“Rogue traders!
Further Message for Simon Collings
Simon, I'm writing to you to request the return of my deposit on grounds of unsatisfactory vehicle condition on collection. I am exercising my right to a refund within the cooling off period of 14 days under consumer law, consumer rights act 2015.
History
Following a visit to the unit today to collect the car I'd placed the deposit on I was dissapointed to see that the car was not in the roadworthy condition I had expected due to the advert in auto trader and the pictures of the vehicle provided within this advert.
The advert for the car stated that it was in 'great condition inside and out'
In fact the interior was terribly worn, with the seat belts being of major concern and bordering on dangerous.
The mechanisms were damaged and the passenger rear row has been taped up to be held together.
The other belts are so loose they could easily be opened with a light touch.
The seat belts themselves are all really slack across the waist and body to the point of being completely non supportive and downright dangerous in the event of an accident where a child would be in the back seats using the belts.
I was shocked at the state of these and deemed the car to not be in a roadworthy condition due to this, knowing that I couldn't put my young family safely in the back.
I didn't road test the car as I immediately wanted the return of my deposit and I talked with Dave about this, explicitly asking for my money back and stating the reasons for this.
I have been given the information that the deposit is none refundable.
Under the consumer rights act a customer has a cooling off period of 14 days when placing a distance order such as mine and is able to cancel by law within 14 days and receive return of any deposit made.
Consumer rights act is law and supercedes any local terms and conditions you have set out at your business about 'none refundable' deposit.
You even state on your receipt form 'the signing of this document does not and is not intended to affect the customers statutory rights under the sale of goods act 1979'
I wasn't advised of any pre contract information before placing the deposit, probably because my calls to talk about the car (of which there were many calls made) went unanswered.!
I was only given a receipt on Sunday 12th September on the afternoon as I asked for it.
A quick motor check on the evening before collection revealed the car to be a previous taxi in the Borough of London, this was concerning as taxis are known to have excessive wear and tear both mechanically and especially to the interior of the cabin due to constant use.
Regardless, I came to collect believing the interior to be in great condition as described per the advert.
Unfortunately it was obvious upon viewing that the car had received much harder use than usual and would not be suitable for use by my family, and that I could not in fact buy this car as it was not fit for purpose.
It is the sellers responsibility to advise the customer of any information that has a material impact on the decision to purchase a car, a full HPI check should have been completed that would have contained this information. The information from the HPI checks should have been displayed in the sale advert.
I can see that the auto trader advert has now been updated to state the ex business purposes use of the vehicle.
I was told that if it came to light that the information should have been included within the advert to be operating within consumer law then my deposit would faithfully be returned. I have a screenshot of both the original advert and the new.
My conversation with citizens advice today, has lead to a complaint being logged with Warwickshire trading standards. Coupled with the complaint that another customer has made this week that I'm aware of it will result in a visit to your unit. You could be forced to cease trading.
Please get back to me within the week with confirmation of the return of my deposit of £250 due to the extenuating circumstances involved.
If no response is received within this week I will leave this email as a negative review on your website and on all other reputable sites trust pilot etc clearly stating the mispractices at your premises.”
