 month warranty document the salesman waved at us, as neither he nor i could satisfy most of the conditions listed in the event of a claim if 1 arose.
On the 2nd of April, we went over to the showroom, and paid the balance for the motor using a debit card, I noticed that the name on the reciept was different but didnt think any more about it and we all left. An employee of the showroom was driving the new motor back to our home with some trade plates on as there was no tax on the new motor and it was Good Friday so i couldnt tax it.
On the way home whilst their driver was following me in our new motor I noticed that he was struggling to keep up with me going up hills at around 45/50 mph, so i stopped and asked if all was ok, their driver tells me the motor wont change gear out of 2nd, and is struggling to get up any hills.
After the 3rd hill, I spoke to their driver again and rang the showroom, told them that all this wasnt acceptable and that the motor was on its way back to them. We drove back to the showroom, we had only been gone for around 25 mins.
I had a job leaving the documents and the keys for the motor with the salesman, who was under the impression "its not my problem, its your car"
I did manage to leave them in his in tray in the office and left, i rang him when i was a couple of mins up the road advising him where the keys and documentation was, to which he says, I'll speak to my boss and let you know whats decided, at this time i wanted them to either fix the motor or give me my money back.
Three days go by and I havn't heard anythin so I ring the salesman, who tells me that his mechanic is looking at the motor, so he'll ring me when he knows whats going on with the motor, ....never happened.
On the 6th I get in touch with consumer direct, and tell them whats going on, their advice was write the sales room a letter instructing them that under the SOGA I need either "a time of the essence repair" within 7 business days or a full refund,so I did this and sent the letter recorded delivery, in the meantime I rang the showroom and the salesman tells me there is nothing wrong with the motor, the letter was already on its way and they got it on the 8th of April.
Whilst I was waiting and waiting, they never bothered to get in touch at all, so after 14 days had passed i contacted consumer direct who tell me, OK now we'll put your case on the system so that trading standards can get involved.
It took a few days before trading standards got in touch, telling me that they wouldnt get involved as its a civil matter but they would advise me of what to do next, write another letter to the garage, and demand my money back from them, and if they dont pay up, i'd have to take them to court.
So I started to write the 2nd letter on the 26th of April, but while I was still writing the letter, a car transporter turned up outside my door, with the new motor on the back, I spoke to the driver, asking him if the garage had now fixed the car, he didnt know so he rang the garage, they replied "no", so I told him to take it away as I didnt want it, and that I had rejected it under the SOGA.
He spoke to the garage and advised them of what I had just said, but was told to off load the motor anyway and to leave it parked near my house somewhere, but to bring the keys and paperwork back with him to the showroom. Which he did.
So I finished my 2nd letter and added that this motor that I had rejected needed to be collected at their earliest convienence, as i wasnt responsible for it being left in the street unattended, and because I didnt want it and i had no keys or documentation for the motor, then I sent the letter on the 27th April.
They recieve the letter on the 28th , but still no answers or refund.
I decided that I would see a solicitor specialising in consumer affairs, and have decided to proceed through the courts, but have found out that the compant has changed its trading name on the 13th of April, and have been advised that as it was a limited company, I cant hold any of the directors liable.
These people are still at the same premises trading under a different company name.
I cant get a charge back from the bank as they want to see something from DVLA or the actual showroom/garage stating that I dont own the vehicle, DVLA say they dont give out letters like that, and the showroom arent about to give up the letter as they'll lose the money.
So I'm completely p***ed off at the min as I dont know what to do. Any ideas or advise really welcomed from all you guys.
TIA
Kam: confused:
ps.... my apologies for the sheer length of this post