Used car dealer terms..... legal?
Used car dealer terms..... legal?
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Discussion

Josho

Original Poster:

748 posts

126 months

Thursday 17th December 2020
quotequote all
My dad went and bought a car without me knowing.

Its a 133k 2008 Touran Auto.

On his way home the DPF EML and Glowplug lights came on.

I run a garage and I'm not an idiot. I smelt a rat.


Anyway I've had a brief look and the turbo is shot for starters and all the DPF data and values have been reset within the last 100 miles.


Spoke to dealer and he said "how good of a garage are you as we would supply a turbo cartridge".

Instantly got my back up, they suggest he has been quoted 250 to repair it.

He clearly knew about the issues as he said he'd have a word with the mechanic about why the DPF light is back on.


Anyway I've just told my dad to back the car as its an overpriced heap.

He has produced this.

Why on earth he signed anything of the sort I will never know but I want the car back and gone and no cost to him.

Just double checking I am within my rights to do this?



Mod edit of image to prevent N&S

PrinceRupert

11,631 posts

114 months

Thursday 17th December 2020
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It's unenforceable, cannot contract out of the Consumer Rights Act 2015.

Lonely

1,099 posts

197 months

Thursday 17th December 2020
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320d is all you need

2,114 posts

72 months

Thursday 17th December 2020
quotequote all
CRA still in play.

I wouldn't be signing anything like that unless I had got the car very cheaply and specifically explained to the dealer I wouldn't ever be coming back with the car.

To be honest for sub 10k cars especially sub 5k cars no reason to go to dealer etc. Buy a cared for private ownership car.

Josho

Original Poster:

748 posts

126 months

Thursday 17th December 2020
quotequote all
320d is all you need said:
CRA still in play.

I wouldn't be signing anything like that unless I had got the car very cheaply and specifically explained to the dealer I wouldn't ever be coming back with the car.

To be honest for sub 10k cars especially sub 5k cars no reason to go to dealer etc. Buy a cared for private ownership car.

anonymous-user

83 months

Thursday 17th December 2020
quotequote all
Those terms are super mega hyper bigly unenforceable. The worst I've seen for ages! Not only an attempt to evade consumer rights legislation, but also an attempt to impose a penalty. Was the dealer wearing a ten gallon hat? I am afraid that the dealer saw your dad coming (2800 for a knackered old VW!). Hang tough.

Maybe incidentally beef about the terms to the local Trading Standards office, although they aren't always very effective.

Josho

Original Poster:

748 posts

126 months

Thursday 17th December 2020
quotequote all
Cheers guys

320d is all you need said:
CRA still in play.

I wouldn't be signing anything like that unless I had got the car very cheaply and specifically explained to the dealer I wouldn't ever be coming back with the car.

To be honest for sub 10k cars especially sub 5k cars no reason to go to dealer etc. Buy a cared for private ownership car.
All day long. Cannot understand why you would pay a dealer privilege for a cheapy car that's toward the end of its life anyway.

I'd let it go a bit more if I didn't know for a fact they knew before sale. That bit winds me up.

I'd have even come to an agreement for them to pay for a decent turbo and I'd fit FOC (just to help my dad out) but not now.

If I fit a cartridge they supply and then it lasts a month they will just wash their hands of it.

Cars a dog anyway.

un1corn

2,143 posts

166 months

Friday 18th December 2020
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You own a garage and your dad didn't come to you for some advice first?

Go and chin him.

anonymous-user

83 months

Friday 18th December 2020
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The OP chinning his dad would be a bit harsh this close to Christmas.

anonymous-user

83 months

Friday 18th December 2020
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My late dad sometimes entered into unwise contracts despite having a lawyer for a son. Perhaps it was pride on his part. Here the OP's dad has a son in the car business, but still went off and bought a doggy old banger for too much money from a spiv.

OP, is the plan to return and get a full refund or to get a significant price reduction? Shall I suggest a letter that you dad can send? I do the lawyer bits, you do the car expert bits?

PS: not my gaff, not my rules, but I think that you are supposed to blank out the name and address of the car dealer in the image above.

anonymous-user

83 months

Friday 18th December 2020
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PS: I am not sure that there are any laws or any form of legal system in Romford, but we can check.

BertBert

21,255 posts

240 months

Friday 18th December 2020
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Breadvan72 said:
PS: I am not sure that there are any laws or any form of legal system in Romford, but we can check.
I once bought a Defender from a dealer in that area that lead me to conclude that there definitely aren't/isn't.

anonymous-user

83 months

Friday 18th December 2020
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I was told to bring shiny objects in case I needed to barter with the natives.

Rozzers

3,056 posts

104 months

Friday 18th December 2020
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If a dealer wants to have terms like that he should really be running a breakers yard and declaring the vehicles as for spares or repair, not resetting codes and writing bullst invoices.

Jasandjules

72,588 posts

258 months

Friday 18th December 2020
quotequote all
Those terms would be highly enforceable in the Freeman of the Land Court .

However, in any court where you actually lodged a claim and had real judges etc it would not hold water........

The Mad Monk

11,464 posts

146 months

Friday 18th December 2020
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Jasandjules said:
Those terms would be highly enforceable in the Freeman of the Land Court .

However, in any court where you actually lodged a claim and had real judges etc it would not hold water........
I am sure that you are quite right.

However, would it not be a helpful indicator that one should take one's business elsewhere?

catman

2,504 posts

204 months

Friday 18th December 2020
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The Mad Monk said:
Jasandjules said:
Those terms would be highly enforceable in the Freeman of the Land Court .

However, in any court where you actually lodged a claim and had real judges etc it would not hold water........
I am sure that you are quite right.

However, would it not be a helpful indicator that one should take one's business elsewhere?
Indeed. The law may be on your side, but getting your money back from a Dealer who is prepared to write a completely illegal contract so blatantly is another matter.

Jasandjules

72,588 posts

258 months

Friday 18th December 2020
quotequote all
The Mad Monk said:
However, would it not be a helpful indicator that one should take one's business elsewhere?
Yes indeed, upon sight of such a term it would normally be sensible to walk away. However perhaps at that point the OP's father had become enamored with the car or perhaps could not be bothered to look elsewhere.. It happens...... But either way, the bottom line is if he has little choice but to issue a claim against the car dealer, the terms in that agreement would not be enforced and in my view would go quite against the car dealer.

Andeh1

7,597 posts

235 months

Friday 18th December 2020
quotequote all
Breadvan72 said:
OP, is the plan to return and get a full refund or to get a significant price reduction? Shall I suggest a letter that you dad can send? I do the lawyer bits, you do the car expert bits?

.
That is very good of you! smile

anonymous-user

83 months

Friday 18th December 2020
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Got to use up all the old crayons before Santa delivers the new ones!