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Dealer with sticky hands on rejected car deposit

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Old 22 April 2005, 10:38 PM
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johndoe
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Angry Dealer with sticky hands on rejected car deposit

Keeping things anon for now.

Basically got an inspection on quite a rare car today. The inspection uncovered quite a few shortcomings about the car that was not previously revealed to me by the dealer when sale was initially made.

Upon advice given to me about the car the inspector (very highly respected subaru specialist) I declined the car. The car was "the worst example of the marque he had ever inspected". Paint on all panels and evidence of a rear shunt, oil leak from transmission and engine. I specifically asked the dealer had the car been painted/crashed before I laid a deposit down "not to my knowledge" was the reply. I knew the car needed a bit of tidying but wasnt prepared for the damning verdict i was given by the inspector. (there literally is a very long list of faults, and not simple things either).

Now either this dealer is very thick on not inspecting the car properly in the first place, or they know exactly what they are doing. The dealer in question is an independent, and you could say they specialise in subarus.

To cut a long story short according to the dealer, *apparently* Im not entitled to the deposit back I had on the car. Paint etc is expected on cars several years old, and the fact that they have offered to put right the problems on car negate any claim by me for deposit to be returned. (so says the dealer) Since the inspector (an expert on the car in question not some RAC spanner thrower) says it would cost several Łk to put right the car i cannot see this happening.

Its been hinted that as a goodwill gesture (ho ho) the dealer will return a portion of my deposit, although "according to trading standards and anyone else you wish to go to" I shouldnt get anything.

"People who inspect cars see it as a mission to find every little thing wrong on a car" (really )

And the dealer also questioned the ability of the inspector, who incidently came very highly recommended from a few espected members of this board. I do not question the insperctor at all, he is wholley independent and I trust 100% the advice i was given.

Where do I go from now if grabby fingers keeps my deposit? I shall name and shame and post up the inspection in full if this doesnt get sorted. Is small claims an option?
Old 22 April 2005, 11:24 PM
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Luminous
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Start at Trading Standards, free impartial good advice.

You need to record everything that has happened in writing for your own notes. All communication with the garage will have to be in writing. From the sounds of it you will almost certainly have to threaten to go to court, and if your case is strong enough, you may well have to.

Don't be intimidated, take the advice they give and follow it. I did with a computer shop and won, took 9 months, but I got the last laugh in court.
Old 22 April 2005, 11:31 PM
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pslewis
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Say that the deposit was refundable if the Inspection showed up problems not disclosed by the dealer.

Not sure why you placed a deposit anyway? cars are NOT selling at the moment.

Also, he may not have know it had been in a crash .... and a certain amount of work could be considered reasonable on an elderly car ...

Don't know what car you were looking at or how old ..

Pete
Old 22 April 2005, 11:35 PM
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johndoe
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a 22b, less than 40k, inspector thought mileage was higher.
Old 22 April 2005, 11:41 PM
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johndoe
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I'm not revealing who it was for now, hence the temporary name.
Old 22 April 2005, 11:43 PM
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if it wasn do a search on here about them and their *reputation



*or lack of.
Old 22 April 2005, 11:45 PM
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pslewis
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Originally Posted by johndoe
a 22b, less than 40k, inspector thought mileage was higher.
In that case it shouldn't have paint OR need work!

Just say, politely, that you made clear the deposit was dependant upon an Inspection not showing anything SERIOUS - it has and you will sue unless they refund

AND THEN SUE THEM!! they will pay when they get the County Court Summons!

Of course, you wouldn't pull out of the sale if the inspection showed up small items like a bulb blown ............. but SERIOUS defects have been identified (and acknowledged by them!)

Pete
Old 23 April 2005, 12:17 AM
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dave cos4x4
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think you should name and shame them tbh.

Someone else could end up buying a car that you know is wrong,save them the heartache of buying a car that is not up to scratch or has serious problems with.

you have come on here as an anomynous person,why not name and shame them.



Dave.
Old 23 April 2005, 12:37 AM
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SPEN555
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Well I hope it ain't Keighley Trade Centre as they seemed to manage to do a move overnight a few monrhs ago!

The other jap performance car place in Keighley has just recently vanished, that was Beeches Motor Car Company (BMC).

I am not saying any of this is related to the above thread but someone did mention Keighley Trade Centre. What I find frigtening is how quickly they can vacate premises when they have Ł100k's of cars on display!

Whenever I have sold a car I have always took deposits and said it is non-returnable to avoid confusion (only asked for say Ł100). I would also take returnable deposits but that would be a higher amount.

Last edited by SPEN555; 23 April 2005 at 12:46 AM.
Old 23 April 2005, 12:42 AM
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SPEN555
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Whoops double post.

Last edited by SPEN555; 23 April 2005 at 12:46 AM.
Old 23 April 2005, 04:53 AM
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scooby-si
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if you are who i think you are and the car is paint code F74 take them to the small claims and or get trading standards in on it,

my 22B has done 87k miles and looks like its done 20k miles

Last edited by scooby-si; 23 April 2005 at 04:55 AM.
Old 23 April 2005, 04:57 AM
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scooby-si
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Originally Posted by pslewis
In that case it shouldn't have paint OR need work!

Just say, politely, that you made clear the deposit was dependant upon an Inspection not showing anything SERIOUS - it has and you will sue unless they refund

AND THEN SUE THEM!! they will pay when they get the County Court Summons!

Of course, you wouldn't pull out of the sale if the inspection showed up small items like a bulb blown ............. but SERIOUS defects have been identified (and acknowledged by them!)

Pete
Old 23 April 2005, 09:38 AM
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nyscooby
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If they are semi-reputable Trading standards should send a shiver down their spine.

And then so should the County Courts.

I sent a stern pre-court letter to the dealer who sold me the car and i got exactly what i wanted, value for my money paid...

I'm not going to name them, they helped me (almost) every step of the way, after the letter.

If they are dealing cars, an inspection on site from the Trading Standards will be the last thing they want, ever!
Old 23 April 2005, 10:33 AM
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speedy1
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I bought mine from a Subaru dealer. I put a grand down as deposit. The salesman chap said at any point if i wasnt happy, the the deposit would be refunded.
Old 23 April 2005, 10:57 AM
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codie247
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Originally Posted by speedy1
I bought mine from a Subaru dealer. I put a grand down as deposit. The salesman chap said at any point if i wasnt happy, the the deposit would be refunded.
0

same here ,salesman at subaru said no probs for refund. i think i know the garage and car in question,had a look at a couple of evo's they had,but decided no. they are not a small garage either(no offence to small garages meant )

Lee
Old 23 April 2005, 12:24 PM
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I really hope that you name names at some point. The rest of us need to know where to avoid.....
Old 23 April 2005, 12:31 PM
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Chris L
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Be carfeul - I don't want to have to edit this thread. Read the T&Cs before you decide to post up further details. Stick to the facts and not speculation. Anyone else doing the same will have their posts removed. Please remember that threads like this can place Scoobynet (or any other board) in a very difficult position.

Chris
Old 23 April 2005, 12:36 PM
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sss
Old 23 April 2005, 04:43 PM
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Scooby Dan
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I hope it isn't the same dealer that sold me an 02 WRX yesterday which was advertised as having full Subaru service history.It wasnt until I got the car home that I realised it had been serviced(or maybe just stamped) by themselves.I may take this matter further as surely the car is worth less if serviced by a specialist rather than a main dealer.I also think I know the 22b as I am pretty sure it is the same dealer.
Old 23 April 2005, 07:00 PM
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johndoe
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As of now i still have received nothing back from the dealers.

I cannot name the dealer as yet for a few reasons. I have to give them a reasonable chance to return my deposit and its probably against scoobynet's T&Cs as well. I will contact them monday evening again requesting the return of the deposit.

However, the dealer will be named if I don't receive the full deposit. I will also post up the full inspection report and publish everything using my regular SN name. (the facts, not lies or speculation mods ) Everyone can draw their own conclusions to what the condition the car is in from an independent souce.

If anybody is buying a 22b from a garage at the moment, PM me with the reg number and build number and Ill tell you if its the same one or not. I would hate to see anybody else spending over Ł20k for something "you'd regret buying ".-(inspector)

Scooby Dan, I think its probably the same garage, they also had an escort cosworth and a clio v6 thing. How did your inspection go, was the car as advertised apart from the service history?

If indeed they have claimed FSSH and have stamped the book themselves, its a very low step, especially if you were banking on an IM warranty and future resale.

I suppose it highlights the fact that on no account should anybody purchase a sports car without having a thorough inspection on it. I have done so on all my Imprezas, and this is only the second ive had to reject.
Old 23 April 2005, 07:15 PM
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Originally Posted by SPEN555
Well I hope it ain't Keighley Trade Centre as they seemed to manage to do a move overnight a few monrhs ago!

The other jap performance car place in Keighley has just recently vanished, that was Beeches Motor Car Company (BMC).

I am not saying any of this is related to the above thread but someone did mention Keighley Trade Centre. What I find frigtening is how quickly they can vacate premises when they have Ł100k's of cars on display!

Whenever I have sold a car I have always took deposits and said it is non-returnable to avoid confusion (only asked for say Ł100). I would also take returnable deposits but that would be a higher amount.
Regarding this i was also wondering weather it was these guys but regarding their move it wasnt over night. I actually knew for a month or two prior to them moving that they had new premisis sorted so thats one thing aside but yes regarding the car what you most definately should do is contact trading standards

but since ive been invovledi n a few situations as such, trading standards would tell you to write a letter to the company letting them know you have been in touch with Trading Standards and would require a full refund back. If within i think a week they dont reply then you contact trading standards again and they take matters into their hands. One thing i always wonder is, how can someone prove they have paid a deposit, cos nowadays cowboy traders dont give no reciept for deposit. But if you do have some reciept then thats even better for you
Old 24 April 2005, 12:51 PM
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If you have no receipt, and paid in cash then you are fighting a losing battle if you want to go to court.....
Old 24 April 2005, 02:30 PM
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highlander68k
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How much deposit did you place on the car?

Are there any faults with car that the dealer didn't disclose and you feel they should have? Does the advert for it state anything that isn't correct? If so, you may stand a better chance of getting your deposit back with no hassle.
Old 24 April 2005, 03:55 PM
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Hanley
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Just torch the place!!!!! That'll teach 'em

Old 24 April 2005, 05:54 PM
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johndoe
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Ł500 deposit with receipt.

Specifically asked if it had crash damage/paint "not to my knowledge" was the answer, and it turned out every panel had been painted and has had work done to the rear of the car (accident damage?). Is assumed ignorance some kind of defence? Also an oil leak to be fixed was one of the conditions of the sale. The dealer had 10 days to rectify this and it simply has not been repaired properly if repaired at all. Apparently the dealer is saying this is a different leak now,sounds like the block is made out of second hand sieves.

Should get the full written report soon, should make interesting reading, a few pieces of paper which has cost me Ł620 (inc deposit). Cost to dealer with "worst 22b ive ever inspected" Łzero. Maybe this is some kind of way of recovering more money out of the vehicle. Sell it multiple times knowing it wont be finalised, and thanks for your deposit have a nice day.

Will be naming the dealer in the next few days and publishing the full inspection report if no transfer is in my account by tomorrow. Trading standards will be contacted and will be applying to court.

If it does go to court, I've a good mind to include the inspection fee as a claim too.
Old 24 April 2005, 07:47 PM
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o and from what id gather, "not to my knowledge" could act in favour of the trader. So jsut to solidify things id say he said no on each occations
Old 24 April 2005, 07:53 PM
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Agreed, the not to my knowledge is often used to try and prove that someone did not mis-represent the sale to you. It works really well for private sellers, but not that well for dealers.

He is a professional trader, the courts will expect that he is able to tell a good car from a bad car. If it was some obsurce detail then he could say, not that I am aware. But with the damage that the car had, it would not be reasonable for him to say that it was in good nick.

I would also consider claiming for the costs of the inspection, as the only reason that you asked for the inspection was becuase of the (inaccurate) description that he gave you.

You need to try and get some proof of how he advertised the car. The Auotrader ad, or from the dealer website should help you there. Take that into Trading Standards to see what they have to say.
Old 24 April 2005, 11:45 PM
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small point, if its a 22b then its had new wings and stuff welded on along with paintwork anyway, you sure your inspector bloke knows what he is doing?
Old 25 April 2005, 12:35 AM
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Believe me this is one of the most knowlegable people you could ask about a 22b. He has an impeccable reference.
Old 25 April 2005, 01:05 AM
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hopefully if the dealer in question is a subaru specialist as you say he is, the he will maybe be aware of scoobynet forum and will be quaking in his boots with this thread,,,good luck mate, looking forward to reading the positive outcome for you


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