Hi all, some advice please.

I put a £1000 deposit on a RRS with a used car dealer back on Tuesday 13th. It was paid over the phone and I haven't signed anything. There was a list of around 17 faults that the dealer agreed to sort for me if I paid screen price and I was told that the vehicle would be ready by last weekend. After I paid the deposit he included me in an email to his garage that had the list of works to be done attached to it. I noticed there were a couple of things missing so I emailed the dealer to make sure he notified the garage. I did not get a response to the email so I sent another one a day or so later. I did not get a response to that email either so I tried calling his mobile and there was no answer so I texted him. Still I heard nothing until the end of the next day which was Friday 16th. This was a call from him telling me that the car would not be ready as expected but would be some time in the following week. I was OK with that as I'd rather be sure the work was done properly than for them to rush it. I asked him if he'd received my emails and he said yes and that the items missed off the list had now been included.

So I've left it with them until today when I called to check on the progress. My number was withheld and the dealer answered and said he was with a customer so could he call me back. I agreed but again he has not called me back. Other than the time it is taking them to get the car ready I have been left feeling uneasy about things since as soon as I'd paid the deposit the level of service became a joke. I mean, who actually ignores paying customers emails, texts and calls before the deal is even finalised?

The advice I am looking for is do you think I am within my rights to cancel and request my deposit back on the basis of the poor service I mentioned above? Because I am really not sure I want to give this guy another £18000 of my money.

Thanks everyone.

Get in touch with the consumer direct, there very good at this kind of thing.

Here's one that may help you all if your buying from car dealers and garages
Originally Posted by :
Used Cars - consumer rights


The Law
When you buy goods from a trader, you enter into a legally binding contract governed by the Sale of Goods Act 1979, as amended by the Sale and Supply of Goods Act 1994 and the Sale and Supply of Goods to Consumers Regulations 2002. The law gives buyer and seller rights and responsibilities and applies to the sale of used cars in the same way as to other goods. When you buy from a trader, you have the right to expect the car to be:
of satisfactory quality;
fit for its purpose, including any particular purpose made known, and
as described.
The law defines goods as being of ‘satisfactory quality’ if they meet the standard that a reasonable person would regard as satisfactory – taking the description of the goods into account, the price (if relevant) and all other relevant circumstances. So, when you have bought a used car, you must consider its age, the price you paid, the description which was applied to it and anything else which is relevant when deciding whether it is of satisfactory quality. Your expectations should be different when you are buying a low mileage, two-year-old car than when you are buying a high mileage, ten-year-old one, for example. However, it must still be:
fit to be used on the road;
in a condition which reflects its age and price, and
reasonably reliable.
When you buy as a consumer from a motor trader, your legal rights under the Sale of Goods Act 1979 cannot be taken away or reduced. An example of an attempt to do so is a notice such as ‘sold as seen’. Such phrases are meaningless and cannot alter your rights. If you see a sign of this type, report it to Consumer Direct on 08454 040506. A warranty or guarantee can only be given in addition to your legal rights, not instead of them. You can take legal action under the Sale of Goods Act 1979 for up to six years after the date of the contract, but it is unrealistic to consider legal action for defects on used cars – especially older vehicles – once you have had them in use for a reasonable length of time. Each case is different, so it is best to take advice before you decide what to do.

It may be cheaper to buy cars privately but look at the protection you get when buying from garages

Hope this helps mate

If the goods where purchased withing the last 6 months (new or second hand & in the case of car age is not very relevant when you talking about such a major component) then you can demand either a replacement of equal value or a suitable repair & you don't have to prove the fault appeared AFTER purchase. In law it is assumed that the fault existed prior to sale

& this is why

"reversed burden of proof"

Means that for the first six months the consumer need not produce any evidence that a product was inherently faulty at the time of sale. If a consumer is seeking any other remedy the burden of proof remains with him/her.
In such a case, the retailer will either accept there was an inherent fault, and will offer a remedy, or he will dispute that it was inherently flawed. If the latter, when he inspects the product to analyse the cause, he may, for example, point out impact damage or stains that would be consistent with it having been mistreated in such a way as to bring about the fault.
This reversal of the usual burden of proof only applies when the consumer is seeking a repair or replacement. After the first six months the onus of proof is again on the consumer.

If you have already advised the dealer of the fault you must act now!

Incidentally the 30 day warranty is a load of bull & con by the dealer. The dealer can't limit his liability to 30 days & if the dealer suggests or advertises otherwise he is committing a criminal offence under the trades description act............unless (& I have mentioned this before) he adds "This warranty does not affect you statutory rights" in writing that can be read & is in plain sight

Bit more info for ya mate

Thanks mate. In this case I haven't even taken possession of the car as yet. So it's not based on the car being faulty. I was just wondering if I could cancel based on the poor service and time it's taking to get the car ready.

Going to play devil's advocate here, I think it would be cruel to cancel the deal without even seeing the car and test driving it. The guy might be dick but a deal is a deal. Go try it and then if it's a ball of crap, walk away with deposit. Only fair way of dealing and at least he has tried to get it fixed for you even if taking slightly longer than thought. 2x TDV6. SE and HSE. Both returned to sender with issues👀
TDV8 Sport HSE...... Gone. Loved it but it didn't love me!!
Now rolling in MY10 Fullfat TDV8 Vogue. Slammed it to go round corners🙈
Cruising daily #56 mph in a Volvo V8. 😱
Lots of other toys in the cupboard...😜

I spoke with him after all today and I've been told that it will be ready for me this weekend. So yeah, I'll give it another test drive and check over and if all is well I'll buy as agreed.

I would be concerned at the poor communication at this stage when he is waiting for the balance - once he has your money if you have a problem things will only get worse in my experience

Rights are all well and good but enforcing them is another matter - like Simon says if it doesn't inconvenience you too much view it first. I would of paid deposit with credit card in case it goes wrong and ask for refund then inform card company if he stalls. I will no longer tolerate poor service or communication - been there and got the t shirt

Hope it works out but leave the rose tinted glasses at home and expect the worse then you won't be disappointed  Wanted a Series 2 LR since childhood but previously owned MY16 Disco Sport HSE TD4 Auto, MY13 RR Sport Black Edition TDV6 Auto, MY10 RR Sport HSE TDV6 Auto, 2007 Freelander 1 Freestyle TD4 Soft Top, 2009 Freelander 2 GS TD4 Auto, 2007 Freelander 2 GS TD4, 2004 Disco 2 Metropolis Auto, 2002 Disco 2 GS, 2000 Freelander 1 SE TD4 SW

Still hoping for a S2 one day!

It still amazes me that anyone would pay a deposit (which is an agreement to buy) on anything second-hand, especially a car, without first seeing the item, the seller and the seller's location/business.

I'd certainly be walking away unless everything was 100%.

I should make doubly sure that not only is the car perfect but also that all the paperwork is absolutely correct. It would be wise to telephone the previous owner listed on the V5 and undertake an HPI check - if the dealer says they've undertaken an HPI check ask to see the certificate and make sure the mileage and dates are consistent.

You misunderstood. I did go to see the car. Went through it with a fine toothed comb. Agreed on a list of around 17 items that the dealer would sort out before I pay the full amount for the car. Went home, slept on it, woke up and decided I still wanted the car so I called to pay the deposit over the phone.

^^^ In that case I apologise

Have you got a link to the car, it may shed a bit more light on it then you could get better opinions from us

If any of the jobs are not done when you go to collect, walk and ask for deposit back any problem go to your credit card and they will help. This dealers sounds bad to me. SVR 2018 in Santorini Black.