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      06-19-2012, 10:33 AM   #1
mikeysix
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Some advice needed please

Hi all. I hoped i would be able to sort this out myself but its really dragging on now so here goes.

The missus and i bought a 04 plate bmw x3 2.5 back at the start of january from a garage just outside manchester. We live in fife so it was a little bit of a trek but the car looked great and the salesman was great over the phone and during the sale. Anyway we picked the car up paid our 8500 and headed on our merry way. Within the 1st week we had the engine management light come on but the car drove fine. Next day it was gone and all seemed well, every now and then we would get the same light but no difference in performance. Then after about a month we were going along the motorway and the car lit up like a christmas tree, into limp mode it went into the hard shoulder we went. Turned off gave it 5 started again and all was fine? The car drove well for another month but its the first car we had without warranty and it was making us nervous.

So as i was getting itchy for a new car again i decided to call the garage back and see if they would buy it back from us, they offered to resell the car on our behalf for the sum of 500 quid and would advertise at 8500 again, perfect i thought no hassle for me trying too sell. A couple of weeks went by and the car had a few serious buyers so i drove the car to manchester left it with them being told it was 99% sold and id have my money by next week. Oh during that 2 weeks of being up for sale the sales guy thought we should maybe drop the price too 8000, 7500 to me just because i wanted shot of it.When i dropped the car off im told the guy buying it wanted a little discount so 7350 would be coming to me, now i hate being put on the spot so just agreed but not really what i wanted to hear. So new customer liked and bought the car off he went and im promised my money is coming.

Anyway a few weeks past and lots of sleep lost, plenty phone calls chasing them still no money. Eventually i get a call from them saying the customer has brought the car back as it had engine fault light, exactly what i had. At this point im told that the 2 month warranty they had given me at point of sale which i was never told about had run out by 2 weeks. I explained that during my short ownership i had the same fault but you never told me about any warranty or i would of called and have you repair it. They wanted too transfer 7000 and keep 350 for the repair. I was very upset but had no choice. They gave me the 7000 and promised that the balance would be sorted out once they knew what was wrong.

Anyway that was in march i gave them the car back after just over 2 months ownership, ive called the garage so many times its unreal they just keep telling me we will get it sorted and call you back. The salesman that dealt with me is too ashamed too talk to me now and feels terrible for how we have been treated. On one occasion of calling i lost my temper and finally got to speak to the boss who really doesnt seem like he wants too help during that conversation he stated that they actually did sell the car for 8000 so they had lied to me about that. I got the usual once they get the car fixed theyll sort out my money but i could get a chance too tell him they agreed 500 commision and not 650!. Since we bought the car and sold it back we are down 1500 pound.

I really dont know what to do, we just want our 500 to make it 7500 as was agreed and i can get on with our lifes!

I hope this makes sense cause ive lost the plot with it myself

Cheers guys

Mikey
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      06-19-2012, 12:41 PM   #2
davyk31
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Any trade seller needs to give you at least three months warranty so the two month thing is rubbish.

Well worded polite and very detailed letter is needed. Let them know you have loads of detail, give them 7 days to pay or you instigate a case through small claims court. It's a simple process.
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      06-19-2012, 12:45 PM   #3
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Also ask in your letter for their copy invoice to prove the sale price giving the reason that you are confused as the owner told you the sale price was 8000.
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      06-19-2012, 02:08 PM   #4
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Sorry i'm of no help and feel for your situation, but dealing with these "we'll sell your car for you" idiots is asking for trouble from the start...

My now X girlfriend put her car into one of these places who were as nice as pie until they got the car in the garage, promised they'd sell it for more than she was asking but they'd keep what they made on it plus taking money from her, I ended up having to go down and take the car back after months of "don't worry we have someone interested" crap!
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      06-19-2012, 03:57 PM   #5
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Originally Posted by davyk31 View Post
Any trade seller needs to give you at least three months warranty so the two month thing is rubbish.

Well worded polite and very detailed letter is needed. Let them know you have loads of detail, give them 7 days to pay or you instigate a case through small claims court. It's a simple process.
Thanks for the advice mate, thats what i was thinking about doing next. I have no clue if i have any legal rights but i guess it could come down to my word against theres. They are meant to phone me this week as it had been to the main dealer to be diagnosed then they were waiting on the part. Its just a shame its come down to this as they were great through the buying process, they have a good stock of high end cars also and the boss is clearly minted! 500 quid is pocket money to him which he actually said over the phone but its a lot of money to me.
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      06-19-2012, 03:59 PM   #6
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Originally Posted by DavS1 View Post
Sorry i'm of no help and feel for your situation, but dealing with these "we'll sell your car for you" idiots is asking for trouble from the start...

My now X girlfriend put her car into one of these places who were as nice as pie until they got the car in the garage, promised they'd sell it for more than she was asking but they'd keep what they made on it plus taking money from her, I ended up having to go down and take the car back after months of "don't worry we have someone interested" crap!
I would normally stear clear of those kind of places too mate but really trusted them and the salesman who i dealt with said its not how they do business but obviously the boss is digging his heals in.
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      06-19-2012, 04:05 PM   #7
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The beauty of small claims court is that as the claimant you nominate where the case is heard by virtue of which court you lodge the claim at. So, if you're based a long way from the defendant in many cases (where the value of the claim is low) the defendant is motivated to settle out of court to save a ballache of a journey.
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      06-19-2012, 04:11 PM   #8
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The beauty of small claims court is that as the claimant you nominate where the case is heard by virtue of which court you lodge the claim at. So, if you're based a long way from the defendant in many cases (where the value of the claim is low) the defendant is motivated to settle out of court to save a ballache of a journey.
Glad you dropped in shep! That piece of information could also prove very usefull. Ill give it too the end of the week too see if i hear anything. Should i say over the phone that im going to take them to court? What would i happen if i lost? I have no written evidence or invoice for when i sold the car back to them. Only bank statements would prove transfers. I never could ever of dreamed they would try an shaft me like this. Should i mention there name too see if anyone else has had bother?
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      06-19-2012, 04:38 PM   #9
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What do you have in writing?

As it could be your word against theirs in terms of what was agreed. That could make your case harder.
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      06-19-2012, 04:42 PM   #10
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I would definitely put them on notice that if they don't settle of their own accord (making sure you set them a reasonable deadline by which to do so) then you'll proceed to SCC - they need to know that you aren't messing around and will be prepared to go as far as necessary.

They will be counting on you puffing out your chest and banging the table. But with obstinate fucks like this, that rarely gets results. So, you need to have the next step up your sleeve, ready to go.
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      06-19-2012, 05:09 PM   #11
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Read this with interest. Not the same as my current situation but I'm also currently trying to get money back from a trader, all be it the paltry sum of 168.

What I've discovered about these guys is that no matter how minted they are they will do everything they can to hold onto 2p if they think you can be fobbed off. They are competitive as hell and it gets that it's just about winning to them.

Play them at their own game, don't make it easy for them to pick your pocket. Go to SCC and follow all the good advice the other posters have given. I got advice from here on my problem and it's serving me well.
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      06-19-2012, 05:17 PM   #12
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Originally Posted by mowflow View Post
Read this with interest. Not the same as my current situation but I'm also currently trying to get money back from a trader, all be it the paltry sum of 168.

What I've discovered about these guys is that no matter how minted they are they will do everything they can to hold onto 2p if they think you can be fobbed off. They are competitive as hell and it gets that it's just about winning to them.

Play them at their own game, don't make it easy for them to pick your pocket. Go to SCC and follow all the good advice the other posters have given. I got advice from here on my problem and it's serving me well.
Yeh i have been reading your thread bud. Its a shite state of affairs and your posts was really what tipped me to share my problem. Theres great advice on here from a lot of good lads which really helps when your out of your depth.
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