Schmoogle do we not need to clean gary's other post which was pointed out by magnum pi (vogue) as he clearly mentions the dealer he picked the car from in there.... It doesn't take sherlock homes to link the two together...

I don't think the idea is to cover it up completely, and this is the thread that puts the boot in so to speak. I can't spend too much time chasing references round the forum - I do have lunch to eat  

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and cakes etc...... etc.....  
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Let me clear a few things up, firstly I got part of my money back. They gave me £1400 and kept my certificate for my private plate which cost me £245 so in theory they kept £845 of my money. Lets start from the beginning. I visited the dealer looking for a used RRS HSE they had none in stock but he would look out for me, the dealer rang me and said he had found me a car with 23047 miles on the clock 3 days later, he gave me the links to the website so I could have a look for myself. He said he would need my credit card details to secure the car from down south and have it brought up (a holding fee of £500). I gave him my credit card details. 5 days later the car had arrived and I went to see it. From the outside it looked pretty mint, on the inside the drivers seat was wearing away on the side and the leather fridge box had a scratch on it, also the passenger front seat had a scratch on it about 5 inches long in the middle front. The dash had a mark on it and the carpet was ripped in the boot. Also it looked like it had something spilt on the sat nav the flat part leading up to it and the faschia of it was starting to bubble slightly. And the milage was 25052 (over 2k more) I was supposed to be picking it up that day so I was a bit dissapointed, they told me they would fix everything though. This was on the Friday I left and on the Saturday had a change of mind as I didn't fully believe in the product. I went back to the dealer on the Sunday and asked for my money back as my circumstances had changed as my wife had lost 50% of her hours at work so her salary had significantly changed. The sales man said he would have to speak to his sales manager and he would call me on the Monday. I checked over the weekend to see they hadn't taken £500 form my account but £2000 I was gobsmacked. On the Monday morning the sales manager rang me and told me he was going to keep £879 of my money which I was furious at. I immediately drove to the dealer to speak to the manager. Eventually he asked me to come to his office. We had a chat about the situation but nothing was getting resolved, he asked my how much my wife earned and worked out that losing by losing 50% he didnt think that was that much of a difference to our household income and asked me several times if I would like to buy a car for £6k from the dealership network. He told me under no circumstances would he be able to give me my money back. The best he could do was to let me use it to by a cheaper car from within the dealership network. He kept repeating himself that he had a business to run and it had cost him £879 to bring the car up to Stockport. I could not believe the situation I was in I felt humiliated as he was trying to force me into buying a product I didnt believe in. He said let him think about it for the rest of the day and he would call me back later that afternoon to see what the best he could do, and he would give me a full breakdown of the cost involved to his dealership. I left his office at 11.30am on Monday and awaited his call. His sales manager rang me around 6pm on the Monday saying he would refund £1400 and keep my private plate and the refund will go ahead on the Tuesday, I then chased up the dealership on Tuesday only to be told the sales guy was off until Wednesay. On Friday 19th June I received a letter form the dealership with a copy of the credit card receipt saying they had refunded £1400 and kept my private plate something I had apparently agreed on. Which is not true whatsoever. Also there was no breakdown of costs whatsoever to justify the amount of money they kept of mine. I appreciate it cost the dealership money to bring the car up from London but even if you paid a driver £200 and £50 in diesel that only equates to £250 not £879 they are trying to charge me. And if they sell the car as demand for stock like that on that kind of vehicle is very high, once they sell that car within a certain time period they should give me a full refund.

Quite long I know, but imagine how I feel Living the dream!
Santorini Black RRS HSE V6, hybrid tv, privacy glass, ebony leather with white stitching with leather door cards 20" alloys.

They sound a bit shonky to me Gary. As far as I am concerned, The car was not as advertised, not in described condition and the mileage was wrong, its not 2000 miles from London to Stockport!

I don't live in the UK and I don't konw what your legal redress is. However, next time there is a car in London or anywhare else, go down and see it and buy it on site. The train/plane fare is a lot less than they are taking from your credit card.

In hindsight, your mistake may have been a) letting them have your credit card details and b) they seem to think that you tacitly agreed to buy the car by agreeing for it to be brought to Stockport and c) using a change of circumstances rather than the fact that the car was sub standard to justify your decision to pull out of the deal.

They seem to think that you have broken a (verbal?) contract to buy the car. In fact, they have probably broken their part of the (verbal) contract buy trying to sell you the car with more miles than advertized and in worse condition than you would expect for the mileage, the items you describe seem to be beyond reasonable wear and tear.

I don't understand the bit about your private plate (our system is different). While they may legally be entitled to deduct reasonable costs associated with re patriating the car (I am not sure of this) they must itemize those costs and 800 quid+ doesn't seem reasonable to me.

There are much smarter minds than mine on here who maybe able to help. In the meantime, it is my personal view, based on the nformation supplied, that you have been treated unfairly. I would go and have a quick word wth my solicitor if I were you. Gone - 2008 Stornoway Grey RRS 2.7 TDV6
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absolutely discracful, i would of not been able to control my temper...i would of nutted the guy there and then..... the money...

Hi

Under the distance selling act you should have got a full refund as you didnt see the car b4 you purchased they are only aloud to charge for any delivery costs, it didnt cost them over £800 to have car deliveried,if i was you i would ring consumer direct?? http://www.oft.gov.uk/shared_oft/reports/c...oft689.pdf
have a read of page 12,

Simple... you paid by credit card - call the company brief them honestly and succinctly about the facts and they will fight it for you - you'll get a refund if this is as briefed.....

Done it a few times with disputes myself and advised family and others the same way. 100% success. If it was credit card and not debit and the facts as described then you'll get more back..... I am amazed more people are not aware of this credit card support.... suppliers cannot afford to alienate cc companies and often buckle to their [lawful and reasonable] pressure......

If this does work for you then maybe a few quid to Martin for my 'thoughts'......

Bit of a bummer it was s maestro(switch card) I rang my bank and they didnt want to know Living the dream!
Santorini Black RRS HSE V6, hybrid tv, privacy glass, ebony leather with white stitching with leather door cards 20" alloys.

Ah........ ALWAYS credit card for this protection...... it has protected me from a couple of hundred to £3K in the past.......

Shame you paid with Switch card, Gary.

Either way, I still think the odds are stacked massively in your favour - I can't believe the dealer thinks he can get away with it.

It needs progressing - I hope you're not planning to leave it where it is  

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Gary

2 things, they cannot legaly take this money they are in effect stealing from you.

Speak to to trading standards and citizens advice i would also engage the services of a solicitor and get him to write a letter advising them that you are taking them to the small claims court for refund of the money they have taken, i have been there with a freind against a dealer and the one thing in the judges summing up of the case that we actully won was the attitude that some people in the motor trade think is acceptable when it comes to taking customers money under false pretences.

I do however think that you will not get to court as the dealer will know himself that if the facts are as you explain then he does not have a leg to stand on.

Good luck

cheers lads for all your feedback, i contacted trading standards and even though I never signed anything they said there is such thing as a verbal contact, but I am going to pursue this.

One good thing is boys whilst all this was going on Stratstone Land Rover inBury contacted me and I have bought a brand new HSE V6 Santorini Black, with hybrid tv, privacy, 20' alloys, ebony leather with white stitching I picked it up on Saturday it is absolutely mega. And I get a fantastic deal from them. But I am still going to pursue the above matter.

Cheers Living the dream!
Santorini Black RRS HSE V6, hybrid tv, privacy glass, ebony leather with white stitching with leather door cards 20" alloys.

Gary

The verbal part relates to "subject to viewing" as already explained you can refuse it on any grounds if not happy once you have seen it. The judge in the small claims court will take all this into consideration and even if (and it is a very big if) found against you then he will expect the dealer to justify the cost which he has taken from you as acceptable and anybody reading this will certainaly realise they are not.

Go get em mate

garythebong wrote:

cheers lads for all your feedback, i contacted trading standards and even though I never signed anything they said there is such thing as a verbal contact, but I am going to pursue this.

One good thing is boys whilst all this was going on Stratstone Land Rover inBury contacted me and I have bought a brand new HSE V6 Santorini Black, with hybrid tv, privacy, 20' alloys, ebony leather with white stitching I picked it up on Saturday it is absolutely mega. And I get a fantastic deal from them. But I am still going to pursue the above matter.

Cheers

Nice - sounds like one of the "Black and White" editions  

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