General: Help!! have I bought a lemon?!?

[Rossi-fan]

That V50 might be worth a look if its right on your doorstep.

[PaulieOfArrod]

No, I don't think I've received it as yet, though the wife does put things in strange places..

I've received a call from Frank today, which I recorded, with his knowledge. He said that he wants to come to my house, collect the car, leave me a courtesy car, and go away and do the repair, then return the car, etc.

I've been putting a timeline together, looking at court guidance, and going through the forum posts, and I've seen some links in posts people kindly provided that I seemed to have overlooked previously, including CAB guidance, local authority guidance and even the autotrader website. Having seen these I am more confident in my right to receive a refund, but also it is clear that the longer I leave it, and the more I cooperate with any attempts by Frank to repair the car, the weaker my position to demand a refund..hence needing to stand my ground - which also feels right as well in response to Frank's efforts to bully and manipulate.

I explained this to Frank. Frank said he would be putting his offer in writing. I will also be writing to him to say I'm rejecting the offer he made verbally on the phone, and confirm that I'm not using the car (confirming the mileage), and I'm buying another car and switching the insurance over, confirming some extras I'll seek to claim, confirming I want the name of the relevant person and communication only in writing from now on, etc etc.

[Rossi-fan]

This would be setting the alarm bells ringing for me. He seems keen to do a repair rather than refund you. You say you paid £1500 for the car, so the repair has got to be cheaper for him. What sort of repair is it going to be would be my worry.

[Norfolk Jim]

Originally Posted by Rossi-fan

This would be setting the alarm bells ringing for me. He seems keen to do a repair rather than refund you. You say you paid £1500 for the car, so the repair has got to be cheaper for him. What sort of repair is it going to be would be my worry.

Snap - we all know how much it costs to repair a gearbox!

Glad you said no Paul. Stick with it and then see if you can get the free half hour with a solicitor and get them to do a letter for you.

[Rossi-fan]

I would imagine this cowboy knows he's bound by the Sale Of Goods Act, and he's gonna shell out the least amount of money as possible. I'd be very wary as to how the car is going to be bodged up this time.

[Bill_56]

Originally Posted by PaulieOfArrod

I've received a call from Frank today, which I recorded, with his knowledge.
.

Be wary of how you use that.

To the best of my knowledge, and contrary to urban myth, it is perfectly legal record calls (or any other conversations) either with or without the other party's knowledge or consent. However, you cannot play the recording back to a third party without his consent for it to be replayed, regardless of whether he knew you were recording it. Limited use as evidence then, and also you want to avoid any amunition for 'counter claims' against yourself.

Source:
http://www.ofcom.org.uk/static/archi...qs/prvfaq3.htm

[Norfolk Jim]

He really does sound like Frank the W*** - he needs the old pile of manure on the forecourt from god ole Narfolk to do the trick

[RM955I]

Originally Posted by Bill_56

Be wary of how you use that.

To the best of my knowledge, and contrary to urban myth, it is perfectly legal record calls (or any other conversations) either with or without the other party's knowledge or consent. However, you cannot play the recording back to a third party without his consent for it to be replayed, regardless of whether he knew you were recording it. Limited use as evidence then, and also you want to avoid any amunition for 'counter claims' against yourself.

Source:
http://www.ofcom.org.uk/static/archi...qs/prvfaq3.htm

you can use a sworn transcript of the conversation if it's not too lengthy.

[PaulieOfArrod]

Quick update: I got a brief, pretty sloppily written letter from the outfit the dealer uses to handle these situations for them..reiterating their offer to pick the car up and leave a courtesy car etc. I've replied restating my position and asking them to confirm the legal entity I'm actually dealing with here. They have until Thurs next week to give me the money in full or a claim gets filed.

I had a thought the other day which was this..If Frank hadn't come accross as a manipulative buddy and had appealed to me in a polite and honest way, I might have been tempted to not do this, and let them attempt the repair. The reason I feel I've had no choice though was Frank's behaviour - unwillingness to discuss or even hear what I believed my rights were, being aggresive and trying to coerce, and that also made me feel like I couldn't juust let him bulldoze me, or trust that he'd go on to sort a decent repair out. Gave me a bad view and feeling about the yard, full stop. And the same things make me feel now like I've got to see it through (that and many of the supportive comments I've received on here!).

[Rossi-fan]

Cheers Paul. I know exactly what you mean, and how you feel. Why do these people seem to have the attitude of why don't you just 'make do with it' and sod off. Used cars Are just £££ notes to these people, and when they're sold, that's it, they don't want to know.