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dodgy car sale


Andre D

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thanks jay could you tell me the test station as i would like to speak to them regarding the retest that the dealer swears was done, also i want to let them know not to be swayed into giving a retest pass with the car 200 miles away, i cannot get the info from .gov for another 5 days and dont have the v5c

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Sorry to hear of your ownership woes, having failed on the emissions I would have asked to see a receipt for work done to rectify the issue. A replacement tyre is easy spot to check if it's been replaced. Also the emissions print out would have been available had it passed on the day, there's no delay in providing this. 

 

I would rate the garage online in as many places as you can (Facebook, Google, Autotrader) honestly and move on. They'd knowingly done you wrong and even if they rectify the matter, that won't help the next unsuspecting buyer. Plus your time and effort to get the car back, and most likely will need to leave the car there and would you really want that type of trader working on your car? Luckily it's not massive repairs to put right, I know it's not he point but lesson learnt.

Edited by davey_83
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hi davey all i saw was the new tyre fitted they had no failure sheet or emissions sheet or mot. i was simply told they would post me the mot. i am going to continue with the credit card dispute and being that the car has no mot they will have to come down and pick the car up on trade plates, so far to replace de-cats with cats and exhaust plus fitting and mot i think its around £1250-1500. i wont accept 2nd hand nissan cats as they could be on last legs. So i think they will opt for refunding but we will see tomorrow

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It's really @*!# when something like this happens, puts such a downer on things.

 

Hope it all gets sorted @Andre D

 

As others have said I would be looking for a refund personally, especially as its going to cost so much to rectify. In that sense you're lucky you've paid on credit card, that will help sort things out.

 

Also probably a lesson learned in terms of trusting car dealers I guess.

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3 hours ago, Andre D said:

So i think they will opt for refunding but we will see tomorrow

I wouldn't be so sure of that. Even if they accept the whole exhaust needs to be replaced (and I'm not convinced of that at all) it'll cost them considerably more than £1,500 to collect, fix, re-stock and re-sell the car.

Even if they are the dodgiest dealer outside of Keighley and decide not to fix it, it's still likely to cost more than that to collect, re-stock & re-sell.

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44 minutes ago, ilogikal1 said:

I wouldn't be so sure of that. Even if they accept the whole exhaust needs to be replaced (and I'm not convinced of that at all) it'll cost them considerably more than £1,500 to collect, fix, re-stock and re-sell the car.

Even if they are the dodgiest dealer outside of Keighley and decide not to fix it, it's still likely to cost more than that to collect, re-stock & re-sell.

not sure what you mean, i can assure you to get through an mot this custom straight thru junk exhaust will need to be changed, as for refund the cc company are on it and with the physical evidence i have i will get it. now if your saying they are more likely to opt for the cost of repair and mot then thats my choice to accept or not. At this stage im more inclined for a refund and buy a decent car from an enthusiast on this site, which i should have done in the first place

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Couple of things...

 

1. Who collects a car and doesn't check it's got a valid MOT cert with it?! They're issued on the spot, there was no excuse for him not to give it to you and you were a numpty for driving off without it. As it transpires, you were driving all the way home with a valid MOT, which (in the eyes of the law) is 100% your fault. If nothing else, learn this lesson from this saga!

 

2. Okay, telling off out of the way I'll be more helpful. :)

 

There's two ways to go about this. One is the strict legal way, one is the practical way. Up to you which you choose.

LEGAL

Stop driving the car (obvs you're doing this anyway, but worth noting for others). Collect any and all data with regards to when you've spoken to them, who you spoke to, what day & time etc and write EVERYTHING down. Send a letter with all this to both your CC company but more importantly to the garage, and state that you are enacting your rights under the CRA 2015 to return the car for a full refund as you are well within the 30 day time period for this. Explain the fault, explain they've done nothing to make good, so refund time it is. Be clear, concise and not abusive: You may well rely on this letter in court, so imagine everything you say to them is going to be read by a judge. Send this letter by Special Delivery (not recorded!) and tell them that if they fail to respond within 5 working days that you will proceed with court proceedings. I assume at this point the value is less than £10K. After that, we'll go from there.

PRACTICAL

Have you called them? On the phone? Many people don't, and it's amazing what can be sorted out by just being polite on a phone call. Do this. Be nice, be friendly, be chatty, be their friend: You may think they're idiots and trying to rip you off, but at the end of the day you just want a car that works and if biting your tongue achieves that then that's what you'll do. You can post dog sh*t through their door once you're sorted, if that makes you feel better ;) Tell them you know it has no MOT, and you just want it to pass one so what will they do to get this sorted? Really a set of cats will do the job, and a bulb for the number plate you can do yourself, so why not get them to send the bits down to a local garage to fit and then MOT it, then you're done? Minimal effort to you, minimal cost to them, everyone's happy.

 

And ffs man, name and shame!

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1 hour ago, Rikz2004 said:

It's really @*!# when something like this happens, puts such a downer on things.

 

Hope it all gets sorted @Andre D

 

As others have said I would be looking for a refund personally, especially as its going to cost so much to rectify. In that sense you're lucky you've paid on credit card, that will help sort things out.

 

Also probably a lesson learned in terms of trusting car dealers I guess.

thanks Rik, TRUST is the word, and i did and got bitten, they assured me if i travelled up i would be happy with the car and that they were 100% honest and its a family business, AA approved is what done it for me. i thought it would mean honesty i was so so wrong, im 52 and no stranger to buying exotic cars and bikes but i have honestly never been bitten like this.

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hi Ekona telling off squarely taken on the chin and deserved. i am talking to them on whatsapp and no not on phone, text as everything said is recorded and i can print it off, i already have them admitting fault in text. as for name and shame well ok its    Leo's car sales uk ltd       based near mansfield  they are still saying its an honest mistake and they will sort it. in all honesty all electrics on the car work fine the engine after i did a complete reset of everything sounds sweet, im not after making a profit or getting one over on the dealer 2x cats may sort it if i can connect to the custom exhaust thats on there. thing is i have no ability to lift the car to have a good look the "Y" pipe is painted black and is not a "Y" shape its more like an "n" lol i not seen anything like it. anyway legally the cc company will have all they need and they told me they will refund and then investigate so i dont forsee any issue. thanks for the advice and telling off. lesson learnt believe me.

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:) Sounds promising then. 

 

Always worth remembering that even companies make mistakes, and they may have been spun a lie by their MOT tester and did not know about the issues, so just need a bit of time to fix the troubles. Not all companies are bad.

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4 hours ago, The Bounty Bar Kid said:

Saw that bit but was wondering how Jay84 did it as he wouldn't have had that information.

Yeah I didn't have the info, but a site manager or tester can get any mot certificate reprinted, which will have the original test station on it. 

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Sorry to read this, there is no way it would ever pass and MOT with DeCATs on.

 

They are great cars and worth the effort but it does sound like you've been done over a bit.

 

As per everyone else's comments, see what the seller says, if you aren't happy with the offer, reject the car and the seller and the credit card company are both liable in their own right for your refund.

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just spoke to mot station and car was never retested and now the dealer is not answering me!!!! credit card company have sent me a form to fill in which i need to include supporting evidence. looks like the dealer has put there head in the sand now. starting to get a little worried, evidence wise i have our conversation print out and also .gov mot failure, i dont have fail sheet from garage or anything else. a phone call to trading standards now i think

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1 hour ago, Andre D said:

just spoke to mot station and car was never retested and now the dealer is not answering me!!!! credit card company have sent me a form to fill in which i need to include supporting evidence. looks like the dealer has put there head in the sand now. starting to get a little worried, evidence wise i have our conversation print out and also .gov mot failure, i dont have fail sheet from garage or anything else. a phone call to trading standards now i think

Don't worry, credit cards are insured and they will refund you under section 75 whatever the seller does. They have mis-sold you the car as it isn't even road legal to drive so its black and white!

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thanks Ricky i have an update. after texting dealer that i spoke to garage they come back to me asking what they could do to put right, i have got a quote for new sports cats at 450 and my garage will fit and do mot for 150 so 600 quid in total. the cats should sort the noise and emissions issue, my garage are going to look at it tomorrow to make sure its a straight forward fit with no surprises and take photos of exhaust. the dealer wants the garage to email them the quote.to be honest im getting a little pi**ed off im doing all this leg work to put right what should not have happened. Basically i am very torn between getting it sorted and getting a refund and getting a different car with no hassles what do you guys think

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Be very careful with sports cats, there is absolutely no guarantee they will pass emissions and likely to throw a engine management light.  If you want to go sports cats do it after and get some 2nd cats to get you through the mot, try Keyser or Zmanalex on here for 2nd hand cats! You are just asking for another headache if the sports cats fail.

 

Doesnt mean you cant bill the dealer for the sports cats of course as a reasonable replacement, seeing as he has had your pants down ;)

Edited by Jetpilot
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I don’t think I’ve ever heard of oem cats failing on the 350. I’m sure they have, but it’s less than 1%. Unlike hfcs which seem to be about 50% failure rate! 

 

Make the other garage supply whatever cats though, don’t buy them yourself. Otherwise if/when they fail you know who’s going to get the blame...

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1 hour ago, Andre D said:

thanks Ricky i have an update. after texting dealer that i spoke to garage they come back to me asking what they could do to put right, i have got a quote for new sports cats at 450 and my garage will fit and do mot for 150 so 600 quid in total. the cats should sort the noise and emissions issue, my garage are going to look at it tomorrow to make sure its a straight forward fit with no surprises and take photos of exhaust. the dealer wants the garage to email them the quote.to be honest im getting a little pi**ed off im doing all this leg work to put right what should not have happened. Basically i am very torn between getting it sorted and getting a refund and getting a different car with no hassles what do you guys think

I hate to say I told you so.... so I won't. :p

 

Sorry, on a more useful note; why are you looking at 2nd hand cats, but brand new sports cats? Get Nissan to provide a quote for a new set of standard cats or another garage to provide a quote for an new set of OEM equivalents. If the dealer doesn't want to pay for that then fine; you reject the car, get a full refund and walk away.

Edited by ilogikal1
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