What can I do about a car dealer?

[Paul S320CDi]

What options do I have regarding a car dealer that has my money AND my car?

Brief overview. I took out finance in early July for a S320CDi and as of today I still don't have the car although the dealer had the money in July.

If you have the time to read my blog on www.choice-vehicles.co.uk I'd be pleased if you have any suggestions what my next actions could be.

I just feel that I am powerless

 

[eGuru]

My first suggestion would have been Trading Standards and then the finance company but I see you have already done that. I am really surprised that they cannot help you in resolving the situation.
I used to work at a car showroom and we would have never dreamt of treating a customer like this.
I really hope you get this sorted.

 

[truthfindergeneral]

Surely although you gave them the car voluntarily, their failure to return it to you on demand constitutes theft ?

 

[Paul S320CDi]

Surely although you gave them the car voluntarily, their failure to return it to you on demand constitutes theft ?

Hmm. Maybe. I could try the police. I only have the car dealer's "word" that it has been sent for repairs at all. It could have been working as a minicab for all I know.

 

[hawk20]

You should contact What Car magazine who have a long record of sorting out problems like yours. Autocar and AutoExpress might also be able to help. TV and radio car progs occasionally take up cases like yours. This is the 'name and shame' route which often works.

Contact Which magazine and/or Citizen's Advice bureau for advice on your legal position and how to proceed on the 'legal route'. If you are in the AA or Rac they both have excellent legal departments who can advise you. If not a member, join, and get them on your side.


Contact your local MP. They can often give good advice on your rights and can sometimes shame firms into sorting a constituent's problem. A short letter with attachment giving details is all you need. Try and shorten your detailed description of events to 2 pages of A4. Attach the full version as well if you think it helps.

 

[television]

If you can walk away from the deal now you can buy the same car now for many £k cheaper as the prices have all crashed and you could be better off

 

[gfern]

Terrible situation for you to be in, I think that you should seek legal advice from a solicitor at this point to see exactly the options that you have in law.

 

[jberks]

If it were me....

The car is on HP, so it legally belongs to the HP company, not you or the supplying garage so its entirely their problem.
So, - and check this with a solicitor
1) stop payment immediately and inform them, in writing why you have done this. Legally they are in breach of contract so the finance contract you signed is now void.
2) Inform the finance company and the dealer that you are formally rejecting the car as unfit for purpose and now require your trade in returned (unlikely I know), or the value of the trade in as shown on the invoice, returned.
3) They will ignore the demand so back it up immediately with a solicitors letter giving them, say, 14 days to make payment or you will commence proceedings for that amount plus costs. In other words, you are not playing around. The last time I was in this situation I also spoke to the proprietor and explained that 2 family members are lawyers (in my case it was partially true, but even if its a the bluff, it's still effective) so there's no cost to me and its now personal so I have instructed them to be as malicious, agressive and troublesome as possible. - he paid up. If they ignore this too, you should be able to get judgement pretty quickly (online small claims court) and as a garage, there are plenty of things a bailif can take and sell to get the money so they can't stall too long. In the mean time, as has been said, prices have fallen, so find another car and you'll probably end up with the same finance figure and put the part ex value in the bank when you get it.

 

[Aussie Nick]

A breach of the contract dosen't necessarily void it. It usually dosen't. In this case it probably does.

 

[Paul S320CDi]

Thanks for the advice. I will post back if anything changes.

 

[izy_wizy]

sounds familiar

I had a similar problem. I bought a car for 10k with numerous problems and in the first 3 months it spent 2 weeks in my possesion and that wasn't 14 days in a row!! the dealer was being an arse, no courtesy car or help to get from surrey to romford every time! eventually i rejcted the car undrr the sales of goods act a not being fit for purpose and the dealer was surprised! he thought i was a mug!! he gave me a check that bounced! he said re-present it and it bounced again!! then not returning my calls eventually a friend said give him a stat demand. After some investigation a used a company called process server in central london who served a stat demand on the dealer and with in 21 days i had 10k cash in me hand!! If he had not paid i goes straight to court where you apply to make said person/company bankrupt for non payment. Papers are on courts website. let u know what happens

 

[OlafMaxwell]

Under the terms of your agreement you are obliged to keep the car in good repair. You have done this, returned the car to the dealer. In return for this the vehicle is supposed to be serviceable, under the Sale of Goods Act it is to be of merchantable quality.

I had a similar problem some years back and was thankful it was one of the few occasions I used finance. What you are told above is correct, the vehicle legally belongs to the finance company who under your contract with them agree to provide you with a car for your needs, provided you maintain it. They are not doing that so it becomes their problem. I was faced with a similar problem and wrote to the finance company with a full list of my complaints. You have two options as far as I see, either give them an ultimatum to get the car back or else hold them in breach of contract looking for your money back. I may not be entirely right in all of this, you need to read your small print first but either way you will get more help if you can get the finance company on your side.