What can I do about a car dealer who's got my car.

[Paul S320CDi]

Well I was supposed to get the first two months with no payments. As it is now I will be making the third payment next week! When I do finally get the car I will write to the finance company suggesting we start over again.

I was told a long time ago by Choice that they will upgrade the warranty to 12 months. I am wondering if this will be the same warranty they already used and if it's worthless now. I don't know if they have a max number of claims as well as a max £ per claim.

 

[gIzzE]

When I do finally get the car I will write to the finance company suggesting we start over again.

It is not the finance companies fault, why should they be out of pocket because the dealer has not passed the car onto you??

You need to claim the interest back from the dealer.
Which will be the agreed apr on £12k for the 4 months.

Plus you want to also get someone to look up in Glasses guide how much an S320cdi with that mileage has lost over the same period.

You need to invoice them for that too.

I would guess interest on £12k over 4 months would be approx. 9% apr?
That is £380.

Glasses for August was putting a 2002 70k mile S320cdi at nearly £500 a month loss, and things have only got worse. I would guess you are looking at your £12k car now being worth around £9000 at best in a private sale.

So all in all I would be looking at compensation of at least £3k or tell them to stick it.

What if you were only planning on keeping the car for 3 months and selling it on?? What if you wanted to sell it on because of the way prices have plummeted in the last 3 months or so??


I was talking to a mate who also has an S320cdi today, he said back in June he was offered £15k for his 2004 60k mile car, sat nav, facelift etc. etc. and he thought they were taking the piss!
He looked at something else on Saturday and asked if they would consider a little better on his trade in, he said the dealer was very embarressed but said they would now only offer £10k!
He told them to forget it then.
He went and had a look round and sure enough, 2004 cars like his that were £19k back in June are being advertised for under £11k!


I really don't think you should be taking this at all, I would do everything to tell them to stick it, they are desperate for you to not refuse it, but seriously thing about it. Get your money back and buy something like this...

http://search.autotrader.co.uk/es-uk/www/cars/MERCEDES-BENZ+S+CLASS/Ne-2-4-5-6-7-8-27-44-49-53-61-64-67-103-133-146-236,N-42-51-144-240-4294967097-4294967262/advert.action?R=200841320850810&distance=98&postcode=NR18+0AB&channel=CARS&make=MERCEDES-BENZ&model=S+CLASS&min_pr=&max_pr=&max_mileage=80000

 

[gIzzE]

One other thing, to cancel the finance is fraud, however if you have not received the goods the fraud is not being committed by you.

 

[Paul S320CDi]

It is not the finance companies fault, why should they be out of pocket because the dealer has not passed the car onto you??

I don't know know the ins and outs of hire purchase, but am I not hiring the car from the finance company? The finance company were told about this 2 months ago and have not helped hurry things up at all.

I will worry about that later.

 

[Smiley]

I don't know know the ins and outs of hire purchase, but am I not hiring the car from the finance company? The finance company were told about this 2 months ago and have not helped hurry things up at all.

I will worry about that later.

Paul, but it is not the finance co's responsibility to "hurry things up". They are there to provide finance. You must have signed something to trigger the deal; fin co sends £12k to car dealer and you start paying finance co. back. Your issue is with the dealer. If you had made a decision a while ago that you were going to cancel the deal then sure you would tell the finance co why and ask them to recover their money from the dealer - you could still do that - but the refund of the two payments would have to come from the dealer - he has had the benefit of the £12k in the meantime not the finance co.

 

[gIzzE]

I will worry about that later.

Hmmm??

To be fair mate, that is half the problem, you should have got your **** into geat and thrown the keys back immediately!

You have not received a product you paid for yet and it has lost around £4k in that time, maybe more, you really want to do everything you can to refuse the vehichle now.

There are facelift cars 2 years newer for £1,000 less than you are asking.

I would talk to the finance company, tell them you still have not received the car and you were told no finance would start until you got the car, which hasn't happened, so you believe they are both guilty of something very serious here.


Get out of this deal now!

 

[andy_k]

as others have said - get out of the deal.

Go and see a solicitor. You have been reasonable and the garage has not delivered the car nor have they fixed any faults that should have been rectified before the hand-over.

They have your money, presumably they have already sold your other car on and you are left payingfor something that is now worth about 60-75% of what it was when you agreed to buy it.

No wonder the dealer doesn't want to reverse the deal

 

[gIzzE]

...... is now worth about 60-75% of what it was when you agreed to buy it.

No wonder the dealer doesn't want to reverse the deal

Exactly, they are desperate for you not to understand your rights here and take it.

 

[Deleted member 6183]

I don't think that there is anyway out of this deal, it all sounds a bit like closing the stable door.....

The car has been bought and returned to fix some faults which has taken longer than anticipated (this is the view that the courts could take)

I really don't see the point is fuelling the fire for Paul by calculating what he may have lost in depreciation over the last few weeks and talk of telling the dealer to 'stick it' is just unhelpful, this might only provoke the dealer into telling Paul to 'stick it'. While the finance company may have some responsibility they will only intervene when they feel that every other avenue has been exhausted.

I mean no offence to anyone here but please think before making suggestions which could make the situation worse. Someone in a vulnerable position might possibly take the advice of some bloke on the internet!

On that note, the advice of this bloke on the internet would be to remain firm in your stance, get the car fixed and returned but keep your cool. Maybe you would prefer to buy from a Mercedes dealer next time and enjoy the security of their 1 year approved used warranty.

 

[gIzzE]

I'm a retailer and I have to abide by the same rules, the customer has to give me a chance to fix or replace any product within a reasonable time period, if I fail to do that I have to return their money.
It really is that simple, finance or no finance makes no difference. A little more complicated yeah, but no different.

The guy has been fekin' around for 4 months here, and not actually got a solicior involved, it could have cost £200 and saved him £4k and a lot of grief.

Everyone can pussy foot around, but I think he needs someone to bang his head against the wall.
It may not be what he wants to hear, and going in and demanding his money back at this point is not going to be pleasent as no one really like confrontation, but I can promise you this, if you do and you get your money back you will feel a hell of a lot better for it!

 

[Beetnik]

^^ What he says ^^

 

[nick mercedes]

Get out of this deal now!

The deal was done months ago, it's too late now.

 

[andy_k]

I mean no offence to anyone here but please think before making suggestions which could make the situation worse.

I'm not sure how the situation could be made much worse...

Paul has bought a car he still doesn't have 4 months down the line

His own car has been taken in part exchange

The finance company and the garage are both messinghim around and from what we know neither seems to be acting in his best interest

I think at some point you have to take a long hard look at this and decide if the same car (even with all it's faults fixed) were offered to you today would you buy it at that price?

The dealer has had plenty of time to rectify faults and has failed therefore Paul must have the right to reject the car and start claiming compensation from all involved

A couple of hundred quid to a solicitor (which I suggested) is far better than all the information from a "bloke on the internet" and whereas I appreciate your opinion and your right to tell Paul to disregard some of the information on this thread which you think is unhelpful at the end of the day you are just "a bloke on the internet" who you've already told us not to listen to

 

[gIzzE]

The deal was done months ago, it's too late now.

Everyone has statutory rights when buying a car, these righst have been abused by this trader, it is as simple as that!

Buying from a trader
The Sale of Goods Act 1979 (as amended) provides you with statutory rights when you buy from a trader.

Basically the car should:
Be fit for purpose.
In other words be suitable for the purpose for which it’s commonly sold. If you make it clear to the trader that you require the car for a particular purpose before you agree to buy, then the car should also meet that requirement (e.g. that you want to tow a caravan with the car).

Be of a satisfactory quality.
Factors such as the age and mileage of the car should be taken into consideration when assessing whether the car is of satisfactory quality. However if the car has defects which were brought to your attention before you bought it, or if it had defects that should have been noticed during an examination (and you carried out an examination) then these will
be excluded.
If you buy a car and discover that it does not meet with these standards then the seller is responsible for putting things right. Depending on the circumstances the seller may be required to refund your money or to rectify faults – if you would like more advice about this then you may wish to contact Consumer Direct on 08454 04 05 06 or www.consumerdirect.gov.uk

 

[pint6x]

has the garage provided you with a loan car? I know you had that smelly old Rover 75 which ran out of tax, but have they lent you anything currently? if not, they bloody well should have done.

 

[nick mercedes]

Everyone has statutory rights when buying a car, these righst have been abused by this trader, it is as simple as that!

"However if the car has defects which were brought to your attention before you bought it, or if it had defects that should have been noticed during an examination (and you carried out an examination) then these will
be excluded."

"While viewing the car on the forecourt I noticed a problem with the vehicle.
The central locking did not operate from the key fob.
Never the less I arranged for test drive of the vehicle.
As soon as the vehicle was started it seemed that the parking sensors
also had a fault."

Chances of being able to just walk away from the car = 0.

Having said that it's just had 2 grands worth of work, so although it's been a bit of a pain, it's had a load of stuff done that it may have needed in the future.

 

[gIzzE]

"However if the car has defects which were brought to your attention before you bought it, or if it had defects that should have been noticed during an examination (and you carried out an examination) then these will
be excluded."

"While viewing the car on the forecourt I noticed a problem with the vehicle.
The central locking did not operate from the key fob.
Never the less I arranged for test drive of the vehicle.
As soon as the vehicle was started it seemed that the parking sensors
also had a fault."

Yeah that is right, and he gave them the opportunity to repair it within a reasonable time, which has not been done.

 

[nick mercedes]

Yeah that is right, and he gave them the opportunity to repair it within a reasonable time, which has not been done.

But then they'll argue that more problems came to light and that repairs thus took longer than expected.

The moral here is if you look at a car on some sales pitch and it's got issues, walk away.

 

[gIzzE]

The moral here is if you look at a car on some sales pitch and it's got issues, walk away.

Agreed.

Although I have had this before, last year with a 530i.

Bought it and on the way home got a few problems, back end knocking (air suspension was shagged), nav/radio sound kept cutting out (needed new unit) and the wheels were buckled.

I gave him two weeks to sort it out.

But he couldn't do it in time as he wanted to source used parts as the repairs were £5k+ and the car was only £10k.

I took it back and got my money back, I really did think he just thought I would hold on when I said he had two weeks.
He even offered to knock £3500 off the car and for me to source the parts, but we went round to his Natwest and got my money back.

I was very fair to him, but also adamant that I wanted my money back, made me feel awful at the time as the guy was genuine, just been caught out, but that is the name of the game.

I have just had 4200 pairs of boots returned on me because they don't fit people properly, or actually really hard to get on. These cost me £24 a pair, and they were sold on for £36 a pair. So at the moment we are out of pocket just over £100k, this will probably wipe out all our profits for the whole year unless we can move them on, probably go out at £12-15 a pair so still a £50k hit!
But that is the name of the game, we have been caught out big time, but we can take it on the chin or we can tell the customer to F Off and stop moaning. To me there is only one option.

 

[Dryce]

"H
Chances of being able to just walk away from the car = 0.

If you accept the car having had the faults pointed out then yes.

If you accept the car on the basis that the faults pointed out will be fixed than that is a different matter.