Been sold a lemon

[961]

Originally Posted by Richard Brown

Sorry I disagree. This is established in case law - someone who parked the car on the forecourt of the seller and pushed the keys through the letter box was held by the Judge to have 'rejected' the car - unequivocally, in the eyes of the law, and in the eyes of any right minded person. Do not recover it, just be very very clear that you are rejecting it, you therefore have no interest in what he does with it (repair, sell, scrap) and most important of all, you want your money back. You have referred to AA legal advice - USE IT to the full extent possible as it seems you are not 'grasping the nettle' with this situation (no offence intended).

Sorry, I have perhaps mis said what happened

The car was returned to the dealer for repair under warranty. Dealer claimed repair not covered under warranty and claimed £400 for repair and held on to car under dealer's lien. Car recovered with second key

Perhaps not exactly the same

I am sure we are agreed that the car should be rejected

[Rick Barton]

Originally Posted by 961

Sorry, I have perhaps mis said what happened

The car was returned to the dealer for repair under warranty. Dealer claimed repair not covered under warranty and claimed £400 for repair and held on to car under dealer's lien. Car recovered with second key

Perhaps not exactly the same

I am sure we are agreed that the car should be rejected

Yes we are. Thank you for clarifying.

[nicholasjgroom]

So i went back about 20 minutes ago and they've FINALLY taken a sill off but the inspector has to come back tomorrow to inspect the other one (because he takes ages to do anything, i have said that they're starting to take the **** now) but the seller (not inspector or mechanic) said that he doesn't think the damage is that bad and can be repaired at which point i said once again that i will not be accepting a repair. when i mentioned the rust around the wheel arches as well he said 'it is a 12 year old car' (which means nothing because i'm still not accepting a repair) so the inspector will have finished tomorrow and we'll know by then. if he says the car is roadworthy i will say to them once again that i have rejected the car and disagree with the inspectors decision (who i will report to VOSA aswell) at which point i will refuse a repair take the car away have my own aa inspection done and when it is declared unroadworthy i'll just go through the aa legal services and refuse to deal directly with the seller anymore.

[Rick Barton]

The seller is pretending it needs "independent" inspection when it doesn't. This makes me distrust him. Please talk to the AA about rejection and ask whether you are better off leaving it there. If you take it back, the seller might argue that you haven't rejected it - and more time will pass which might weaken your position.

[961]

I'm sorry but you are getting in to exactly the situation that many advised against

Who is this "independent inspector"? Why are you in this argument at all?

When will you take advice from AA, Citizen's Advice or Trading Standards?

You are in grave danger of finding the trader saying to you "we believe a repair is satisfactory and that is what we are going to do"

[nicholasjgroom]

I'm on the AA callback list i'm going to tell them exactly what i've been told and ask them if my cover extends to them taking over completely because i can't be bothered with this ****e anymore

[961]

Originally Posted by nicholasjgroom

I'm on the AA callback list i'm going to tell them exactly what i've been told and ask them if my cover extends to them taking over completely because i can't be bothered with this ****e anymore

You may have to pay them a fee but so what?

They know how to get you out of this and if it costs you a hundred or so are you not going to end up better off?

[kebab10]

It does seem that you have gone out and bought a shovel in which to dig a hole. Trouble is, you shouldnt have bought the shovel.

So, how independent is the inspector?
Why is the seller INSISTING on an INDEPENDENT report?
Why havent you sought the advice of Trading Standards and the AA?
so why are you asking for help on the forum and then NOT following the very good advice by the memebrs of this forum?

Get on the phone now to Trading Standards and the AA and GET SOME HELP!

I can see you ending up with a car you dont want or out of pocket or both.

[nicholasjgroom]

so just go back and tell him that the car shouldn't of been sold in the first place. where does it leave me when he tells me to **** off?

[961]

Originally Posted by nicholasjgroom

so just go back and tell him that the car shouldn't of been sold in the first place. where does it leave me when he tells me to **** off?

You've been advised to put this in the hands of AA, Trading Standards or Citizen's advice and leave it to them

But you continue to try to solve the problem by direct negotiation

Do you not accept that there are folk in these organisations that are well used to dealing with sorting this sort of difficulty for those that consult them? And that, even if it costs a hundred or so, the outcome will almost always be better than trying to sort it yourself

As you say, the current situation may well result in the trader telling you to accept what he decides

Take advice now

Look through this thread and see how many posters have told you to do just that

Are they ALL wrong?

It's time for you to take an hour to read through from your first post and consider what to do next because I don't think there is anything more any of us can say