In need of some advice (Return of car to dealer).

[Metz_86]

Hi there,

Please could I get some advice on my situation below...

• I purchased a car at the end of March.
• After returning home with the car (all seeming well), I did not drive it for around 3-4 days.
• When I came to start it up a few days later, it was making a rattling sound and I could smell oil burning under heavy acceleration.

• I took it to a local specialist and was given a list of issues, worst being noticeable timing chain wear and possible piston ring issues causing the oil smell, along with it being 3L low on oil.
• With this information to hand, I went back to the dealer and they agreed to take the car back (after some back and forth conversations).

• A week or so later I dropped the car back to the dealer on Saturday and was told they would transfer my money back on Monday, once some other sales cleared.
• 5 days have passed since giving the car back and I am still waiting for my refund.

Aside from pestering the dealer with calls, texts and emails is there any way to get my money back sooner.
I have email confirmation from the dealer that they have accepted the return etc but most importantly I need my money back.

I feel like buying some wheel clamps and clamping their stock but I know that I would probably come off worse from doing that.


Is there a correct process to follow?

Thank you

[Gary C]

First off

What do you have in writing ?

[Metz_86]

Gary C said:

First off

What do you have in writing ?

I have an email with the following lines:

I can confirm I have received the {car details} from you since you are returning it due to you not being happy.
As discussed I have a cash flow problem and am waiting on the sale of another vehicle to pay you back.
I will get this to you as soon as it hits my account.

I then had a text today to say the money of the other car sale should clear today and I will get an update in the afternoon... but no update came.

[jaydeeuk1]

Who's the dealer? Is it some Ltd Co run by a distant cousin of the 'boss' incorporated 3 months ago or a slightly more reputable dealer who has been trading there for years with genuine cash flow issues?

[Metz_86]

jaydeeuk1 said:

Who's the dealer? Is it some Ltd Co run by a distant cousin of the 'boss' incorporated 3 months ago or a slightly more reputable dealer who has been trading there for years with genuine cash flow issues?

It's a LTD setup in 2016 with just the one director registered (person I am dealing with).
They have some high value stock in their forecourt / listed online but I guess high value cars do not sell fast hence the 'cash flow issue'.

I do not want to name and shame the dealer yet, as in the grand scheme of things it's still early stages.
The dealer is apologetic and says they will get my money to me but days are turning into weeks and now a month... Hence I am becoming more concerned

[jaydeeuk1]

Have you checked on companies House if he has setup any other LTD companies recently? Or use their address on Google and see if other companies exist at same address.

Could be looking to shift stock over before (legally) shutting it down, and not so legally, but difficult to prove, relaunching with new company and new director (if they're smart). At worst does he have any decent stock at similar price you could trade in to and then flog to minimise losses? You really don't want to be doing that but if it's some asset with a value or fook all...

Get on him constantly, stand outside his dealership if you have to. If were talking weeks now he probably thinks you're not going to push him

[QJumper]

How did you pay? If you paid by credit card, either the whole amount or deposit, then as I understand it the credit card company are jointly liable.

[Metz_86]

jaydeeuk1 said:

Have you checked on companies House if he has setup any other LTD companies recently? Or use their address on Google and see if other companies exist at same address.

Could be looking to shift stock over before (legally) shutting it down, and not so legally, but difficult to prove, relaunching with new company and new director (if they're smart). At worst does he have any decent stock at similar price you could trade in to and then flog to minimise losses? You really don't want to be doing that but if it's some asset with a value or fook all...

Get on him constantly, stand outside his dealership if you have to. If were talking weeks now he probably thinks you're not going to push him

As far as I can tell he only has the one LTD under his name but that’s not to say he’s registered companies with parts of his name…
As in this LTD is first name, 2 middle names and surname
So he could have another in just first name, surname etc.

It’s a 200mile round trip for me, so I think he’s probably using that distance to his advantage otherwise I would be there every day requesting for my payment.

[Metz_86]

QJumper said:

How did you pay? If you paid by credit card, either the whole amount or deposit, then as I understand it the credit card company are jointly liable.

Between me and the dealer it was a ‘cash’ purchase.

I did take out a personal finance loan to fund the purchase from my side.

So to add salt in the wound, the first repayment has come out my account for a car I have only driver 4-6 times in a month.

[porterpainter]

200miles or not, you need to go there asap and get your money or the car.

[stuthemong]

Very risky situation

If the money was a lot to you I’d be thinking about taking another car from him as collateral until he sells something else, either that or I’d start small claims. Waiting and waiting adds to your risk.

If he’s serious and straight up, It’s fair enough giving you one of the nicer cars as collateral IMO - that or small claims. His decision.

[Canon_Fodder]

Oh dear, that's a tough situation OP...

Don't clamp his stock or name & shame!

I'm not sure I see the point of going to see him - you're hardly going to march him to the bank...

Polite but persistent is the way I think although the holiday weekend doesn't make it any easier as that's a great excuse for him to delay further

Fingers crossed for you!

[Metz_86]

stuthe said:

Very risky situation

If the money was a lot to you I’d be thinking about taking another car from him as collateral until he sells something else, either that or I’d start small claims. Waiting and waiting adds to your risk.

If he’s serious and straight up, It’s fair enough giving you one of the nicer cars as collateral IMO - that or small claims. His decision.

Looking briefly online, small claims is only up to £10,000 the car was closer to £25,000.

[stuthemong]

At this level I’d be seeking legal advice.

It’s £25k and if the garage owner is giving you the run around for a month and making zero payments to you and claiming cash flow problems, you’re almost certainly not his only problem / person he owes money too.

It could be legit and you are a 1-off - if this is the case, I’d expect him to understand from your situation and offer to bridge your gap or give you some form of security or anything, something.

You clearly have cause to be concerned, what is his plan here?

I’d speak to a lawyer and then I’d go over there. Yes it’s 200 miles, but for £25k, that’s (likely) more than a weeks earning for you, so it’s worth being a bit pushy now.

If he really wanted to pay you back, he’d mark down some of his more expensive stock, sell it quickly, and pay you. You have to work out how to be polite but firm here.

IMO in these situations it’s cash or collateral. Possession is 9/10 and you don’t know how much finance he’s got on the rest of his stock - 500k of metal may only owe him a fraction of that In Dow payments - it’ll be financed or SoR - if he owned the stock he can take a loan against it to pay you back. Basically, be careful and act.

Do not be passive here. You may find yourself out the cash staring at a liquidated company / phoenix. You need to get in front of others he owes money too and get in his face that your escalating and will not go away so he HAS to deal with you in near term and not string you out whilst he tries to salvage things.

Edited by stuthe on Saturday 30th April 09:28

[Metz_86]

Thank you for all the information, at this point I will need to go to Trading Standards and seek legal advice...

I have had another weekend of 'It will be with you by the end of the day' and then nothing.

I have not had to instruct the services of a lawyer before, where do I even start?
I presume there will be certain firms that specialise in consumer law?

I submitted an online form to trading standards today but that has a 5 day response time.

[Trevor555]

Metz_86 said:

Thank you for all the information, at this point I will need to go to Trading Standards and seek legal advice...

I have had another weekend of 'It will be with you by the end of the day' and then nothing.

I have not had to instruct the services of a lawyer before, where do I even start?
I presume there will be certain firms that specialise in consumer law?

I submitted an online form to trading standards today but that has a 5 day response time.

Let us know what TS say but the dealer has agreed to refund you so won't they now just say it's a debt?

So any local lawyer could recover a debt?

[QJumper]

Metz_86 said:

I have not had to instruct the services of a lawyer before, where do I even start?
I presume there will be certain firms that specialise in consumer law?

Worth checking if either your car or home insurance has legal cover, as they may be able to help.

[Metz_86]

QJumper said:

Worth checking if either your car or home insurance has legal cover, as they may be able to help.

I usually opt in for legal cover.
Just assumed that it was only for things like being hit by an uninsured driver and not these sorts of headaches.

I will check in the morning.

[QJumper]

A summary of legal cover on confused.com's site says:

"Similarly, you could find yourself involved in a dispute when it comes to buying, selling or repairing a car. If one of these scenarios goes to court, you’ll be covered for fees via legal expenses insurance."

I know mine covers for this, so definitely worth giving them a call.