Trader refusing rejection and refund - distance selling
Trader refusing rejection and refund - distance selling
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indigostr

Original Poster:

384 posts

154 months

Friday 4th March 2022
quotequote all
I recently purchased a SEAT Altea from a dealer after trawling autotrader for a few months for a replacement after my daily was written off. This dealer had several SEAT cars among others and had a review rating of 4.7/5 from 28 reviews showing at the time.
All good I think and contact the trader through the contact dealer page. Following the email, correspondence is through WhatsApp and a couple of phonecalls to confirm the cars history and condition to be as the stated advert,supposedly all excellent.
Reading through autotraders guidelines it says do not send money for a car…..
” The only exception would be if you have arranged home delivery from one of our advertising dealers who offer this service.”

Reading this info I bank transferred the agreed price including delivery.
A week later the car is delivered. The delivery driver was part way through unloading when I got outside , I was then distracted by a neighbour complaining about the truck blocking their drive. I’m saying it’ll be moved in a minute when the driver says your spare key and all your documents are on the seat mate so take a look. As I’m trying to do this he’s packed away his ramps and with my neighbour still moaning he shouts I’m off. The cars exterior was almost as described, a couple of door dings which weren’t shown on any pictures but it is 14 years old.
I decide to move the car and straight away it becomes apparent I’ve been had over. It stalls as I try and pull away, after giving it some extra revs to finally get going there’s an obvious problem with the very loud blowing exhaust. I stop and immediately call the driver who answers ,I ask him to come back as I’m rejecting the car. He says I need to speak with the dealer. 10 calls , 5 texts and no reply. Now I realise I’ve been fked. I try their other number but again no reply. I call the driver again who says he can’t return for a car unless the dealer says so. He's not coming back.

Further checks reveal no engine cover and the egr has been removed and blanked off , 2 keys supplied but no working fob, interior of car was filthy and stinks, headlining split by drivers door, gear-lever gait has been removed, radio doesnt work.
It’s at a garage now awaiting a proper inspection , they’ve been struck down by covid , but I know it’s not going to be a cheap fix.

I’ve sent rejection letters also requesting a refund , both 14 day and 30 day , after advice from Citizens Advice under distance selling law. No reply. The car was supposed to have 1 months warranty but I still haven’t received a receipt never mind a warranty form. I’m not even sure if he’s registered me as the new owner , all I have is the new keeper section and of course a shed on wheels.
I’ve sent emails to every autotrader department I could find and the only response has been from the security team which was 'we’ll email your concerns to the dealer and await his reply'. That was 2 weeks ago. I’ve continued to use the contact dealer to reject the car, autotrader are aware of this but have done absolutely 0 to help even though they can see he hasn’t and won’t reply. They won't close his advertising.

In the last 2 weeks I’ve found other customers who have had the misfortune to buy from this trader . We have put together a group sharing our experiences. I think we’re resigned to the fact our money has gone but he needs to be shut down.
Autotrader , trading standards , DVSA, local MP’s and the police have all been contacted regarding the practices of this trader but no action has been taken. I have left reviews on autotrader and they have been removed , I have queried why- I wasn’t allowed to state some of the facts, FFS.
Several members of the group have also had their negative reviews removed even after complaining to feefo but these have been upheld by autotrader@feefo. We have asked why obvious 5* misleading reviews are allowed to stay on the site , again no reply from AT.
I have emailed that I find them complicit in helping this trader rip off the public and if I had read the negative reviews I would have looked elsewhere to purchase. I trusted the autotrader reviews believing these to be the only reviews and as he was a dealer offering a delivery service I thought I would be in safe hands as per their advice pages.
Members of group have been complaining since July last year to autotrader. We are sure there are many more customers in the same situation.

Moderator edit: no naming & shaming


edthefed

825 posts

95 months

Saturday 5th March 2022
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Well Dewsbury is almost a suburb of Bradford......

Canon_Fodder

1,775 posts

91 months

Saturday 5th March 2022
quotequote all
How much did you pay the the car please OP?

Stella Tortoise

3,152 posts

171 months

Saturday 5th March 2022
quotequote all
Canon_Fodder said:
How much did you pay the the car please OP?
Does the price alter his legal rights?

Trooned out

46 posts

54 months

Saturday 5th March 2022
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Stella Tortoise said:
Canon_Fodder said:
How much did you pay the the car please OP?
Does the price alter his legal rights?
It’s because a “suck it up” is coming if the car is low priced..

Canon_Fodder

1,775 posts

91 months

Saturday 5th March 2022
quotequote all
Stella Tortoise said:
Does the price alter his legal rights?
No, they are unaffected by the price.

The reason I ask is a) there may need to be a small claims action and there are limits on the amount that can be claimed via that route and b), as suggested above, the OP may wish to have the car repaired elsewhere and move on if they judge that the chances of legal action against this disreputable sounding trader are slim-to-non

MDL111

8,772 posts

205 months

Saturday 5th March 2022
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Can’t help you, but very sorry to hear that. I purchase all my cars without looking at them and so far have been lucky, but I suspect my luck will run out eventually

Good luck getting this sorted

indigostr

Original Poster:

384 posts

154 months

Saturday 5th March 2022
quotequote all
I paid £2800 which was the average price for this car. I was swung by the autotrader reviews of the dealer. The car has under average mileage and a decent mot history. I just didn’t get the car that was advertised. I thought I’d done my homework on the dealer as I’m 5 hours away. Since found out he swaps between trading names. Like the previous poster I’ve been lucky up to now on distance buying whether I’ve collected or had delivered.
I’ve posted some details but I’m not allowed to name and shame. I was trying to make potential customers aware as ,so far , I’m part of a group of 6 who have been scammed since last July. Autotrader have received complaints about his activities but to date are still allowing him to advertise. We won’t get our money back, we are all resigned to that.He refuses to communicate once he’s had your money.

Trooned out

46 posts

54 months

Sunday 6th March 2022
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Is selling your “debt” a thing ?

Ie some company of powerfully built chaps buy your debt for say 50% and then attempt to get the full amount back from the dealer ?

Or have i watched to many TV movies lol.

Puppisadeer

95 posts

59 months

Sunday 6th March 2022
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Any reason why you haven’t engaged a solicitor?

Macneil

1,094 posts

108 months

Sunday 6th March 2022
quotequote all
Puppisadeer said:
Any reason why you haven’t engaged a solicitor?
Yep 90% of what you've typed is irrelevant, stop wasting time and go legal. But don't pay in advance.

Canon_Fodder

1,775 posts

91 months

Sunday 6th March 2022
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OP said:
It’s at a garage now awaiting a proper inspection
I suggest the OP waits for the actual report before engaging m'learned friends - and even then bear in mind that the dealer appears to be a Phoenix specialist and the £2400 outlay may get eaten up in legal and bailiff fees.





anonymous-user

82 months

Sunday 6th March 2022
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Legal fees? Solicitors? On the surface this is a straightforward money claim online situation so no need for any of that. Couple of hundred quid in court fees.

However, even if the OP wins getting the money is likely well nigh impossible from someone who operates in the way they describe.

One to chalk up to experience and move on most likely, unfortunately. If there is something serious wrong with the car then you could get it fixed and try going after them for the costs.

indigostr

Original Poster:

384 posts

154 months

Sunday 6th March 2022
quotequote all
charltjr said:
One to chalk up to experience and move on most likely, unfortunately. If there is something serious wrong with the car then you could get it fixed and try going after them for the costs.
I’ve had 2 posts edited/ removed due to rule breaking.

The above quote sums it up.
Aware of the money claim option. We have a legal assistant in the group. She has gone this route but no response as yet. Even if she gets awarded they’ll ignore , name change and carry on.
Not sure why admin won’t let us name and shame as I see plenty of posts of traders adverts with examples when ‘what car should I buy’. Yet I can’t give advice of what not to buy.
Autotrader are still letting them advertise after numerous complaints with evidence. It’s a blame circle - you need to contact blah blah blah before we can take action. Why not suspend while investigating. More bks and more unsuspecting customers.

Monkeylegend

28,983 posts

259 months

Monday 7th March 2022
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indigostr said:
Why not suspend while investigating. More bks and more unsuspecting customers.
Anyone with a grudge or maybe a competitor could make things up which are not true.

If it was your business how would you feel if you had done nothing wrong but were suspended from advertising because somebody else had made up some untruths about you.

anonymous-user

82 months

Monday 7th March 2022
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indigostr said:
I’ve had 2 posts edited/ removed due to rule breaking.

Not sure why admin won’t let us name and shame as I see plenty of posts of traders adverts with examples when ‘what car should I buy’. Yet I can’t give advice of what not to buy.
Frustrating, I know, but rule 5. I’m in the same boat with some builders who I’d dearly love to see pop up in a Google search so that others can be warned of their standards.

https://www.pistonheads.com/rules-of-posting

vikingaero

13,031 posts

197 months

Monday 7th March 2022
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I can understand someone purchasing a car sight unseen from Carzoo, Carzam etc where cars are mostly nearly news. But to purchase an older car from an independent is madness.

I do feel sorry for the OP, can you not get a garage to look at it and possibly swallow the cost? The only other option could be Trading Standards in the area where the dealer trades from, but bear in mind that many TS Departments have been reduced or no longer exist.

Muzzer79

12,919 posts

215 months

Monday 7th March 2022
quotequote all
indigostr said:
Not sure why admin won’t let us name and shame as I see plenty of posts of traders adverts with examples when ‘what car should I buy’. Yet I can’t give advice of what not to buy.
Because we only get your side of the story, not a balanced viewpoint.

It sucks when you've been wronged, but it's a necessary rule.

bigandclever

14,325 posts

266 months

Monday 7th March 2022
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Nothing stopping anyone looking at the google cache to get the name(s) if they wished.