Dealer has changed ownership and are now refusing to help
Dealer has changed ownership and are now refusing to help
Author
Discussion

pops and bangs

Original Poster:

674 posts

183 months

Saturday 10th August 2019
quotequote all
I’m in need of some advice.

I purchased a vehicle “blind” from a main dealer as they were more than 2 hours away. I was given a video and based on the condition and work agreed I decided to proceed with the purchase.

Upon collection it had issues which I was not made aware of before purchase which I highlighted immediately, and they also did not carry out the work we had agreed and they promised to do before purchase.

Unfortunately the dealership is now under new ownership and I am now being told that doing anything to resolve the issues is outside of their remit, and as they did not sell me the car they are not obligated to resolve these issues.

The previous owners (a large dealership group still in operation) refuse to help as they no longer own the dealer in question.

Legally where do I stand? And what are the new owners responsibilities if any at all?

To give an understanding of time frames, I purchased the vehicle at the beginning of July, and ownership changed during the middle of July.

The biggest frustration is that it’s still all the same staff, I.e sales manager, sales executive, after sales manager etc.

I’d love to be able to reject the vehicle but the finance paid in the previous franchise owners account, so how could a reversal work?

Any input is appreciated.



Edited by pops and bangs on Saturday 10th August 19:19

Eyersey1234

3,064 posts

105 months

Saturday 10th August 2019
quotequote all
Have you considered contacting the ombudsman with neither the old or new owners being any help?

pops and bangs

Original Poster:

674 posts

183 months

Saturday 10th August 2019
quotequote all
Eyersey1234 said:
Have you considered contacting the ombudsman with neither the old or new owners being any help?
I contacted the financial ombudsman last night, what they have advised is to make a complaint against the finance company. They took a statement from myself, read a declaration and have emailed me confirmation.

I did ask the gentlemen I spoke to about what legal responsibility the new dealer owners had in trying to rectify the issues and he said he didn’t know. He said he would pass it on to a different department for them to advise.

I made this thread in the meantime to see if I could get any insight.

My other concern which I didn’t mention yesterday to the ombudsman was the implications of rejecting the vehicle on finance under a new owner.

The slight complication is that it was a hire purchase using a third party lender. Not dealership finance.

Marcellus

7,199 posts

245 months

Saturday 10th August 2019
quotequote all
Might the manufacturer be of assistance?

pops and bangs

Original Poster:

674 posts

183 months

Saturday 10th August 2019
quotequote all
Marcellus said:
Might the manufacturer be of assistance?
I tried that after both franchise groups refused to help.

Sent an email to the UK director, received a response from “the executive office” on their behalf.

Unfortunately all the manufacturer did was contact the dealership to highlight my complaint, once the dealership came back with the same response the manufacturer apologised and said there was nothing more they can do. They claim as it is a franchise their hands are tied.

I’m completely shocked at all of this. Nothing I have done so far has worked. I’m also not confident I’ll get much joy from the finance company as I’m not sure how they would accept rejection when they don’t have anyone to claim the money they paid out.

TooLateForAName

4,920 posts

210 months

Saturday 10th August 2019
quotequote all
When you say that the dealership has changed hands - do you know in what way?

Is it a ltd company which was sold or have they bought the site?

Is there a company number or vat number on your invoice? how do they compare to the current situation?

pops and bangs

Original Poster:

674 posts

183 months

Saturday 10th August 2019
quotequote all
TooLateForAName said:
When you say that the dealership has changed hands - do you know in what way?

Is it a ltd company which was sold or have they bought the site?

Is there a company number or vat number on your invoice? how do they compare to the current situation?
Inchcape PLC owned the dealership at the time of my purchase and have sold it to a smaller franchise group with a handful of dealerships, who aren’t a PLC.

The site and brand is identical.

Edited by pops and bangs on Saturday 10th August 20:01

anonymous-user

80 months

Saturday 10th August 2019
quotequote all
Have you spoken to the finance company about it? I'm guessing they technically own the vehicle.

springfan62

917 posts

102 months

Saturday 10th August 2019
quotequote all
It would appear your contract is with Inchcape.

But to be sure check your paperwork, what was the company name on the invoice. It’s them you should be chasing.


FWIW

3,878 posts

123 months

Saturday 10th August 2019
quotequote all
Too much vino consumed to advise properly, but don’t worry. It’ll be sorted.
At the very least, the finance company is liable.

Chrisgr31

14,242 posts

281 months

Saturday 10th August 2019
quotequote all
You need to find out who actually sold you the vehicle as others have said. What was the name and company number on the invoice. If it is Inchape then they are liable. If on the other hand it is Joe Soap Cars Ltd and it is the company that has been sold then the new owners are liable.

Initforthemoney

743 posts

170 months

Saturday 10th August 2019
quotequote all
Was car is it?

Most main dealer cars come with an AUC warranty that is covered across the dealer network.


And yet again, people still buy cars blind and then complain there is something wrong when they collect it.


There is no mainstream car that cant be bought locally.

KungFuPanda

4,605 posts

196 months

Sunday 11th August 2019
quotequote all
You won’t get any joy from the new owners of the garage. Why would you?

Pegscratch

1,872 posts

134 months

Sunday 11th August 2019
quotequote all
Initforthemoney said:
There is no mainstream car that cant be bought locally.
Unhelpful and incorrect remark. When I was buying me E63 I had to travel. Desirable car, desirable spec so holding dealer had no interest in moving it within group to lose the sale. I had to travel. Pretty unique spec, 200 mile round trips to see it then get it. I made that decision but it could have gone the other way and been a collection only.

OP. Check that your paperwork was with Inchcape then communicate with their head office, informing them that they will be addressing the issues or you will be taking them to court. They can’t sell off dealers to absolve their responsibilities; the only method to do that would be to Phoenix Inchcape (or at least their motoring business in the group). They aren’t doing that for pretty much anything they sell.

Triple7

4,015 posts

263 months

Sunday 11th August 2019
quotequote all
You normally have 30 days/1000mile no quibble return policy. Option?

DB77

217 posts

173 months

Sunday 11th August 2019
quotequote all
KungFuPanda said:
You won’t get any joy from the new owners of the garage. Why would you?
If the new owners bought the business rather than the premeses, stock, etc then they have also acquired its debts and the need to resolve your issue. Is the dealership name still the same - if so, get on their FB /Twitter/ etc and start explaining your situation publically. Their attitude is likely to change quickly.


Chrisgr31

14,242 posts

281 months

Sunday 11th August 2019
quotequote all
DB77 said:
If the new owners bought the business rather than the premeses, stock, etc then they have also acquired its debts and the need to resolve your issue.
Exactly this. If the business has been sold then the new owners of the business are responsible, if Inchape have pulled out or had that franchise removed from them and it is a new business in there then Inchape are liable. Which is why the name on the invoice is so important.

hutchst

3,727 posts

122 months

Sunday 11th August 2019
quotequote all
Both names.

Initforthemoney

743 posts

170 months

Sunday 11th August 2019
quotequote all
Pegscratch said:
Initforthemoney said:
There is no mainstream car that cant be bought locally.
Unhelpful and incorrect remark. When I was buying me E63 I had to travel.
An E63 isn't really a mainstream car.

anothernameitist

1,500 posts

161 months

Sunday 11th August 2019
quotequote all
pops and bangs said:
I’m in need of some advice.

I purchased a vehicle “blind” from a main dealer as they were more than 2 hours away. I was given a video and based on the condition and work agreed I decided to proceed with the purchase.

Upon collection it had issues which I was not made aware of before purchase which I highlighted immediately, and they also did not carry out the work we had agreed and they promised to do before purchase.




Edited by pops and bangs on Saturday 10th August 19:19
I'm sorry to hear your situation but did you accept a car with the "issues" and work not carried out?

Please tell me you didn't, once your car leaves a forecourt there is less leverage.

I'd say your contract is with Inchape, but it depends om the sale of the garage premises as noted above.

Think a solicitors letter to both might get some results.

HTH and good luck