Urgent help with new car

[Pondrew]

I have figured out my course of action if they indeed don't turn up to collect the car and refund me.

I think they probably will in this instance.
They will be sh*ttng themselves and will want that car dealt with asap for fear of Trading Standards, VOSA (DVSA), etc getting involved. They will also have alerted the MOT station by now who will also want it to 'disappear'.

 

[Pondrew]

Surely it's his civic duty to report it?

Indeed. Luckily once he got honda-neath it, the problem was obvious!

 

[CryptoWhale]

Not sure if I am being a bit dim here, but the seller told me he will issue me a refund when his drivers have delivered it back to his. I've told him I want a refund before the car leaves my sight. Am i being unreasonable here?

I've asked around on some car discord channels and most people say its common practice for them to collect the car first and then refund me after

 

[ronk]

Has he sent you an email to that effect?

How did you pay for the car? Cash/ Card / Cheque

 

[CryptoWhale]

Paid by bank transfer. Sent me a WhatsApp essentially saying he will have the vehicle collected and refund issued back to me when the car arrives back to him.

 

[ronk]

I think you will probably have to go with that.
I would keep a paper trail (albeit electronic)

Ensure you have copious amounts of photos of the rust damage

 

[MikeyH]

I would have thought it would be a better idea that once they are there to collect the car and inspected it but before they move it (you keep hold of the keys and paperwork) that they transfer the money into your bank account using a Bacs bank transfer. Once it is verified as in your account give them the keys. This is how I buy my cars as it is safe for both parties. Make sure if you can that you have a witness standing with you (preferably a big guy with baseball bat ready ) .

 

[CryptoWhale]

I would have thought it would be a better idea that once they are there to collect the car and inspected it but before they move it (you keep hold of the keys and paperwork) that they transfer the money into your bank account using a Bacs bank transfer. Once it is verified as in your account give them the keys. This is how I buy my cars as it is safe for both parties. Make sure if you can that you have a witness standing with you (preferably a big guy with baseball bat ready ) .

This is what I assumed too :|

 

[ronk]

You could of course remind them that they have sold you a car which was in a dangerous condition
It also seems to have fraudulently passed an mot ?

 

[enuff_zed]

Paid by bank transfer. Sent me a WhatsApp essentially saying he will have the vehicle collected and refund issued back to me when the car arrives back to him.

Bearing in mind that WhatsApp is encrypted so no-one else can see it, I'd want an email at the very least, with some form of header to prove its from them.

 

[CryptoWhale]

Just contacted him and he says the refund will be processed when the car gets back to them and will take 3-5 working days as it is done via banking order. Starting to get a little concerned now that they will take the car and I'll be waiting for a refund in weeks to come or may never even see it :thumbsdown: I may add he has got a Barclays business account. Not sure if that should offer me some sort of protection / confidence

 

[ronk]

Remind him you are doing him a favour by contacting him first and not involving the authorities regarding the obviously dodgy MOT pass

As Tim said, you could always have the car tested at a reputable Test Station- I would think they would condemn it.
This will prevent any he said/ she said scenario and you will have an official and documented diagnosis.

 

[MikeyH]

I have a Co-op business account makes no difference as far as I know. Tell him that you want the money paid into your account by Bacs transfer, forget this whatsup crap. It usually goes through quite quickly or may take 24 hours if its a new payee. But make sure it is in your bank. Then tell him he can pick up the car once you know it is in your account otherwise you will be reporting it to Trading Standards and the Police. I have seen too many rouge traders to trust this dodgy bast*rd. Get your money first, for gods sake don't let him take the car or evidence first, if he gets nasty call the cops. He and the MOT place are the ones who have broken the law and put you and others at risk. You have him by the short and curlies make him play it your way not the other way around. Good luck

 

[ronk]

The downside is he / they will be prosecuted if you go down the official route but it doesn’t automatically get your dosh back!

 

[Pondrew]

Just contacted him and he says the refund will be processed when the car gets back to them and will take 3-5 working days as it is done via banking order. Starting to get a little concerned now that they will take the car and I'll be waiting for a refund in weeks to come or may never even see it I may add he has got a Barclays business account. Not sure if that should offer me some sort of protection / confidence

I have a Barclays business account. No different to a normal account, they will not be interested in you TBH.

The 3-5 days thing is bulls*t. You paid them by BACS, they need to pay you back by BACS (should show instantly and be drawable within 2 hours).

As said above, I think you need to make them realise they should be playing by your rules now, not theirs. I personally would make it clear to them that you want the refund before the car is taken away or you will involve other parties (trading standards, DVSA, etc).

It may be prudent to remind this person that you have been sold a dangerous, unroadworthy car.

 

[ronk]

Here’s something that might help

https://www.theaa.com/car-buying/legal-rights

 

[mr.tourette]

As above..you need to play hardball now..put it in an email so you have a proper record, mention they have sold you an unroadworthy car with a most likely dodgy mot, let them know your terms i.e a refund straight away by bacs, anything else and you will be contacting both Vosa and trading standards

 

[ronk]

https://www.gov.uk/guidance/report-an-mot-tester

 

[ronk]

https://www.gov.uk/guidance/report-an-mot-tester

“Depending on how serious the offence is the tester or centre could be:

banned from carrying out MOTs
fined
given a prison sentence”

 

[MikeyH]