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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70715
Experience:  Over 5 years in practice
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Yesterday (17th September) I purchased Mercedes Benz S350

Resolved Question:

Yesterday (17th September) I purchased Mercedes Benz S350 from Hi Calibre Cars of Fareham Hants. I traded in my 2007 Lexus GS 450h for £6250 and paid the balance of the £18000 asking price by online transfer from my bank. The Lexus, purchased from a very reputable dealer last December for £12,425, had just had new brakes and a full health check from Lexus Twickenham at cost of £1700, it also had a pre-sale RAC inspection and received a new MOT last May. The car had very little use because my wife's new wheel chair (she has M.S.) would not fit into the boot making us rely on our elderly Toyota Yaris hatchback, which does take the wheelchair. For some time we had been searching for a larger car with a big enough boot that would be comfortable for longer journeys and the Mercedes ticked all the boxes.
As I am nearly 82, my wife insisted that I took a motor mechanic friend,( who knows the functions of the myriad of switches and buttons), to drive the car back to West Sussex, for me. He drove the Lexus to Hi Calibre Cars arriving about 4pm. Our friend examined and test drove the Mercedes and I went ahead to purchase. All the paperwork took a very long time and it was almost dark when we left. As we left, Mr.Batu the proprietor of H.C.C. said the he was then going to drive the Lexus. We had gone quite some way along the M27 when the in-car phone rang, it was Mr. Batu telling us the we had to return as he had left his mobile phone and a bag containing his money and cards in the car and in addition he ranted that we had sold him a malfunctioning, dangerous Lexus. We did go back to return his belongings, I remained in the car as I was not feeling too well (I have an irregular heart beat) and our friend went to speak to him, apparently a brake fault warning had come up on the dashboard and he was very displeased. Our friend said that as it was about 8pm we had to get home and we could talk about it on Monday. Today,I have received an e.mail from Mr.Batu virtually accusing us of being con men and saying unless I return the Mercedes and collect the Lexus, he was going to instruct his solicitors to sue me. I was not aware of any fault with the car performed perfectly all the way to Hampshire. As already explained the car has only covered 741 miles since it underwent a complete brake overhaul by a Lexus main agent. What do you advise please?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.

So, in short, they say the Lexus was not in the state described?

Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 1 year ago.
He had casual look over it ,saw that it was in immaculate condition and turned to selling the Mercedes. I had no reason to suspect that had anything wrong with it, in milage terms the brakes had recently been overhauled by a Lexus main agent. Reading your general guidance as I was a private seller can he threaten me in this way? I did sign a sheet saying that I warrant the car to be free from any major and serious defects, because I did not think that it had any.
Customer: replied 1 year ago.
Last December I paid a reputable dealer £12425 for this car, his advertisement stated "new brakes all round, full health check and overhaul from Lexus Twickenham £1700 spent at main dealer.
Expert:  Jo C. replied 1 year ago.

Ok.

So is that an accurate summary?

he is alleging it was not as described?

Customer: replied 1 year ago.
I suppose it is, but as all the dicussions prior to the visit were on line and telephone,I thought that he was getting a bargain with the Lexus as he was paying half what I did last December and it hardly been used
Customer: replied 1 year ago.
Our mechanic friend opined that he would get back what he paid if he put in a motor auction
Expert:  Jo C. replied 1 year ago.

Ok. What specifically does he say is wrong with it?

Or that is not as described?

Customer: replied 1 year ago.
He is saying that he only drove a short way when a brake warning malfunction appeared on the screen and that he had to limp the vehicle back.
Expert:  Jo C. replied 1 year ago.

Ok. And how had you described the vehicle to him?

Customer: replied 1 year ago.
I said that it was immaculate, and it was
Customer: replied 1 year ago.
His e.mail today said that he had been tricked, and could not forgive himself for falling into such a treacherous trap that you and your mechanic friend have so masterly planned and executed against me over the transaction involving the part -exchanging of your seriously faulty death trap Lexus.
I am informing you o my intention of serving a legal notice against you and will be suing for damages details of which will be delivered formally within the next 72 hours through our solicitors. the only way of stopping such action will b for you to return our S-Class immediately and take your Lexus away. He also warns me not to post the change of ownership documents to the DVLA
Customer: replied 1 year ago.
I resent the attack on my integrity, at 81 I have never knowingly cheated anyone in my life. As apart from the Lexus he has £12000 of our money he does not exclusively own the Mercedes as far as I am concerned.
Customer: replied 1 year ago.
sorry for the lumbering response to your questions I am not very computer literate and can only type with one finger!.
Expert:  Jo C. replied 1 year ago.

Well, that is emotive of him but it is quite unlikely that it is immaculate. Cars are not generally.

The reality is that is likely to amount to a misrepresentation. It might well be that you didn't intend it to be but they only have to show that you said something untrue or misleading at the time of contracting.

Expert:  Jo C. replied 1 year ago.

He seems to suggest that he has found serious mechanical failure. Whether that is true or not is another matter.

If he has though then he would be entitled to the diminution value between the price agreed and the price it is worth.

Expert:  Jo C. replied 1 year ago.

If you are prepared to fight the matter in court then refuse to comply and invite him to sue.

If not then return the vehicle.

It is a matter for your appetite for risk really.

Can I clarify anything for you?

Jo

Jo C. and other Law Specialists are ready to help you
Customer: replied 1 year ago.
I really resent his implications, as I had no reason to suspect that the car had any faults, it was just a matter of chance that it displayed a fault at that time. In view of your advice I will try to speak to him tomorrow to see if some compromise can be reached.
Customer: replied 1 year ago.
Thank you very much.
Expert:  Jo C. replied 1 year ago.

Yes, I understand. It was an unpleasant tone. One would think a dealer would not get so emotive.

Expert:  Jo C. replied 1 year ago.

Normally a compromise is possible.