Car dealer defrauding me possibly, redress routes?
Discussion
So, I am concerned that my latest car buying foray is beginning to feel like I am being defrauded.
Hopefully not the ultimate outcome, but I am interested in potential redress routes / legal action views.
So background.....
Decided to go the auction route for my next, sub 3 year old purchase (so under OEM warranty). Came across a few car buying / agent options and went with an apparently reputable one.
Loads of positive reviews (if some quirks about delays in delivery), FCA regulated (financial products, loans), clean accounts etc etc. I would like to think I am no (financial/business) mug, so felt I went in having done my homework.
So, deposited my cash with them (normal practice for bidding agents buying at auction for you), found the car I wanted on BCA and the buyer acquired it for me. Good price so all happy. Some deposited cash left over.
That was almost 4 weeks ago. Numerous delivery dates not met, cash balance not refunded. Regular dialogue but just a steam of promises that are not met.
I have been polite but firm, so all still cordial, however I am now at the point of escalation.
Many routes / combination to do this in my mind:
Lawyers / court (it’s over £10K so not small claims)
FCA
Financial crime / police (not sure how much traction I would get, but may try money laundering flag)
Motor ombudsmen
Speak direct with BCA
Speak to my bank to flag to their bank
Public review / name and shame
Other thoughts / opinions on options appreciated. Naturally not after views on whether going this route in the first place was sensible....I am annoyed enough that I am even having to type this.
Thanks in advance
Hopefully not the ultimate outcome, but I am interested in potential redress routes / legal action views.
So background.....
Decided to go the auction route for my next, sub 3 year old purchase (so under OEM warranty). Came across a few car buying / agent options and went with an apparently reputable one.
Loads of positive reviews (if some quirks about delays in delivery), FCA regulated (financial products, loans), clean accounts etc etc. I would like to think I am no (financial/business) mug, so felt I went in having done my homework.
So, deposited my cash with them (normal practice for bidding agents buying at auction for you), found the car I wanted on BCA and the buyer acquired it for me. Good price so all happy. Some deposited cash left over.
That was almost 4 weeks ago. Numerous delivery dates not met, cash balance not refunded. Regular dialogue but just a steam of promises that are not met.
I have been polite but firm, so all still cordial, however I am now at the point of escalation.
Many routes / combination to do this in my mind:
Lawyers / court (it’s over £10K so not small claims)
FCA
Financial crime / police (not sure how much traction I would get, but may try money laundering flag)
Motor ombudsmen
Speak direct with BCA
Speak to my bank to flag to their bank
Public review / name and shame
Other thoughts / opinions on options appreciated. Naturally not after views on whether going this route in the first place was sensible....I am annoyed enough that I am even having to type this.
Thanks in advance
av185 said:
Did you agree a fee in writing?
Sounds like they think the amount you gave them was inclusive of their fee.
Yes, everything in writing. Contracts. Cash receipts. All follow on coms of substance by email (we obviously speak, but I follow up in writing each time). He also confirms planned delivery and deposit balance refund payment by email.Sounds like they think the amount you gave them was inclusive of their fee.
All sounds fine, but no action and streams of excuses.
No dispute over their fee.
Do you know how much the final cost is including auction fees, delivery, broker fees, etc.? Do you have a final invoice for example?
How long after the end of the auction does their T&C's state that the car will be collected? Are they within the stated time frame?
How long after the auction is completed do BCA require payment and delivery/collection of the car?
Covid is wreaking havoc with these sorts of things, with some auction houses stipulating delivery only, click and collect etc. The broker will need to collect the car, carry out an inspection and deal with any issues arising before delivering to you the customer.
Best to line your ducks in a row before panicking. If they've won the auction they'll have to pay for it somehow, so they'll either sell it on at a profit and pay you the difference as a refund, or they'll deliver the car to you.
How long after the end of the auction does their T&C's state that the car will be collected? Are they within the stated time frame?
How long after the auction is completed do BCA require payment and delivery/collection of the car?
Covid is wreaking havoc with these sorts of things, with some auction houses stipulating delivery only, click and collect etc. The broker will need to collect the car, carry out an inspection and deal with any issues arising before delivering to you the customer.
Best to line your ducks in a row before panicking. If they've won the auction they'll have to pay for it somehow, so they'll either sell it on at a profit and pay you the difference as a refund, or they'll deliver the car to you.
I'm not an expert on these matters but if I was in this position my first priority would be getting the car into my possession, can you establish if the car has been paid for by the agent?
Have you tried to speak to BCA, they may refuse to give out any information but worth a go to see what they can tell you.
Ultimately for me for the value of the car I think I would be giving serious consideration to going to the auction and collecting myself if that can be facilitated for my own piece of mind.
Have you tried to speak to BCA, they may refuse to give out any information but worth a go to see what they can tell you.
Ultimately for me for the value of the car I think I would be giving serious consideration to going to the auction and collecting myself if that can be facilitated for my own piece of mind.
From what you have said there was an agreed delivery date?
I would email them stressing time is of the essence to get the car delivered and that you are putting them on notice that if the car is not delivered within 7 days you want a full refund.
Also ask for pictures of the car as car should have been collected.
Or
Phone them and tell them to stop bulls
tting and stalling and tell you what is really going on?
I would email them stressing time is of the essence to get the car delivered and that you are putting them on notice that if the car is not delivered within 7 days you want a full refund.
Also ask for pictures of the car as car should have been collected.
Or
Phone them and tell them to stop bulls
tting and stalling and tell you what is really going on?vanman1936 said:
Yeah done all the above. Delivery timescale not defined in contract but has been agreed multiple times.
They don’t have physical possession of the car yet. Still at BCA.
Thoughts on redress approach appreciated.
Ask for Zoom call with dealer and BCA, if BCA will not talk to you?They don’t have physical possession of the car yet. Still at BCA.
Thoughts on redress approach appreciated.
Sadly i think dealer has not paid for the car as I cant imagine BCA want to have the car on their premesis with it being sold.
Trading Standards perhaps?
I hope you get it sorted soon as it sounds really messy.
So car was definitely not paid for by the dealer (BCA have since resold it).
So no car, still no cash (despite repeated promises of it being remitted).
I have reported it to action fraud, FCA, my bank (who have contacted his bank) and am about to start legal proceedings.
Any incremental advice / ideas?
Cheers
P
So no car, still no cash (despite repeated promises of it being remitted).
I have reported it to action fraud, FCA, my bank (who have contacted his bank) and am about to start legal proceedings.
Any incremental advice / ideas?
Cheers
P
Rick101 said:
Sounds difficult.
I'd able, i'd go see them in person and retrieve whatever possible.
This sounds quite deliberate and they will string you along for as long as they can.
This.I'd able, i'd go see them in person and retrieve whatever possible.
This sounds quite deliberate and they will string you along for as long as they can.
Even if it's miles away.
They have your £10k.
You don't need to get all aggressive but just you turning up may be the nudge they need to hand over the cash.
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