New car joy turned sour. Legal help please!!

Started by shnazzle, November 11, 2013, 19:01

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Flipside

#25
Really? That's mad as they would have to repair it to sell it on again.
2001 low mileage, mods: K&N 57i gen 2, toyosports manifold and Cobra twin exhaust, unichip. Colour coded side vents and spoiler.  not forgetting the ICE Install, stock sony head unit, sony xa300 aux input, bluetooth connection, 4 channel hertz digital amp, 2 channel hertz ep2 amp, mb quart components, hertz 10" subwoofer in the bins and UD JL 6.5 in sub. Boom!

shnazzle

#26
Quote from: "Flipside"Really? That's mad as they would have to repair it to sell it on again.

Yeah right... The dodgy idiots at  m http://www.ampthillroadcarsales.co.uk/ m  would just sell it onto another unsuspecting and gullable person. Until someone doesn't have the balls to put up a fight.

I've emailed back asking if this includes the radiator; a mechanical issue. And I've checked coolant today and it is once again lower than it was so...
I've pointed out that's his responsibility.

Citizens advice tomorrow first thing...
...neutiquam erro.

Flipside

#27
Or give it back?
2001 low mileage, mods: K&N 57i gen 2, toyosports manifold and Cobra twin exhaust, unichip. Colour coded side vents and spoiler.  not forgetting the ICE Install, stock sony head unit, sony xa300 aux input, bluetooth connection, 4 channel hertz digital amp, 2 channel hertz ep2 amp, mb quart components, hertz 10" subwoofer in the bins and UD JL 6.5 in sub. Boom!

shnazzle

#28
Quote from: "Flipside"Or give it back?

Yup. Happy to at this point. With our deposit back.

As it was a distance sale, I had him agree in writing to a few terms, and if any were not met we would be entitled to our deposit back. One of the terms was not met...  s:) :) s:)

But they screwed me out of a good car and not to mention fuel costs there and back (TWICE if I return it).

I'll take a hit on the windscreen (MAYBE) but the radiator and coolant leak...no
...neutiquam erro.

Flipside

#29
Totally annoying though. Feel for you
2001 low mileage, mods: K&N 57i gen 2, toyosports manifold and Cobra twin exhaust, unichip. Colour coded side vents and spoiler.  not forgetting the ICE Install, stock sony head unit, sony xa300 aux input, bluetooth connection, 4 channel hertz digital amp, 2 channel hertz ep2 amp, mb quart components, hertz 10" subwoofer in the bins and UD JL 6.5 in sub. Boom!

Bernie

#30
Citizens advice will tell you that it's not fit for purpose, of merchantable standard and the options are they put it right at their expense or offer a full refund which it looks like they have offered.
Black 2004  N/A  Many Mods = 171BHP 
2019 & 2021 MR2DC National Day Modified Best in Class
Readers Ride
https://www.mr2roc.org/index.php?topic=56481.0

Andys-N20

#31
Quote from: "shnazzle""Hi the best thing to do is bring the car back and have your money back. There is no way we will pay that. "
Some dealers have good business relationships with local garages and get special prices as they use them daily. So to them it might sound pricey. You might be able to negotiate a partial refund. the fact that he sent you to get quotes suggests that they are willing to refund at the right price
Quote from: "shnazzle"I'll take a hit on the windscreen (MAYBE) but the radiator and coolant leak...no
You can get radiators on flebay for about £40. There was a thread on it recently. Can be swapped in less than an hour all blead and what not.
I changed mine the other day, not because its faulty... But because its so easy, it gives me reassurance that it will last and the coolant is the correct strength for the winter and also because I am eccentric like that   s:lol: :lol: s:lol:
204.2 BHP Silver 2000 MR2, 2006 2ZZ engine, Apexi PFC, Zorstec full stainless system exhaust (including 400 cell cat & race header), titanium heat wrap, MRW underdrive pulleys, handmade short ram intake, Hondata intake gasket, Celica gearbox ratio's, LSD.
Edge 306 speakers, Alpine CDE 235BT, sound deadened doors.
Full facelift conversion including bracing, sub frame, the works...

shnazzle

#32
You know what; the repairs I can get done easily and cheap. Now I just want to point a few agencies in their direction...I'm sure they'll find a few interesting things. HMRC, trading, etc...oh the contacts I can use.

I'll do the radiator my damn self, get autoglass in for windscreen on insurance.

They're on Facebook too...they might wish they weren't  s;) ;) s;)
...neutiquam erro.

mrzwei

#33
The law is on your side.
Don't get mad yet.
List the faults in writing, refer to your conversations, and say exactly what it is you want them to do to put the faults right.
They MUST be given the opportunity to put the faults right so don't touch anything yourself.
Ex.MR2 SMT sadly missed.
Saab 9-5 Turbo, Hirsch stage 1, Sports suspension and anti roll bars, uprated disks, sports intake and filter and various other bits. 210bhp, 320Nm.
Talbot Express campervan with carb, distributor, coil and no cat! SOLD

shnazzle

#34
Quote from: "mrzwei"The law is on your side.
Don't get mad yet.
List the faults in writing, refer to your conversations, and say exactly what it is you want them to do to put the faults right.
They MUST be given the opportunity to put the faults right so don't touch anything yourself.
Indeed, and I will, but as has been pointed out above...they have "offered" to take the car back.

I'll see what I can do tomorrow. Won't touch the car until then
...neutiquam erro.

mrzwei

#35
Quote from: "shnazzle"
Quote from: "mrzwei"
Indeed, and I will, but as has been pointed out above...they have "offered" to take the car back.

Missed that, that is a reasonable offer so basically they have accepted your argument.

Good luck with the outcome you want.
Ex.MR2 SMT sadly missed.
Saab 9-5 Turbo, Hirsch stage 1, Sports suspension and anti roll bars, uprated disks, sports intake and filter and various other bits. 210bhp, 320Nm.
Talbot Express campervan with carb, distributor, coil and no cat! SOLD

Mightyquin

#36
I'm confused reading this - I think you're saying you have found a cracked windscreen and the radiator appears to be leaking? You've contacted the garage, given estimates for the cost to repair the faults and they've said they'd rather take the car back and give you a refund?

I think you either have to accept that - it's as much as they have to do for you after all, or put up and sort the faults out yourself.

I'm not sure why you're making threats against the dealer, when they've - on the face of it anyway - been quite fair.

shnazzle

#37
Quote from: "Mightyquin"I'm confused reading this - I think you're saying you have found a cracked windscreen and the radiator appears to be leaking? You've contacted the garage, given estimates for the cost to repair the faults and they've said they'd rather take the car back and give you a refund?

I think you either have to accept that - it's as much as they have to do for you after all, or put up and sort the faults out yourself.

I'm not sure why you're making threats against the dealer, when they've - on the face of it anyway - been quite fair.

The disappointment comes from the fact that they themselves said that any mechanical faults, contact a local garage for a quote and they'll send a cheque...nooo problem. Now they're saying they won't cover the repair of a mechanical defect, which is unlawful.

Indeed they have said they'll take the car back, but they know damn well that won't happen as it cost use 300 in fuel just to get it  s:) :) s:)
I'm well within my rights to get this radiator repaired, and that's what I shall fight for. Windscreen, different story.

The customer service has been shocking, unfriendly and unhelpful. And they have lied and come back on their word on multiple accounts. That's why the anger and wishes for bad futures for them. Mostly to prevent other people from suffering their "service"
...neutiquam erro.

Anonymous

#38
Quote from: "shnazzle"
Quote from: "Mightyquin"I'm confused reading this - I think you're saying you have found a cracked windscreen and the radiator appears to be leaking? You've contacted the garage, given estimates for the cost to repair the faults and they've said they'd rather take the car back and give you a refund?

I think you either have to accept that - it's as much as they have to do for you after all, or put up and sort the faults out yourself.

I'm not sure why you're making threats against the dealer, when they've - on the face of it anyway - been quite fair.

The disappointment comes from the fact that they themselves said that any mechanical faults, contact a local garage for a quote and they'll send a cheque...nooo problem. Now they're saying they won't cover the repair of a mechanical defect, which is unlawful.

Indeed they have said they'll take the car back, but they know damn well that won't happen as it cost use 300 in fuel just to get it  s:) :) s:)
I'm well within my rights to get this radiator repaired, and that's what I shall fight for. Windscreen, different story.

The customer service has been shocking, unfriendly and unhelpful. And they have lied and come back on their word on multiple accounts. That's why the anger and wishes for bad futures for them. Mostly to prevent other people from suffering their "service"

I totally agree that you are well within your rights as a consumer. Its just unfortunate that in these economic times, they are aren't willing to uphold their agreement - realistically if you were closer they could have replaced the radiator at little cost to themselves, achieving goodwill along the way.

It is totally their fault that you will be out of pocket for your costs if you return it, costs that realistically in the past would just have been absorbed, but today this dealer is using the high cost of fuel to inhibit you returning the vehicle. I hope that they have the sense to pay for the radiator in the 11th hour and uphold their side of the bargain.

Mightyquin

#39
Quote from: "shnazzle"The disappointment comes from the fact that they themselves said that any mechanical faults, contact a local garage for a quote and they'll send a cheque...nooo problem. Now they're saying they won't cover the repair of a mechanical defect, which is unlawful.

Indeed they have said they'll take the car back, but they know damn well that won't happen as it cost use 300 in fuel just to get it  s:) :) s:)
I'm well within my rights to get this radiator repaired, and that's what I shall fight for. Windscreen, different story.

The customer service has been shocking, unfriendly and unhelpful. And they have lied and come back on their word on multiple accounts. That's why the anger and wishes for bad futures for them. Mostly to prevent other people from suffering their "service"

It's not unlawful that they're refusing the quote you got for a local repair. Your rights are that they repair or refund, and they've offered you a refund. I think you're on very shaky ground if you press ahead with repairs and then try to get the dealer to pay for them, can't see you winning that case in court.

I can see why you feel annoyed, but that's also the risk of buying a car from a distance away, again that's not the dealers fault. I'd also be careful about posting potentially slanderous stuff on Facebook. At best it will weaken any case you have and at worst it could lead to them to take legal action against you.

If I were you I'd speak to them, explain you really would like to keep the car IF you can resolve the issues between you, and see if they'll compromise with you over the repair costs, given that it will cost you money to return the car, and them money to take it back and resell it.

Good luck.

shnazzle

#40
Not going to slander. Annoyance talking for me there.

Turns out I do have a case with a few options:
1)They refund, in which case I will offer to have them pick up the vehicle. If not, I can rightfully claim for the fuel costs etc to bring it back.
In this case, I have to prove to them that the car is not of satisfactory quality or wont break within a reasonable amount of time. Well...it IS broken, and it's not of satisfactory quality. I can prove this quite easily. In any case they already offered to take it back.

2) They repair. They can come back with local quotes (and proof of this), and if I disagree, then we can agree that they pay whatever it is they have found locally, and I pay whatever extra to get it repaired here.
In this case THEY have to prove that the car was NOT showing these defects prior to sale. I've got photographic evidence of one and good luck on the radiator front.

3) they replace...not going to happen for obvious reasons. Not really applicable in this case.

So all in all, what I'm hoping for is that they come back with local quotes and send me that cash. I will either use that to repair, or top it up with more and repair at a place of my own choosing.
...neutiquam erro.

MR TWO

#41
As the windscreen fault was no fully pointed out, nor the radiator fully checked, I would wonder at what other things this dealer has swept under the proverbial carpet - unless you got a screaming deal on the car.

I bet you can get a replacement screen via a breaker or recycler at a resonable cost, and have it fitted.  The radiator should be fairly inexpensive too.

If it were me (and of course it's not) I would call the dealer and tell him you really want to keep the car, but as the replacement 'screen is X inc fitting and the radiator is X inc fitting its not an option. Of course you will point out that the return fuel is down to him being 300.  Maybe he will think that getting rid of the car and sending you something between 0 and 300 is worthwhile?

Either way I hope it all works out well.
1MZFE, Emerald ECU, LSD, BC coilovers, custom middle & front under brace, F / R strut brace. Slotted discs & yellow pads, Blue flame exhaust.
Carrera leather seats, Davids bars, Focal subwoofer & voce speakers & bling !
TRD Stage 2 F & R spoilers,  Haltezza bonnet, C1 side vents, JDL rear panel

shnazzle

#42
Had the car fully checked over in the meantime and it's sound as can be. Compression figures perfect. The aircon radiator is a bit worse for wear, even for a 2005, but apparently doesn't need immediate replacement.
Coolant leak wasn't a leak. Air in lines. A few top ups and it has held since.

Windshield now has another f-ing chip in it! Good thing I didn't get it sorted before  s:) :) s:)
So now I can actually just get it done on the insurance haha.
So the whole dealer thing is pretty much moot at this point. Such a shame. Like a bit legal battle  s:) :) s:)
...neutiquam erro.

MR TWO

#43
Sounds like you are keeping the car and all is mostly well!

Where's a pic then?
1MZFE, Emerald ECU, LSD, BC coilovers, custom middle & front under brace, F / R strut brace. Slotted discs & yellow pads, Blue flame exhaust.
Carrera leather seats, Davids bars, Focal subwoofer & voce speakers & bling !
TRD Stage 2 F & R spoilers,  Haltezza bonnet, C1 side vents, JDL rear panel

shnazzle

#44
Quote from: "MR TWO"Sounds like you are keeping the car and all is mostly well!

Where's a pic then?
Yes indeed.
No good pics yet  s:( :( s:(
Just one off the for sale ad. Just cleaned it yesterday but it's pouring again today so still no good pic.
...neutiquam erro.

Andys-N20

#45
She is looking good. Glad its almost sorted
204.2 BHP Silver 2000 MR2, 2006 2ZZ engine, Apexi PFC, Zorstec full stainless system exhaust (including 400 cell cat & race header), titanium heat wrap, MRW underdrive pulleys, handmade short ram intake, Hondata intake gasket, Celica gearbox ratio's, LSD.
Edge 306 speakers, Alpine CDE 235BT, sound deadened doors.
Full facelift conversion including bracing, sub frame, the works...

Mightyquin

#46
If the pic you posted is your rad. Even if it's not leaking I would urge you to fit a new one. Mine failed suddenly and looked about the same. I was lucky to notice the temp gauge rising and stopped the car before any damage was done.

A new rad is less than £50, well worth replacing. I guess the rad in these cars is very low down and more vulnerable to. Damage and corrosion.

shnazzle

#47
Quote from: "Mightyquin"If the pic you posted is your rad. Even if it's not leaking I would urge you to fit a new one. Mine failed suddenly and looked about the same. I was lucky to notice the temp gauge rising and stopped the car before any damage was done.

A new rad is less than £50, well worth replacing. I guess the rad in these cars is very low down and more vulnerable to. Damage and corrosion.

Mind I've got A/C so the radiator in front is for A/C, bit pricier. the actual water radiator is in a better state.
But the same holds true really  s:) :) s:)
...neutiquam erro.

parker455

#48
Oo is that a hard top fitting kit eye-spy on there?  s;) ;) s;)  

Mine came with one and I didn't even realise so if it did, cracking!

shnazzle

#49
Quote from: "parker455"Oo is that a hard top fitting kit eye-spy on there?  s;) ;) s;)  

Mine came with one and I didn't even realise so if it did, cracking!
Hehe yes indeed. With the heater cable and blanking plates in the cubby hole.

Quite pleased with that as the dealer had no clue it was that's worth. Even though I've now been told by more people than I care for that I didn't get a good deal at all.
So...notice to all, ignore any/all comments I make about how much a car is worth. Spread the word
...neutiquam erro.

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