Scary dodgy car, even dodgier sales people, car being picked up, V5 not back from DVLA - HotUKDeals
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Scary dodgy car, even dodgier sales people, car being picked up, V5 not back from DVLA

xsazzyjayx Avatar
6y, 10m agoPosted 6 years, 10 months ago
Ok I hope the title sums it up what this is about! Would really appreciate some advice...

But anyway bought a car 2 weeks ago from a dealer, paid a deposit, went back 2 days later to pick up & pay balance. Husband signed 'sales invoice' when paying deposit. When we went back to pay the balance the invoice had written on 'no warranty p/x to clear' which had obviously been added after he'd signed (I know this is now their word against his but this is not the point of the advice needed here).

On Wednesday I was taking my 2 girls to their nannas in the car, half way there the engine started overheating & the engine management light came on & along with the little above. The car lost power & the temperature indicator went straight past the red square.

Took it to my local garage yesterday & it was leaking oil, cylinder had gone, a new head gasket was going etc - things apparently the dealer would have known when selling it.

Came home, researched Sale of Goods Act so I knew my rights & rang the dealer...the woman I spoke to was incredibly nasty & I had to keep reminding her to stop shouting at me! She asked me to drive the car up there (20 miles away). I refused as it's dangerous.

Well she rang me back after an hour (apparently she's the manager & had to speak to 'the lads') & said they'd offer me £1000 back of the £1195 we paid & asked again for us to drive it up there. I said no & said it was dangerous. I also asked why I couldn't have my full refund...first response 'You've driven the car for 2 weeks, how much would it have cost for you to hire a car" then it was "we'll have to get it towed, that costs money".

I actually only started driving the car last friday as we had to wait for an insurance certificate since it wouldn't let us tax online. So I had 6 days of driving...but it was used for 3 days, saturday, sunday & wednesday this week so I know I couldn't have caused all the damage.

I agreed to the refund as I don't need the hassle right now but was prepared to go to court if they offered nothing back.

Anyway, the v5 has been sent to the DVLA to be registered in my name & I've not gotten it back yet. I've rang the DVLA, explained the situation & the response I got was 'that's not our problem - wait for the v5 to come back - it'll be within 6 weeks'.

I'm not prepared to ring the garage again as they're meant to be ringing with a courtesy call to tell me what time they'll be collecting the car this afternoon. I'm honestly not holding my breath about this.

Anyway - has anyone else been a similar situation? Will I need to wait up to 6 weeks for the v5 and then get the dealer to take the car? What implications are there for me if they take the car without it?

Thanks in advance to anyone who can pass on anything they know :)
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xsazzyjayx Avatar
6y, 10m agoPosted 6 years, 10 months ago
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1 Like #1
so it cost u £195? or you mean £11995?
#2
superskilly
so it cost u £195? or you mean £11995?


Cost £1195 :thumbsup:
1 Like #3
Ring your local trading standards office, they may already have info on this dealership, either way they will give you good advice and may even act on your behalf.
#4
nat66
Ring your local trading standards office, they may already have info on this dealership, either way they will give you good advice and may even act on your behalf.


Actually yes that's an idea...just wonder if it'll make a difference that where I live is a different county to where I bought it :thumbsup:
#5
jellybaby22
^^^

this definately..... our trading standards usually take over communicating with the problem in this case garage.....amazing sometimes how they change their minds when TS are involved.... good luck:thumbsup:


I'll give them a go :)
1 Like #6
Trading standards sounds like a good idea hun!

I imagine the garage will know that the V5 ( or will assume ) it has already been sent off. You might just have to go back when the V5 form comes threw and get them to sign it back over to them. I just hope they dont make you wait for the refund.

Have the mentioned the V5 form before now?
1 Like #7
DVLA should be quicker than returning docs to you within 6 weeks - any car changes I did last year, I found that I was getting docs back within about a week or so.

As for the car - I had a similar incident a good few years back. Bought a cheap part ex car from a dealer 'sold as seen'. Drove it home from the dealer and didn't get a few miles from the garage and the head gasket went - so I didn't even make it home !!! Obviously got straight back onto them - went through the whole argument of buyer beware and sold as seen etc etc - they tried everything to get out of it. I just threatened them with Trading Standards and the car obviously not being fit for purpose and reasonable to expect it to complete a short journey home.

Needless to say, they took the car back and arranged to fix it free of charge.
1 Like #8
nat66
Ring your local trading standards office, they may already have info on this dealership, either way they will give you good advice and may even act on your behalf.


totally agree phone trading standards cant believe they said that stuff about a hire car, that totally out of order. if they want to be smart i would take them on for changing the contract after your husband signed it. similar story happened to my boyfriends mate bought a car from a dealer signed all documents was under the impression that the car came with a 12 month warrenty as there was a big sign at the entrance of dealer saying "all cars come with year warrenty. couple of weeks went buy and car started to make funny noises he phoned rac, they couldnt find nothing wrong with it but said it could be gearbox few days later car wouldnt go in gear, took it back to the dealer they said the car was sold as seen. anyway trading standards got involved and he had his money back plus few extra quid for incovience caused. it been a year now dealer gone bust and closed down.
1 Like #9
Just because it says "sold as seen" doesn't mean you don't have rights, the car should still be fit for purpose without faults, unless the faults are listed on the invoice
1 Like #10
deanos
Just because it says "sold as seen" doesn't mean you don't have rights, the car should still be fit for purpose without faults, unless the faults are listed on the invoice


+1:thumbsup: Trading Standards should point this out to the dealer on your behalf.
1 Like #11
Trading standards +1,
Also spitting feathers about attitude of garage.
£195 out of pocket? because towing it costs money??
two thoughts....
1) If they want their scrap back they should pay for its return since its not 'fit for purpose'.
2) are you in a rescue service? you could arrange for them to recover it to the garage...........but then again,why should you help them.
If you had to get it looked at by your local garage to diagnose faults,surely that would have cost you??
Good luck & let us know how you get on.
#12
munnski
Trading standards sounds like a good idea hun!

I imagine the garage will know that the V5 ( or will assume ) it has already been sent off. You might just have to go back when the V5 form comes threw and get them to sign it back over to them. I just hope they dont make you wait for the refund.

Have the mentioned the V5 form before now?


meandog101
DVLA should be quicker than returning docs to you within 6 weeks - any car changes I did last year, I found that I was getting docs back within about a week or so.

As for the car - I had a similar incident a good few years back. Bought a cheap part ex car from a dealer 'sold as seen'. Drove it home from the dealer and didn't get a few miles from the garage and the head gasket went - so I didn't even make it home !!! Obviously got straight back onto them - went through the whole argument of buyer beware and sold as seen etc etc - they tried everything to get out of it. I just threatened them with Trading Standards and the car obviously not being fit for purpose and reasonable to expect it to complete a short journey home.

Needless to say, they took the car back and arranged to fix it free of charge.


bargain buyer
totally agree phone trading standards cant believe they said that stuff about a hire car, that totally out of order. if they want to be smart i would take them on for changing the contract after your husband signed it. similar story happened to my boyfriends mate bought a car from a dealer signed all documents was under the impression that the car came with a 12 month warrenty as there was a big sign at the entrance of dealer saying "all cars come with year warrenty. couple of weeks went buy and car started to make funny noises he phoned rac, they couldnt find nothing wrong with it but said it could be gearbox few days later car wouldnt go in gear, took it back to the dealer they said the car was sold as seen. anyway trading standards got involved and he had his money back plus few extra quid for incovience caused. it been a year now dealer gone bust and closed down.


deanos
Just because it says "sold as seen" doesn't mean you don't have rights, the car should still be fit for purpose without faults, unless the faults are listed on the invoice


cis_groupie
+1:thumbsup: Trading Standards should point this out to the dealer on your behalf.


Trading Standards didn't answer the phone. Spoke to Consumer Direct who basically told me what I already knew :thumbsup:

PhilthyPhil
Trading standards +1,
Also spitting feathers about attitude of garage.
£195 out of pocket? because towing it costs money??
two thoughts....
1) If they want their scrap back they should pay for its return since its not 'fit for purpose'.
2) are you in a rescue service? you could arrange for them to recover it to the garage...........but then again,why should you help them.
If you had to get it looked at by your local garage to diagnose faults,surely that would have cost you??
Good luck & let us know how you get on.


Sod's Law - I said I wanted to sort breakdown cover last week & never got round to it!

Our local garage didn't charge to look at it, they're really nice people down there - they said they'd do whatever we wanted - he said it would be about £600 to fix but couldn't give an exact figure without stripping the engine right back (which he said he had no problem doing). The fact that we only bought the car 2 weeks ago, he said to go back to the dealer. So he's pretty honest as he said he'd rather keep our custom than go ahead with the work before we'd spoken with the dealer.

I've spoken to the 'manager' of the garage today & she is not a nice person at all. I've been waiting all day for them to collect the day today (surprise surprise by 3.20 they hadn't been so that's when I rang to find out what was going on). Basically here are a few things she said:

'Your husband has already rang me, you're bothering me now'

'You bought an old banger what do you expect'

'Your tone isn't very friendly I don't want to talk to you'

'This has caused a massive inconvenience to us'

I said to her that it sounded like they weren't bothered by the fact we'd bought a car from them - all I got back was 'well you haven't bought it have you'.

Oh and the sales bloke 'doesn't normally give refunds but on this occasion he said he will'

So, from what they're saying - this is our fault. I bit my tongue when talking to her as I know I can get pretty angry sometimes but once off the phone I was really upset. I've never ever experienced customer service like it!

Finally someone rang me back & said it'd be collected at 11am tomorrow morning. I won't hold my breath.

I am taking the £1000 refund & getting these people out of my life - they're nasty, dishonest and could have caused an accident for my family.

My v5 is on it's way, I called the DVLA again and it was sent yesterday so fingers crossed it arrives tomorrow so tomorrow is the last time I will ever have to deal with these people.
#13
Once youve got the v5 back.......throw it at them!
2nd hand car dealers are the modern day horse traders.
At least you got a refund without going through the courts,though loss of face in local papers would surely have been worth more than £195.
banned 1 Like #14
xsazzyjayx

I am taking the £1000 refund & getting these people out of my life - they're nasty, dishonest and could have caused an accident for my family.

My v5 is on it's way, I called the DVLA again and it was sent yesterday so fingers crossed it arrives tomorrow so tomorrow is the last time I will ever have to deal with these people.


Take the money, but then go after them in the small claims court for the rest and anything else you are out of pocket.

Explain in your claim that you have accepted a payment of £1000 purely because the way they had treated and spoken to you, you felt intimidated and thought you would be left without a car to use, cash to buy another and a lengthy wait to get into court.
#15
PhilthyPhil
Once youve got the v5 back.......throw it at them!
2nd hand car dealers are the modern day horse traders.
At least you got a refund without going through the courts,though loss of face in local papers would surely have been worth more than £195.


I don't have the money yet. I am getting it when they collect the car tomorrow. I have got this sneaking suspicion they may try something funny to get away with giving me less money but that's maybe me just being a bit skeptical. Will update the the thread when/if they come tomorrow.

guv
Take the money, but then go after them in the small claims court for the rest and anything else you are out of pocket.

Explain in your claim that you have accepted a payment of £1000 purely because the way they had treated and spoken to you, you felt intimidated and thought you would be left without a car to use, cash to buy another and a lengthy wait to get into court.


I would have to send them a recorded letter first, but I do think I may try this - Only thing I'd have to lose is the money to open the claim :thumbsup:

Thanks to EVERYONE who has commented - leaving you all rep now :thumbsup:
#16
Crikey this sounds awful. Forget about the V5, they will have forgotten it already, and if they intend to scrap it they won't need it anyway (I think). Don't offer it, just chuck the keys out the door, saying you're busy bathing kids or something, and tell them to just take it. Better still, if they don't turn up tomorrow, just tell them you'll leave the keys IN IT and that it'll be there if and when they want to come and get it.
#17
Penny Saver
Crikey this sounds awful. Forget about the V5, they will have forgotten it already, and if they intend to scrap it they won't need it anyway (I think). Don't offer it, just chuck the keys out the door, saying you're busy bathing kids or something, and tell them to just take it. Better still, if they don't turn up tomorrow, just tell them you'll leave the keys IN IT and that it'll be there if and when they want to come and get it.


Would be a very nice idea but I'd like my money first :whistling:

I will be taking any car I buy from now to my local garage to be checked over.

I really will miss my Mini when it's gone, atleast they have great customer service. It's just a shame they aren't 5 door cars :thumbsup:
1 Like #18
xsazzyjayx
Would be a very nice idea but I'd like my money first :whistling:

I will be taking any car I buy from now to my local garage to be checked over.

I really will miss my Mini when it's gone, atleast they have great customer service. It's just a shame they aren't 5 door cars :thumbsup:


I feel your pain. I'm letting my 5door punto go today, having upgraded to a monstrously huge and hungry 7 seater galaxy. I've three kids under three so they all need car seats (We simply couldn't get all three in the back of anything else!)- I could get them all in the punto, but it meant hubby sitting in the back, in the middle! We've struggled on for long enough now, but I will miss that car. 50mpg, compared to my new car getting in the region of 20mpg. SUCKS!!! On the other hand, it's a proper family car, so we don't get funny looks when we all try to squeeze into the punto. And it's a lot comfier... and not as hard to park as I had thought! Only hubby thinks it's a truck and drives it as such... will have words.

x
banned 1 Like #19
Why did you even pay the remainder of the balance, when they added no warranty.
Any car from what I recall 2nd hand or not, has 2-3months warranty by law..
#20
Penny Saver
I feel your pain. I'm letting my 5door punto go today, having upgraded to a monstrously huge and hungry 7 seater galaxy. I've three kids under three so they all need car seats (We simply couldn't get all three in the back of anything else!)- I could get them all in the punto, but it meant hubby sitting in the back, in the middle! We've struggled on for long enough now, but I will miss that car. 50mpg, compared to my new car getting in the region of 20mpg. SUCKS!!! On the other hand, it's a proper family car, so we don't get funny looks when we all try to squeeze into the punto. And it's a lot comfier... and not as hard to park as I had thought! Only hubby thinks it's a truck and drives it as such... will have words.

x


Kiddies do come first though :)

Hamm
Why did you even pay the remainder of the balance, when they added no warranty.
Any car from what I recall 2nd hand or not, has 2-3months warranty by law..


It was added after my husband had signed & paid! But can't prove it :thumbsup:

11.40 almost and he's not here!! Rang a hour ago and asked if I was in Newton le Willows or something....Not sure how you get that from my postcode!!! A good couple of hundred miles away!!!
#21
Hubby just rang....they've not left, not bothered to give a courtesy call, nothing, waiting for the other guy to come in apparently!
1 Like #22
'Name and Shame' this garage so others dont have similar problems. Also go to your local paper, they love stuff like this.
#23
darcyleverfc
'Name and Shame' this garage so others dont have similar problems. Also go to your local paper, they love stuff like this.


Wouldn't the post just be removed from here if I did Name & Shame? :whistling:
1 Like #24
how did you get on? did they arrive?
It wouldnt suprise me if they used that temporary head gasket glue type thing that seals it to get you safetly to somewhere to fix it. So it appears great when you test drive but wears away pretty quick!
1 Like #25
garbage456
v5 usually takes about 10 days at most after its been sent

thats with 4 cars i sold/bought last year


Received in yesterdays post, I was pretty relieved!

beth3735
how did you get on? did they arrive?
It wouldnt suprise me if they used that temporary head gasket glue type thing that seals it to get you safetly to somewhere to fix it. So it appears great when you test drive but wears away pretty quick!


Finally arrived at 3.45pm!! I am so glad to see the back of these people, they are REALLY unpleasant!!! I really wish I could name & shame them somewhere for their disgraceful attitude!
#26
xsazzyjayx




Finally arrived at 3.45pm!! I am so glad to see the back of these people, they are REALLY unpleasant!!! I really wish I could name & shame them somewhere for their disgraceful attitude!


Why not on here?

I often name and shame companies that give bad service on here, you are telling the truth, nothing to fear.
banned#27
It's yet another similar thread to the millions of others on the misc board. Yes the garage sound like a bunch of nobs, yes you are entitled to your money back, and i hope you get it, but why on earth did you not question the addition to the sales invoice?

I'd have still been hearing alarm bells as I was legging it from the dealership. Clearly they were up to no good, and I would have called it all off there and then personally.

Like I said, I hope you get your cash back but i can't believe how gullible some people are on here.
#28
Inactive
Why not on here?

I often name and shame companies that give bad service on here, you are telling the truth, nothing to fear.


I thought HUKD removed anything that could cause legal issues?

vibeone
It's yet another similar thread to the millions of others on the misc board. Yes the garage sound like a bunch of nobs, yes you are entitled to your money back, and i hope you get it, but why on earth did you not question the addition to the sales invoice?

I'd have still been hearing alarm bells as I was legging it from the dealership. Clearly they were up to no good, and I would have called it all off there and then personally.

Like I said, I hope you get your cash back but i can't believe how gullible some people are on here.


I only saw the invoice once we were home!!! I dropped him off to collect the car on the saturday - he's not the brightest of people in common sense stakes at the best of times :thumbsup:

Lesson WELL & TRULY learned trust me :thumbsup:

It's not the fact I'm gullible AT ALL. Atleast I knew my rights afterwards, or else I would have just left it when they fobbed me off!

I got the cash, upped the budget & bought from a more reputable place who've given a warranty :)

But, lesson really has been well & truly learned!!
#29
xsazzyjayx
I thought HUKD removed anything that could cause legal issues?



I only saw the invoice once we were home!!! I dropped him off to collect the car on the saturday - he's not the brightest of people in common sense stakes at the best of times :thumbsup:

Lesson WELL & TRULY learned trust me :thumbsup:

It's not the fact I'm gullible AT ALL. Atleast I knew my rights afterwards, or else I would have just left it when they fobbed me off!

I got the cash, upped the budget & bought from a more reputable place who've given a warranty :)

But, lesson really has been well & truly learned!!


Good on you. :thumbsup:
1 Like #30
If car is now registered in your name then make sure you sort out the paperwork if they scrap it. We scrapped our old Fiat as part of the scrappage scheme, we were one of the first at the garage we used. 6 months later we are done for not taxing the car that was scrapped. Paperwork had never reached the DVLA from the scrappage company; they were supposed to send it to the garage we got the new car from. We assumed it had all been done roperly but it wasn;t so got a £60 fine.

As for your case, illegal terms cannot be introduced into a contract. No warranty is meaningless really as others have said your are covered by consumer law against the garage.
#31
stewby
If car is now registered in your name then make sure you sort out the paperwork if they scrap it. We scrapped our old Fiat as part of the scrappage scheme, we were one of the first at the garage we used. 6 months later we are done for not taxing the car that was scrapped. Paperwork had never reached the DVLA from the scrappage company; they were supposed to send it to the garage we got the new car from. We assumed it had all been done roperly but it wasn;t so got a £60 fine.

As for your case, illegal terms cannot be introduced into a contract. No warranty is meaningless really as others have said your are covered by consumer law against the garage.


Have spoken to DVLA this morning, sending a letter off with all the details, will send it recorded - just to cover my own back as I do not trust those people in the slightest!!
#32
xsazzyjayx
Have spoken to DVLA this morning, sending a letter off with all the details, will send it recorded - just to cover my own back as I do not trust those people in the slightest!!


You do right not to trust them. My wife sent a letter as they requested and the denied all knowledge of receiving it. Think the fine was one where if you pay straight away it is £60 but then doubles to £120 after not very long; obviously a means to stop people and force panic payments out of people. The DVLA are thieves by anything but name; look at the cost of renewing the photocard driving licence as well.

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