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Old 17 October 2004, 05:57 PM
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EVOLUTION
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Exclamation HELP REQUIRED, Where do i stand?

Hi people

Im in need of some advice on how to claim back my deposit from a deal that fell through because of the dealer.

Im also after contacting the owner of the black Subaru Legacy B4 saloon S**1SVK which was recently bought in June. If your reading this or you know this person, i would really appreciate it you could get in touch by means of email or PM.

The story is as follows....

#I saw the car mentioned above for sale at ********* MOTOR Co

#I went to view the car on the 15th of May

#Agreed the deal with the owner, some work needed doing, eg number plates changed, windows tinted and a cambelt change.

#I returned on the 22nd to place a deposit on the car and a reciept was wrote out by the salesman with all the details and the collection date for me to pick the vehicle up. collection was the 28th of May

#I also took a copy of the V5 to arrange the insurance, paid the deposit and left for home

#I called the insurance company requested a copy of the V5 of which i sent them, they called me back the next day and told me that they could not insure this vehicle as the v5 was incorrect. details are as follows

Number of seats incorrect
Model Type Not present
Cylinder Capacity incorrect
Wheel Plan Not present
Engine Number Not present


#I then called the dealer back and told him about the incorrect details on the V5 to which he told me, that wasnt his problem, it was a non refundable deposit.

#I tried 4 other companys for the insurance and they all asked for a copy of the V5 when certain details they asked for were not present to check the details of the car. The conclusion was the same from them all, We cannot insure this particular vehicle.

#As this is a performance car, i didnt think it such a good idea to try and bend the truth on the details being passed on the the insurance co, as we all know that they ask for the v5 in the event of a total loss claim and they look for any reason not to pay out.

#so, i then called the garage back, told him that i wanted my deposit back whilst he sorted out the corrections on the V5. He told me no and that i had to wait till he sorted them as that this could take up to 6 weeks. ( an unacceptable wait in my oppinion)

#I told him that if he colud supply the car with the correct paperwork on the 28th which was the date he agreed to, there would be a deal, if he couldnt complete his part of the deal, i wanted my money back.

#He said i had to wait and that i could have my money off another vehicle. He did get the V5 changed and he sent me a copy which arrived by special delivery on the 14th of june. The vehicle had actually ceen sold to a lad who i have spoke to once at Durham, but i did not get your or his contact details. Can you please get in touch ASAP please

Also, has anyone had any similar dealings wuth garages or does anyone know the Law and where i stand on this matter

Thanks

Jon

Last edited by Redkop; 17 October 2004 at 09:22 PM.
Old 17 October 2004, 07:07 PM
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highlander68k
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If the dealer has described the car a being something that it isn't, then you may be able to break the deal and get your money back - but you may have to take it to court if they want to be stubborn.

Just looking at the dates - have you got the car?

have a look on www.tradingstandards.gov.uk for some guidance notes or give them a call.
Old 17 October 2004, 07:55 PM
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mattsan
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If its a subaru dealer,get intouch with the top men at subaru they will sort this no problem.
Old 17 October 2004, 08:01 PM
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highlander68k
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Maybe I'm missing something from the post as we are talking about June here. What have you done since?

Just thinking - if you already have the car, then in all reality you have accepted the contract. The complaint should have been made "at the time" to the relevant persons.
Old 17 October 2004, 08:09 PM
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No i never bought the car it was sold on to a young lad in the Durham area, who i am trying to trace.

One of the reasons he gave for not giving me my money back was cause i requested work to be done to the car, e.g. Window's tinting, an exhaust modification, square number plates and a new timing belt to be fitted to the vehicle.

I have since seen this vehicle around my area with none of the requested modifications changed and from this i can only presume he never out layed any money on the vehicle.

I dont want to go into too much detail about the vehicle as i believe there was a problem when the new owner purchased the vehicle. This is why i am wanting to get in touch with the present owner.

Just had a look at the Trading Standards website, thanks there was lots of useful information but as it says on the site, court is a last resort and can be very costly and time consuming.

I was wondering if anyone had any suggesting as to how, other than court, i could recover my deposit legally?

Thanks for your prompt reply!
Old 17 October 2004, 08:14 PM
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TurbolessButImprezzive
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well, if it helps i could give you the irish solution to your problem, it involves a £5 jerry-can of pertrol and this guys forecourt!!

(no im not that bad, but my real advice is to threaten this guy with a little investigation as to why his log books arent correct, because something definitely isnt right there imo)
Old 17 October 2004, 08:31 PM
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highlander68k
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I would suggest actually contacting trading standards if asking for your money back doesn't get you anywhere and tell them about your problems.

I've had to contact them before and they are very helpful.
Old 17 October 2004, 08:48 PM
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EVOLUTION
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(no im not that bad, but my real advice is to threaten this guy with a little investigation as to why his log books arent correct, because something definitely isnt right there imo)



yeah TurbolessButImprezzive, that was exactly my line of thinking, this is the easiest way to cover up a not so legitamate vehicle up... Hiding its real identity within the v5

No the car came from ********* MOTOR COMPANY, who is not a Subaru Dealer and no i do not have the car, thats why im trying to get my deposit back on the car.

I have tried phone calls, letters and yesterday i went to the garage but he still refuses to speak tome.....

Im now at a total loss as to what to do now....


Thank

Jon

Last edited by Redkop; 17 October 2004 at 09:22 PM.
Old 17 October 2004, 09:11 PM
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MarksWRX
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Surely you paid the deposit on a car which he now cant sell you and therefore owes you your deposit back.
Old 17 October 2004, 09:27 PM
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stann01
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this bloke sounds real dodgy as does his garage, same happened to me but not on a subaru, paid 100 pounds deposit on a car that needed some work on it to get through m.o.t, but then he tried to say that i should get it done then m.o.t it!! said don`t bother i`ll just have my deposit back but he said no . went to my solicitor who then sent him threatining letter, but basiclly he said could have took him to small claims court but in the long run would have cost alot more than 100 pound so just had to eat humble pie and put it down to experiance, how much deposit did you lose?? sorry to hear your difficulties......
Old 17 October 2004, 09:53 PM
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taffyboyo
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get a couple of mates to go with you to the showroom, when its busy, start shouting and you should get a result, I've never tried this but seen it happen a few times in big electrical stores and it worked for them, if they threaten to call the police, then wait for them to arrive and give them all the details of what has happend
Old 17 October 2004, 09:58 PM
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1) Don't make any threats you will not carry out.
2)Write to the guy telling him that if you do not get a cheque for your deposit by return you are involving trading standards. You will also highlight your experience to TyneTees Scoobies, a local club with a large Subaru membership. Enclose a stamped addressed envelope, you might be lucky.
3) Make an appointment to see trading standards and take a copy of your letter and a brief written account of what has happened just like you have done here, also your receipt and anything else you have, copy log book?
4) When T.S. see you are trying to help yourself I think you will find they in turn will do what they can to resolve the matter or give you further advice.
5) What amount was paid for the deposit. Cash or cheque?
6) Is the salesman the proprietor. If not the proprietor/owner of the business is the one dealings should have been with.
Good luck.
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