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Jo C.
Jo C., Barrister
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Experience:  Over 5 years in practice
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I have part exchanged my Renault megane and purchase a Peugeot

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I have part exchanged my Renault megane and purchase a Peugeot 207. The dealer has rung and been verbally abusive as he is not happy with the traded in car. He is demanding the Peugeot back.

He took the megane for a test drive and looked under the bonnet. I paid the balance of the money in cash/debit card for the purchase.

Please advise.

With thanks

Shirley
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

What would you like to know about this please?
Customer: replied 2 years ago.


I


The dealer is demanding that I take the new car back and collect my previous car. I've part exchanged and paid in full for the new purchase. What are my rights please?

Expert:  Jo C. replied 2 years ago.
How did you describe your car when you handed it in?
Customer: replied 2 years ago.


He took it for a test drive and looked under the bonnet, I told him it didn't like starting in the damp.

Expert:  Jo C. replied 2 years ago.
Is he alleging you said anything untrue or misleading?
Customer: replied 2 years ago.


He's alleging that I didn't tell him the whole truth about the car.

Expert:  Jo C. replied 2 years ago.
Yes, but did you say anything untrue or misleading?

Was there a direct question that you failed to answer accurately?
Customer: replied 2 years ago.


Yes, there's an element of avoiding a question about the car

Expert:  Jo C. replied 2 years ago.
And what was that please?
Customer: replied 2 years ago.


He asked me about the car starting and whether it rattled, I answered him that it doesn't like the damp and that you need to keep your finger on the ignition button.

Expert:  Jo C. replied 2 years ago.
Thanks.

In what way is that untrue?
Customer: replied 2 years ago.


Untrue by avoiding answering the question in full. What I said wasn't untrue

Expert:  Jo C. replied 2 years ago.
Ok.

So would it be possible to tell me what was untrue or misleading?
Customer: replied 2 years ago.


The fact that when he asked me about whether the car rattled when starting I told him it didn't like the damp and you needed to keep your finger on the ignition button - the car does rattle intermittently

Expert:  Jo C. replied 2 years ago.
I'm sorry if I'm missing the point but I'm not sure what the misrepresentation is in that? What said was true and does not appear to mislead. Of course, there may well have been other faults with the car. Second hand cars do tend to have some fault of some form. The fact that you volunteered information about a particular fault and not about others doesn't amount to a misrepresentation per se.

In any event, he had the opportunity to inspect the car and he is the expert ultimately.

The only claim he has against you is in misrepresentation. He needs to prove that you said something during negotiations upon which he relied that was untrue or misleading. He doesn't actually even seem to be complaining of that. Its just a general complaint that he is unhappy which is very unfortunate but not unlawful.

Even if he does sue in misrepresentation, he will only get the diminution value of the car. Its not likely that he would get the whole deal rescinded and that is always supposing he does sue. Its very easy to threaten legal action and a lot harder to take it.

Can I clarify anything for you?

Jo
Customer: replied 2 years ago.


Thank you Jo, that's very helpful and enables me to respond to him tomorrow.


 


It's just slightly overwhelming when someone is aggressive and intimidating.


 


Thanks again for the clarity.


 


Best wishes.


 


Shirley

Expert:  Jo C. replied 2 years ago.
Yes, i know. Most disputes are resolved by people shouting the odds but, in the end, if people refuse to give in then they have to either go to court or lump it!

No problem and all the best.

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