They threatened Court! Who is in the right?

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[@roystonvehicles9129]

I sold a local loony, mad Harry a car in January this year, he came back this November saying it had failed its mot (11 mths later) on a broken spring, he said I'd not told him spring was broken, I said it wasn't on the last mot, was I right to tell him to do one? which I did, the car was 700 quid.

[@garethjones8047]

Just a broken spring on any car is getting off lightly, let alone a 700 quid car

[@roystonvehicles9129]

@@garethjones8047 I know bud, it's got to be the worst complaint I've had.

[@madyottoyotto3055]

Best way to find leaks is a smoke machine

[@RandyDarkshade2]

I agree. The dealership broke the signed contract, twice, as well as leaving the car advertised, therefor dealership is in the wrong.

[@BryanRees233]

If the Mazda has the 2.2D engine, leave it with the dealer and consider it a lucky escape.

[@tipperscum]

Not wishing to start an argument but...... can I ask what's going on with the 2.2 diesel. Mines got 128k on now from 2015. Never skipped a beat. Just wondering, that's all. Thanks.

[@sammytheseal2307]

@@tipperscum Heads are prone to cracking, premature timing chain failure, turbos etc

[@thistimeimhere]

@@tipperscum they have been known In the taxi world as a car to avoid. Everyone I know who's owned one has had an engine failure(taxi). Most modern diesels don't like anywhere outside the motorway and these are similar. I'm just about to go petrol for the first time because of the diesels becoming crap in general.

[@BryanRees233]

@@tipperscum Carbon build up in the intake manifold, Mazda cleaned my walnut shell blasting FOC as good faith repair but as I understand it there are so many claims they stopped doing it FOC. There is also the leaky injectors seals that cause carbon in the oil that block the oil pick up. And there is a dodgy rivet in the turbo that has a tendency to go.

[@tipperscum]

@@sammytheseal2307 thanks for the reply.

[@roystonvehicles9129]

Yes, there's distance selling laws, he's got 14 days to return it, no matter what if that's the first time he saw it when it was delivered, even if he just changes his mind.

[@MrSonicAdvance]

I did not know about the distance selling rule. Personally I would not have a car delivered and would not take one home until I was happy with it.

[@bennettchimp]

With regard to the water leak, the misting up is due to the headliner, still holding an amount of water when the car heats up it is drying out and the moisture is trapped inside. I would’ve thought the leak is fixed. Best thing to do is put a dehumidifier in the car overnight. possibly for a day or 2 to dry everything out once you’ve done that you’ll probably find all sorted

[@petershepherd6889]

If the car has Aircon then put that on and that will collect the moisture and dump it out the drain.you can still have the heating on at the same time.

[@paulanderton9424]

I had an issue with a brand new Peugeot 207 back in the day. They had 4 attempts to fix a problem but failed so I rejected the car. They were an absolute nightmare to deal with and were very unprofessional. But I stuck to my guns and got a full refund of £14k

[@rogeruk4291]

I’m aways amazed why dealers think that they can get away with supplying a car in that dirty condition, I’ve seen even on eBay cars that are filthy dirty inside and out and expect people to spend good money buying it madness 😮

[@b4tm4nrubin33]

if she has paid a deposit of £500 and the contract stated the delivery date of 5th Nov, the vehicle wasnt delivered on the 5th Nov, then the dealer has broken the contract

[@cartradediary6131]

Funny one regarding to the deposits. Had an Alfa Guilietta a while ago, really nice one, had a lad coming over, tested the car, liked it, put a 200£ deposit down and we agree he will pay it and pick it up in a week. 10 days passed and tried calling him and he wasn’t picking up, then he texted me that he decided to go for another car which he already bought and not to be bothered to send his deposit back, never answered his phone or replied to my texts, I was genuinely wanting to return his deposit 😅

[@francollingborn4606]

You're such an genuine guy James, absolutely love your honesty. Think Storytime should be called Chopanoray time.

[@ChopsGarage]

lol! Cheers Fran

[@davidmitchell8178]

Or Jamesanory.

[@paullee3237]

That's correct unless he bought it via finance or lease agreement as the contract is via the lease or finance company. It wouldn't be a consumer contract but business to busines!

[@phonotd]

I think Wayne needs a reality check, for a start, why would you fork out £280 on parking sensors on a 2005 car? The dealer seems to have bent over backways to help him out with all the problems so far. I bet if you put your hand up between the headlining and roof of a new car in the current weather it would feel wet or damp. There is this ever-present thing in the world, it's called condensation.

[@kashimakram7985]

Hi bud, would it be possible to view the forms you get your customers to sign upon purchase? Or any other forms you make them sign prior/post sale of vehicle. Thank you very much in advance.

[@marshall1157]

Honor warrenty, past that its as is vehicle.

[@montykash3770]

Hi James, Lawgistics Distance selling agreement only gives the customer 20 miles to use the vehicle (Potentially like a long test drive) and then chargeable at £1.00 per mile thereafter.

[@markfoden765]

Hi James,always love story time with you,its good that people can ask for your help and advice and you cam take time out of your busy day to help out,cheers 🙂👍

[@ianhumphreys3892]

The Volvo v40 thing happened to me, the ignition key didn’t work on focus after 2 weeks of excuses I turned up on Saturday morning (when they were busy) and got my money back, after getting short with them. They broke the contract, as it wouldn’t start and I never drove the car off their lot…

[@sammytheseal2307]

On the point about garages going over cars from dealers, it's partly a duty of care to have a quick cursory glance at everything and do the basic safety checks. Partly also the customer will ask for it even though they may never admit that to the dealer. One recently we had was a Honda Jazz, distance sale 6 weeks prior, brand new advisory free MOT. It was a Scottish registered car. Complaint was that it felt sluggish but there were no warning lights. Found that the NSR and OSF calipers were binding on. Due to this we checked everything else, we found the OSR and NSF stuck off and providing insufficient braking effort. So it needed 4 (!) new calipers. Being a Scottish registered car everything was heavily corroded hence the calipers being faulty. The car also had galloping rot/holes in the floors, arches and stills Dealer had wound up operations in the intervening time, VOSA were not interested in the obviously bent MOT due to insufficient evidence. Very sad case for the customer.

[@ChopsGarage]

Hi Sammy. Sounds like seriously rogue dealer

[@molsky13]

I cant believe someone would buy a second hand car without looking at it perhaps I'm old school

[@BryanRees233]

But if the dealer hasn't provided on the agreed date, aren't they in breach of contract? So she should have her money back.

[@johnwebb223]

Allows enjoy your legal stories you help is invaluable, keep them coming 👍

[@paulf2529]

Re the first guy, he should reject the car , but get a report on the condition of the paint work and photos to cover himself. Since the car was delivered it is the garages responsibility to collect it.

[@northernise]

There are very few reputable car traders which is a real shame.

[@459Tango]

I've got an ongoing issue at the moment. Bought a 2002 BMW 330CI CONVERTIBLE from a dealer who had a few cars selling from his house (currently has around 8 cars in stock such as jags bmw etc around the £10k mark) EML light popped up on the way back home. Had it tested by my local garage and the head gasket has failed. The dealer offered to supply a replacement used engine at a cost to him of £695 but wouldn't pay for fitting which was £995 plus VAT. I offered to put £200 towards the cost but he's refused. I've written to him twice over the course of 1 month but just ignored. I've just lodged a small claim for a refund. He tried to say as it was his personal car he's not liable. However he had the car listed on ebay under his trading name

[@DaleSteel]

The dealer could agree to fix but without prejudice. Also the dealer would be entitled to have the car returned as was. The dealer can charge buyer to remove parking sensors.

[@roystonvehicles9129]

I always make sure cars ready and snagged, good to go to avoid delays.

[@duncansteward4331]

reject the car and get a refund

[@dougpiper1783]

It's a risk you take when not looking at a vehicle

[@bumfluffmcregor3730]

The new car vertical ad is better the video comes up recommended on my screen and I see car vertical in the thumbnail and just press the video after it finishes to save an earbashing it's almost like it's not there

[@sang3Eta]

In the first 6 months the fault is assumed to have already existed by the small claims court and the dealer has to fix it or give a refund if the fault wasn't mentioned as part of the sale.

[@ChopsGarage]

Remember this entirely depends on what the issue is. A car with a fault is not a faulty car depending on its age and miles, the law allows for this

[@matt-analoguelife]

@@ChopsGarage Would this potentially include a Head Gasket failure on a Hyundai I40..?

[@angelaway9960]

He is entitled to nothing.

[@tonystrange7224]

on the deposit. She is entitled to her deposit back. The dealership was in breach of contract by exceeding the delivery date on 2 occasions.

[@rickorider]

A 2005 car is 17 years old! What can anyone expect! Why pay £290 for parking sensors on a car that age? The margin of the dealer must be very low. Ive just got rid of a Ford Focus which was a 2005 model. Only worth £500.

[@roystonvehicles9129]

Yeah, that's what I thought, 290 quid on sensors on a 2005 car, stupid.

[@rooftop8339]

Greedy people are always thick, short term thinkers.

[@TidyTransport]

Regarding the Volvo V40, with two issues being reported, I would very much accpet that the dealer is getting these issues sorted NOW, rather then having to wait or take the car back (or possibly having the car towed) to them to repair or resolve issues. If the customer signed an agreement, legally they can enforce that agreement. However, due to ongoing issues that this car has thrown up, It might be admisable to give the customer the option of choosing a different vehicle with the deposit payed thus far being transfered to the secondary vehicle. It's a question of moral choice rather then legally permissable action. I'd see if the original car is ready for the 2nd date, if not, i would be kicking off!!

[@neilgorin1037]

All purchases come under the CRA 2014 law that gives a 30 day short term right to reject, wherever you buy it, if a fault wasn't made clear at time of purchase - which would mean the dealer would have to have actually pointed out the fault.

[@priteshchampaneri5101]

I love story time, I’ve never clicked on a video so fast! 😂

[@simonelsey]

I brought a golf plus few years back ... Dealer said it got an Traction / Stability control issue ... the fix for dealer was take dashboard to bits and put black tape over it ......at time didnt notice as daughter in hospital needed car to get to hospital as mine had just had clutch go ... brought went to hospital ... got flat battery just whilst filling up with fuel at petrol station outside the hospital ..aa turned up (First 24 hrs breakdown not covered as within 24hrs) so paid for that , paid for new battery as was going to claim all this back ..at that time noticed the warning lamp had black tape on it .. got it back home took back to dealer refused to do refund .... Lucky my company used to spend a lot of money on vans from company once top director new who I worked for full refund + all my expenses some sales people are bell ends .....bypassing the sales department ...

[@callumthomas653]

Some people out there that would smash your yard to pieces all cars would be wrote off with a jcb getting political with people who needs a car for school work and shopping your gunnar piss the wrong people off soon

[@MrBigMalT]

I think Luke should have refused the car… the fact it was delivered filthy inside is an indication of low standards of quality control at the supplying dealer. Who knows what more serious faults they’ve missed or ignored.

[@grahamclark4518]

I've been in a similar situation that the Volvo lass was. In my case car was alright pre sign the form.......phone goes a couple of days later, the list of issues became quite long. I gave them the chance but as per dates kept being missed, didn`t get deposit back but I could see they'd spent way over initial deposit amount on trying to fix so couldn`t really argue

[@Hermantrueman]

More story times needed 👍

[@lynjames4306]

At the End of the Day the Dealer could not Supply the Vehicle, Sorry Deposit Should have been Returned, All the Issues we're From the Dealer, I would have Give her All the Money soon as the Extra work was needed, Absolutely A Stupid Dealer which she Was lucky not to purchase from Someone Like That 😡 Walk away 👍

[@pauharpe8464]

The grey area is him going at the roof with the mop..the dealer could say the customer damaged it

[@adamcrook9837]

Parking sensors are his choice so no refund.

[@tomhope4613]

Volvo I’d say she would be entitled to her deposit back as the garage have called off twice with faults………

[@neilwalsh4058]

I love your Story Times. Always excellent information, well presented and above all your fairness shines through. Dealers have historically been seen as charlatans, out to make a quick profit with little product knowledge or customer care after sales, but this is far from the truth. There'll always be one or two like that out there , but with improved customer rights, more social media and still good old fashioned conversation, these don't survive long. Great to see your view from the inside of the trade. You say it as it is , speak the truth and if I was in your area and wanted a vehicle , you'd be my first port of call.

[@ChopsGarage]

Many thanks, as you say in the vast majority of cases I get they dealer is doing their best to keep the customer happy

[@bikeman123]

Whats your thoughts on dealers starting extended warranties to that they run in parallel to their included warranty eg they advertise the car with 3months and buyer buys 12 months but it starts immediately so they pay for 12 but only get 9 months extra.

[@Ken-dr9gu]

If a dealer agreed to have the car ready by a set date and it is not ready to collect on that date Has HE not broken the contract and not the customer?.

[@presstodelete1165]

If it's delivered then it would come under distance selling regs.

[@tristanmorgan8407]

Great session thanks James, enjoy these sessions 😀😀

[@ChopsGarage]

Glad you enjoyed it

[@ianmead7712]

The reality is how much money does anyone won’t to spend on a 17/18 year old car unless it’s something special

[@johnelbro127]

Love your stories which are interesting and informative. Nice one. 👍👍👍👍👍

[@fatfreddyscoat7564]

Roof guy at the start … if he never saw the car before delivery and he bought it remotely then he’s protected by the distance selling regs. If, however, he inspected the car or saw it at the dealer first then he’s lost that protection. You don’t say whether Luke said if he’d seen it first or not: as it’s a local dealer it sounded to me like he may have seen it and then just wanted it delivered.

[@ianmead7712]

Most dealers tell you if the deposit is not refundable but most do refund as finance deal may not go through but they do tell you

[@TonyM444]

Great James, Enjoy these story times

[@johnmoruzzi7236]

With the last one on the 05 car with bad belt front brakes and misting, it was clearly a part-ex that someone was fed up with and wanted to trade in, and the dealer just sent it out to the new owner at a jacked up price without identifying or fixing any issues.

[@ChopsGarage]

Sounds but like it

[@deanj846]

A Good reputation takes ages to gain...but minutes to lose...

[@ChopsGarage]

Agreed

[@steveturnbull9542]

Number 2 holding onto the deposit may be legal but so is standing on public space outside garage and telling everyone going in to be careful. I have always asked for agreed and guaranteed delivery date when buying 2nd hand if they miss it they are then in breech.

[@colinmcnally5931]

Hi James. At the end of the day you need to go look at the car before you purchase. Sounds like they are local to him so really cant see why he had it delivered before seeing the car first ahnd and then coming to an agreement with the dealer prior to having it delivered or collected. The problem begins right there in my opinion!! Never buy on trust!!

[@davejones4804]

I guessed it was storytime just by the title as I thought it unlikely that anyone would say that to you! I'm surprised at what people go back to the garage for on something like a 2005 car! None of those issues I would have considered speaking to the garage about but I guess people are all different

[@presstodelete1165]

If they had a delivery time in writing then the dealer was in breach not the buyer.

[@Brusselpicker]

I hope I never sell a car to Wayne.

[@briansolomon6153]

dealer should have 3 attepts to fix the paint but buyer has 30 days to claim money back

[@stevo4649]

thankyou James another interesting video,every day is a school day, its good to get opinions such as yours and other knowledgeable commenters, 👌👍

[@flippingcarsrepairs]

Great video James 👍👍👍

[@davidvale8968]

Hi James, sure many of your viewers noticed how poorly cleaned used cars are since watching your channel so that’s a credit to you.

[@paulgray2387]

Luke should have collected the car. I would never accept delivery for the reasons stated…

[@zabb96]

Reject it under distance selling regulations

[@eskimojulie]

in the second scenario I would expect to get the deposit back but only because the dealer was not able to keep up their end of the bargain .Scenario 3 no refund for parking sensors but he needs to ask the garage if a refund is in order were they not able to fix the problem BEFORE agreeing to let them have it back to do the work as they have offered to refund OR have it back to do the work.

[@jamesroberts4836]

Hi James, at 20:58 you state that the trader has a chance to rectify the fault. This is only after 30 days. Up to 30 days it is assumed that the fault was present at the time of sale and the car can be rejected for a full refund. You don’t have to give the trader a chance to fix it. From 30 days to 6 months you do have to give the trader a chance to fix it.

[@fozzynation]

In reference to garages checking cars out that someone has just bought as a mechanic it’s my opinion that it’s our responsibility to make sure the car is in good condition for the customer as they are the main priority as they are the customer to the garage not the dealer

[@ChopsGarage]

I dont believe I said they needed to be customer to the dealer but I absolutely are aware of mechanics that deliberately pull cars apart just to be bloody minded rather than simply highlighting safety items (normally when they actually also retail cars themselves) setting new car levels of expectations for the customer that could never be met by any used car..

[@paulf2529]

The customer with the parking sensors could in my mind not expect the parking sensors to be refundable as this installation was commissioned by the customer.

[@barbaraneville5036]

He can return it under the sales of goods act Or he can ask for it to be repaired Either of those two would be correct A contract to buy a car on a certain date which the company failed to abide by ?? refund should be given .Aftermarket fitted parking sensors after the sale No chance of any money Only a refund for the car But did the garage who sorted the headlining have it in long enough to run a dehumidifier after the repair as it could be residual water

[@roystonvehicles9129]

Yes, you just can't change your mind, but if cars not ready then I'd have thought a refund would be reasonable.

[@marknucita8284]

Very interesting, quick question, when people put a deposit on a car they are going to view a t a dealership to reserve/secure it is it refundable if they don't like the car when they view it ?

[@andrewfoster1316]

perhaps she should be entitled to a refund but it should be stated on the reciept. i suppose every garage is different.

[@chrisblay]

There must be a point at which any delay between the customer paying a deposit and the car being available for collection becomes unreasonable. Also, what happens when the vehicle condition upon initial inspection is not comparable to the condition upon collection/delivery? I.e. damage done to the vehicle in the intervening time.

[@stevie007]

Story Time 😊😊 Haven't watched it yet but !!!!!!!!!! this is the time when James vents all his frustrations !!!!! but this upload is always guaranteed a dam bloody good watch ( Simple as ) 👌👌

[@garyjones5792]

yes

[@Ken-dr9gu]

Very interesting video James. I paused the video to make my comment about the dealer breaking the contract and just as I came back you made the same comment . 👍🙄

[@ChopsGarage]

Great minds lol

[@lloydjohnson4312]

Get a Chinese diesel heater.

[@andrewthompsonuk1]

The car was not as described, problems with the lacquer are not normal wear and tear. I think he should be entitled to a refund (as a distant purchase he should be able to get a refund regardless).

[@steveegginton535]

Interesting stories and outcomes. Its a bit of a minefield with used cars as the very fact they are "used" means they are not going to be pefect. Certainly older cars are bound to to be showing their age but some buyers expectations seem very high - the joys of selling used cars I guess!

[@roystonvehicles9129]

In winter if a cars damp inside after valleting I put a electric radiator in overnight

[@Alexgeorge106]

Hi buddy I brought a bmw from a reputable ex service car centre and wasn’t overly happy with it and returned it to the dealer and brought a ex ambulance Octavia scout and coughed up an extra 1750 on top. Due to not having enough prep time to Octavia was due for MOT the following day so I got a little off the price and booked it into local kwik fit for the following day. Car was running perfectly but after starting the car on the mot forecourt post test the car was hunting. They washed there hands and told me to jog on and it was apparently like this when it came in… can’t fault the dealer as they paid for the replacement parts but I just want to know what i did wrong or what you would do differently Thanks Russ

[@paulbooth1373]

I wondered where it had gone! (The chair)

[@DaleSteel]

Obviously refund. Distance selling act comes into play. This applies to all purchases not just cars

[@GAFBear]

A tied sock filled with kitty litter will cure the damp/moisture problem and then will show if there is a current leak within the car :)

[@paulb1034]

Yep, I suppose cats can pee in cars.

[@roytruett4646]

Very interesting James thank you

[@ChopsGarage]

Glad you enjoyed it

[@Iandean10]

He should definitely get it repainted or send it back

[@johnnie5wreckingyard]

Awesome got yourself a casting couch , looking forward to the new videos 😂

[@ChopsGarage]

lol!!!

[@jonricketts6570]

Oh oh story time feed up cuppa in hand love it James

[@seanmurray3633]

Are you sitting comfortably Oh goodie it’s story time

[@redmed10]

Thanks for pointing out 14 day distance selling regulations. Never seen this mentioned in a car advert. Just looking at some ebay adverts now and all say returns not accepted or not even mentioned. I guess you've got to educate yourself on your own rights and be prepared to stand up for them.

[@ChopsGarage]

Yes if you have a car delivered and they do NOT tell you your 14 day return rights it actually by law defaults to 12 months return rights!

[@user-dx4lf8ch2x]

Money back

[@johnmcmahon4364]

Hi James great video, very informative and entertaining, thanks

[@ianmead7712]

No refund as it’s a item you have asked to be fitted