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Author I have no luck with cars :( UPDATED
Brett
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Registered: 16th Dec 02
Location: Manchester
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3rd Feb 10 at 12:07   View Garage View User's Profile U2U Member Reply With Quote

It actually comes up like this with that registration on autotrader, so I think he's telling porkies.

Toby
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Registered: 29th Nov 05
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3rd Feb 10 at 12:11   View Garage View User's Profile U2U Member Reply With Quote

its his fault tell him to stick it and your going to ring trading standards under 'Sales of good act'

Wherever goods are bought they must "conform to contract". This means they must be as described, fit for purpose and of satisfactory quality

See - 'as described'

and also - It is the seller, not the manufacturer, who is responsible if goods do not conform to contract.

http://www.berr.gov.uk/whatwedo/consumers/fact-sheets/page38311.html

In my eyes your laughing

[Edited on 03-02-2010 by Toby]
Fro
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Registered: 20th Jun 06
Location: Rainham, Essex Drives: A3 2.0TDi Sport
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3rd Feb 10 at 12:11   View User's Profile U2U Member Reply With Quote

Go kick some ass.
A2H GO
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Registered: 14th Sep 04
Location: Stoke
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3rd Feb 10 at 12:12   View User's Profile U2U Member Reply With Quote

Brett thats jsut what ive been trying to do but didnt have an Autotrader account.

Ive also found out;

Trades description Act (1968).

You as a customer should not have to research what a seller is selling to check it is what they say it is.

Hes calling me back shortly so i will mention both points.
atz_49
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Registered: 17th May 05
Location: Midlands Drives: 350Z
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3rd Feb 10 at 12:13   View User's Profile U2U Member Reply With Quote

Try being a little more assertive. As mentioned, it doesn't automatically come up as a 120 when typed into autotrader. See what his reply to that it is.

If he really is being an arse, bring the phrases 'Trade Description Act' followed by 'Small Claims Court' to the party and watch him backtrack.
A2H GO
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Registered: 14th Sep 04
Location: Stoke
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3rd Feb 10 at 12:13   View User's Profile U2U Member Reply With Quote

quote:
Originally posted by Toby
its his fault tell him to stick it and your going to ring trading standards under 'Sales of good act'

Wherever goods are bought they must "conform to contract". This means they must be as described, fit for purpose and of satisfactory quality

See - 'as described'

and also - It is the seller, not the manufacturer, who is responsible if goods do not conform to contract.

http://www.berr.gov.uk/whatwedo/consumers/fact-sheets/page38311.html

In my eyes your laughing

[Edited on 03-02-2010 by Toby]


Thanks Toby, more amunition.
A2H GO
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Registered: 14th Sep 04
Location: Stoke
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3rd Feb 10 at 12:15   View User's Profile U2U Member Reply With Quote

quote:
Originally posted by atz_49
Try being a little more assertive. As mentioned, it doesn't automatically come up as a 120 when typed into autotrader. See what his reply to that it is.

If he really is being an arse, bring the phrases 'Trade Description Act' followed by 'Small Claims Court' to the party and watch him backtrack.


I will now i know, i said a saw it on PH anyway and that ive sold tens of cars on there and it doesnt automatically come up from the numberplate, he stumbled at that but then kept going back to Autotrader. When he said its not his mistake either i mentioned that Trading Standards wouldnt see it this way.
A2H GO
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Registered: 14th Sep 04
Location: Stoke
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3rd Feb 10 at 12:33   View User's Profile U2U Member Reply With Quote

Just spoke to him again ,explained abou the autotrader not selecting the car for him etc, he asked me if im accusing him of lying. He said if i give him £9.5 for the other car he will car it quits but i havent got another £2k to splash out! I said i will take it to the small claims court and he said in his words, 'The next time we speak will be when im laughing at you in court then'.
daymoon
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Registered: 1st Aug 08
Location: Selby, North Yorkshire
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3rd Feb 10 at 12:36   View Garage View User's Profile U2U Member Reply With Quote

He missold you a car. He is a trader.

You win imho, it's just a lot of hassle.
Fro
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Registered: 20th Jun 06
Location: Rainham, Essex Drives: A3 2.0TDi Sport
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3rd Feb 10 at 12:36   View User's Profile U2U Member Reply With Quote

Take him to court then mate, he's asking for it tbh.
A2H GO
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Registered: 14th Sep 04
Location: Stoke
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3rd Feb 10 at 12:40   View User's Profile U2U Member Reply With Quote

Anybody know the process, cant say im familiar with it?
GF-91
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Registered: 8th Jul 09
Location: Burnley!
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3rd Feb 10 at 12:43   View User's Profile U2U Member Reply With Quote

Get your solicitor on it. The people above him will probably be very unhappy with hearing from a solicitor. Good luck.


Tom
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Registered: 3rd Apr 02
Location: Wirral, Merseyside
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3rd Feb 10 at 12:45   View User's Profile U2U Member Reply With Quote

What a bellend, looks like you'll have to take it through the small claims court. Don't be put off by the process, go and get some advice and follow it.
A2H GO
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Registered: 14th Sep 04
Location: Stoke
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3rd Feb 10 at 12:49   View User's Profile U2U Member Reply With Quote

The thing that worries me is if it goes the other way i could be even more out of pocket and i pushed myself financially to buy the car in the first place.
Dan.H
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Registered: 2nd Sep 07
Location: middlesbrough
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3rd Feb 10 at 12:52   View User's Profile U2U Member Reply With Quote

It will not go the other way he is in the wrong
bubble
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Registered: 24th Jan 04
Location: Darwin, NT Australia.
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3rd Feb 10 at 12:55   View User's Profile U2U Member Reply With Quote

he has no leg stand on. i used sell cars as u know ash, and if it is advertised as the 150 variant, and its a 120 variant, he hasnt a leg to stand on!

imagine buying a house advertised as a 4 bedroom, and when u move in it is a 2 bedroom-same circumstance, and it will dictate that ur right, and he is wrong.
A2H GO
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Registered: 14th Sep 04
Location: Stoke
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3rd Feb 10 at 12:57   View User's Profile U2U Member Reply With Quote

Cheers Bubble, i have a copy of the advert on AT and PH, screenshots as proof, will this be enough, he could say i tampered with them?
pow
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Registered: 11th Sep 06
Location: Hazlemere, Buckinghamshire
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3rd Feb 10 at 12:59   View Garage View User's Profile U2U Member Reply With Quote

AT and PH will have a record of them
A2H GO
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Registered: 14th Sep 04
Location: Stoke
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3rd Feb 10 at 13:01   View User's Profile U2U Member Reply With Quote

quote:
Originally posted by pow
AT and PH will have a record of them


Ideal.

I also have a copy of these emails from Monday Night, the title couldnt be more obvious and they even contain a link to the actual car:



Sent from my iPhone

Begin forwarded message:

> From: Adam Ray <brownroyd.motors@hotmail.co.uk>
> Date: 1 February 2010 20:33:29 GMT
> To: <ash.182.go@googlemail.com>
> Subject: RE: 'VAUXHALL ASTRA 1.9 CDTI 16V SRI [150] 3DR++EXTERIOR PACK++,' at PistonHeads.com
>
> Hi
>
> I can assure this is the cheapest 07 reg Astra with a exterior pack, with the upgrade 18" alloy wheels and low mileags. So im afraid the lowest we would consider is £7600.
>
> Kind Regards
>
> Adam
>
> From: ash.182.go@googlemail.com
> To: brownroyd.motors@hotmail.co.uk
> Subject: Re: 'VAUXHALL ASTRA 1.9 CDTI 16V SRI [150] 3DR++EXTERIOR PACK++,' at PistonHeads.com
> Date: Mon, 1 Feb 2010 19:56:56 +0000
>
> Thanks for your reply Adam. I was due to go and look at a silver one local to me priced at £7000 tomorow but I was ideally after black. At a push I could get £7400 for tomorrow subject to viewing the car?
>
> Bearing in mind it would be a simple straight cash prurchase.
>
> Regards
> Ashley
>
> Sent from my iPhone
>
> On 1 Feb 2010, at 19:48, Adam Ray <brownroyd.motors@hotmail.co.uk> wrote:
>
> Hi Ashley
>
> Thank you for your offer, but im a afraid your offer is a little too low. The lowest if consider would be £7600.
>
> Kind Regards
>
> Adam
> 01274 496444
>
> > From: ash.182.go@googlemail.com
> > To: brownroyd.motors@hotmail.co.uk
> > Subject: RE: 'VAUXHALL ASTRA 1.9 CDTI 16V SRI [150] 3DR++EXTERIOR PACK++,' at PistonHeads.com
> > Date: Mon, 1 Feb 2010 198:54 +0000
> >
> > http://www.pistonheads.com/sales/1474438.htm
> >
> > Hello,
> >
> > Would you accept £7300 cash for the Astra if i came to collect it tomorrow?
> >
> > Kind Regards
> > Ashley
> >
> > My Phone No: 07779325657
> >
Chris x
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Registered: 11th Sep 08
Location: Bexhill
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3rd Feb 10 at 13:15   View User's Profile U2U Member Reply With Quote

What a twat. Take him to court the supid cunt!

[Edited on 03-02-2010 by Chris x]
A2H GO
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Registered: 14th Sep 04
Location: Stoke
User status: Offline
3rd Feb 10 at 13:16   View User's Profile U2U Member Reply With Quote

Consumer direct say i need to write aletter to the garage first requesting a full refund. Give then 14 days to respond, if i get a negative/no response i have to call them again.
adiohead
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Registered: 28th Sep 01
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3rd Feb 10 at 13:22   View User's Profile U2U Member Reply With Quote

ask to speak to manager. threaten to sue.

if they do nothing.... sue

suing is fun! i've sued twice and won twice.

[Edited on 03-02-2010 by adiohead]
!_roderzz_!
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Registered: 27th Dec 06
Location: Bristol
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3rd Feb 10 at 13:22   View User's Profile U2U Member Reply With Quote

really hope you take him to small claims. if he says il be laughing at you as well!!! thats outragous!! he as a seller should have made all the checks and not relied on a website. this is completly your fault. get as much info from trading standards!! might be worth a phone call!!! what a dick.
DaveyLC
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Registered: 8th Oct 08
Location: Berkshire
User status: Offline
3rd Feb 10 at 13:22   View User's Profile U2U Member Reply With Quote

quote:
Originally posted by CorsAsh-Sport
UPDATE:

He says hes sent the log book off and now the car will hav two owners and therefore depreciated £250-£300 plus he says hes paid £250 to put 3 months warrenty on the car, he says he will take it back but i would have to cover these costs. I explained this is not my mistake, to which he agreed but said it wasnt his either, we both didnt spot it, he said he had no idea it was a 120bhp as there is no mention on the log book etc and it came up as a 150bhp on Auto trader when he put the plate in.

[Edited on 03-02-2010 by CorsAsh-Sport]


Tell him no problem, you'll just take the £750 depreciation in value for it suddenly going from 150bhp to 120bhp.
!_roderzz_!
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Registered: 27th Dec 06
Location: Bristol
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3rd Feb 10 at 13:23   View User's Profile U2U Member Reply With Quote

not your fault i meant his fault..

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