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Hi thanks for your question. My name is***** can assist with this.
ok. have you read my outline situatuon? do you have any questions on the detail? what is your advice?
All I need to know, to be sure, is whether they told you before you bought the car that it had not had an accident and whether you would have purchased it anyway had they told you it had?
yes, they told me over the phone, and see the emial below that confirms this in email...
this is his reply to my first email...
StartSelection(###) ###-####EndSelection(###) ###-####------ Forwarded Message From: Paul O'Toole <*****@******.***> Date: Tue, 24 Jun 2014 14:00:49 +0100 To: ***** ***** <*****@******.***> Subject: RE: Invoice for Roden Hi Ralph Thank you for your contact today, I am fine thank you but now I am shocked to hear your concerns about the car you purchased from me. First of all I must say that I was not aware of any damage to the car as we carry out Experian checks out on all our cars that we buy in order to make sure that they are Road worthy and free from these types of issues. What I will say is that I will do my best to clarify this issue and come back to you soon after speaking with my manager today. Once again I am so sorry for this. Chat soon Kind Regards, Paul M O'Toole Sales Executive Stratstone Jaguar, Manchester
second email yesterday...
StartSelection(###) ###-####EndSelection(###) ###-####------ Forwarded Message From: Paul O'Toole <*****@******.***> Date: Tue, 24 Jun 2014 15:56:03 +0100 To: ***** ***** <*****@******.***> Subject: BMW X5 Afternoon Ralph I have just spoken with my Manager about your query on the X5 you purchased. To put your mind at rest the car has not had any major damage but the car has had a few light scratches painted. Apparently our DP had the car Bumped in a supermarket and the repair was carried out to manufactures standards as this was a very low speed bump under 5 mph. All cars purchased are checked out by Experian & all mileage checks are carried out to make sure the used cars we buy are as perfect as can be & ready for our new owners. This is the Stratstone way. I trust this is the answer you were looking for. If I can be of any help please contact me and I will get back to you by return. Hope you have a great day. Kind Regards, Paul M O'Toole Sales Executive
StartSelection(###) ###-####EndSelection(###) ###-#### ------ Forwarded Message From: Ralph Roden <*****@******.***> Date: Wed, 25 Jun 2014 12:48:34 +0400 To: ***** ***** <*****@******.***> Conversation: BMW X5 Subject: Re: BMW X5 Hi Paul, Thanks for your reply. I am indeed disappointed to hear that A. the car was previously damaged, and B. that your management failed to furnish you with this information prior to sale of the X5. Furthermore, the 2 visible issues (over spray on the plastic molding of the wheel arch + the paint coming off the wheel arch to reveal a white plastic below) can’t be repair carried out to manufactures standards. But this isn’t the real issue. The real issue is I bought a car from Stratstone on the understanding it was accident free. It transpires that it is not accident free. Slightly more surprising is that the accident happened in the hands of a Stratstone DP and therefore presumably therefore repaired within Stratstone. And yet the information wasn't shared with you prior to sale. This therefore has to represent a lapse in quality control of some sort, resulting in a car with accident damage being sold as an accident free car. Paul, both you and I believed I was buying a car that was free from any accident damage. The reality is, this information is incorrect and the car had previous accident damage. And accident damage that wasn’t well repaired. The absolute truth is, had you told me the car had damage, regardless of how light or heavy, I assure I would not have proceed with buying the car. If your DP made a mistake and overlooked sharing the fact that the car has accident damage with you prior to sale, I don't believe this is a mistake that I should end up paying for. So in summary...
Paul, I didn't buy a car that was involved in an accident. I don't want a car that was involved in an accident. I am astonished that I find myself in this situation with a reputable dealer. I therefore suggest one two options as a way forward...
In the meantime, and in the absence of absolute clarity of the accident history of the car I will not be driving it. I look forward to hearing from you on the above asap please. Ralph Roden
OKay. Then if you wouldn't have purchased it but for the fact you were told it had no accidents, then you may be able to claim misrepresentation.
This would entitle you to return the vehicle and demand your money back in full.
This is on the basis that the true state of the vehicle (whether told to you innocently, as they say, or otherwise) was misrepresented to you.
ok, thanks. what shoudl my next step be? contact a specific type of lawyer? how long do you think it would take?
Do you want your money back? What did you pay?
28,626 english pounds.
on the basis that theyve handled it poorly, yes id liek a full refund and return the car.
Then yes, you should go and see a solicitor. The amount is high and you would be in the "proper" court system.
As such, you're at risk of costs if you lose, which could make your liability closer to £100k. I would strong suggest you go and see a solicitor to look through this in detail.
ok, i'll have a look/think.
Thank you. Is there anything more you would like me to address for you?
Okay, thank you. Are you happy with my service today please?