Hi all bit of advice needed if poss.

I went to a 'reputable' main dealer to look at their used cars and saw one i liked, we discussed the car and i had a test drive, during the drive he said that the car would be RAC checked as all of their cars are and it would have 12 mot. Also he confirmed that it was hpi clear.

So we did a deal and i paid a deposit, however none of the documentation was available at sale, but i did think this was a main dealer so they are trustworthy - right?!?

We agreed that i would collect the car the following friday and he wanted a cover note to tax it.

On monday i e mailed him saying that i would need to see a copy of the verified RAC check, the MOT 12 months and the clear hpi check before i could purchase the car - he did not reply.

On friday i phoned and asked again if he had the documentation, he said yes, i actually asked for each one individually and he confirmed yes.  He said he wouldn't hand over the car as he had not recieved my cover note.
Well i said that's ok i need to see the papers.

I went over to see the papers and the mot was not done the car had the old mot only which is not very long, also he spent literally 20 mins looking for the RAC check and made a show of going through invoices etc, he dissapeared for 5 mins and came back with a piece of paper with RAC and Toyota on it which had lots of ticks but was unsigned and not dated.
Lastly the hpi document which was dated when they recieved the vehicle so it was available when i signed but not disclosed, shows that the car has outstanding finance.
well i said i could not buy the car without evidence that the finance was clear, an he is like, well who do you think we are? we would not sell a car with finance we've cleared it - but he could not show me anything to evidence this.
Lastly i asked for a copy of the Registration document and they have filled in the bit i fill in to transfer ownership and signed it too, with a signature which looks suspiciously like mine.  Isn't that illegal?

Well i don't want the car now, i no longer trust these people but i have signed a piece of paper agreeing to buy the car, does anyone know where i stand?

Please help
Sharon

PS they want a cover note this week and me to collect on thurs.  Still havent agreed to see papers he just said he'd do it...?

well i dont seriously think they could hold you to anything even though you did sign something as they have breached the contract by not giving you the details they promised + as you say broke the law by signing the v5 with a forged signature. Only problem would be with the deposit they may be awkward about that. Did you pay it on a credit or debit card? if so you can do a charge back from the card company or the bank

oh also please report them to the DVLA they could be shut down for forging documents like that and by the sounds of them they should be shut down

Tell then you don't want the car, you want your deposit back or you will be reporting them with the evidence to Trading standards.  :-)

ring Consumer Direct 08454 040506 which is the telephone arm of consumer advice. They will let u you know exactly which laws are being contravened and how to go about getting your deposit back successfully and legally

Thanks all for the replys, i sent them an e mail today explaining everything and saying i wanted to withdraw from the purchase and receive my deposit back in full, they have opened the email but not responded.

This is a toyota main dealer, not some dodgy garage, i can't believe it...

I will be going down there tomorrow to ask for the deposit back in person, and i paid with a debit card.  I'll let you know what they say.

Oh and i have a photocopy of the V5 doc with their signature which looks suspiciously like mine?!

Sharon

I had a similar experience a few years ago. I just told them I changed my mind and walked out. I got a stroppy phonecall that same day and many months later the DVLA letter to say the tax was due on the car I'd never bought. I assume they also forged my signature somewhere along the line. I called the DVLA and heard no more about it.

I would contact the local trading standards office without delay. You may need to put things in writing saying you want such and such by a specifc date. Trading standards will advise you. In disputes it is important that you do things the correct way or you can weaken your position.

If you do go to see them take someone with you as a witness.

It all sounds like good advice.
Have a word with the RAC as well - they may well be interested in the fact the garage is saying they have RAC documentation when they don't.

Karen

We looked at buying an astra a few years back, i payed the deposit and everything only when the car turned we noticed  an e shape where a sticker had been as the car was still dirty at this point, luckily we had used enterprise cars and realised this is what the sticker was, we had asked for a pre registered car and they came up with a car that was hired out to any tom dick or harry, also there was more miles on it than we agreed, so we refused to accept it as this was not the deal agreed and we got the deposit straight back.

If this is a Toyota main Dealer, then why not contact Toyota Customer Services with a complaint about what one of their dealers is doing, Im sure theyd be very interested to hear about it.  ;)

Hi all
well they phoned me at work on tuesday and said are you sure that you don't want the car and i said yes positive.  He then offered to post the deposit back to me, i said it's ok i'll collect it, but he wanted to post and on the spur of the moment i thought that might be better as i will have something in writing... i said i wanted it first class and he said i will post it this afternoon first class, you should get it tomorrow (today) well it didn't arrive - surprise, surprise. 

Might be time to suggest i send my copy of the V5 complete with forged signature to the DVLA, what do you think?

Sharon

I still think you should also contact Toyota Head office, if this is one of their main dealers then they should be told, they do not like their representatives doing dodgy things and should investigate,(insist that they do) and may take the franchise away from this dealer,and yes you should send a copy of the V5 to DVLA along with the story, also contact the AA/RAC whose report they supposedly had.

I am so peed off as have been dealing with a dealer re a problem on my car on some modifcations that Fiat have admitted need doing and have had the work done ( well I think I have as they car went in and was dropped off with an explanation to follow............. ) I have gone through 3 pairs of tyres in 23K miles due to the fault so they also verbally said that they would refund a 1/4 of all my tyre costs and the cheque was in the post. They went into receivership yesterday :rolleyes:

I contacted the Accountants who are nominated to be the Administrators and they didn't even know they were doing it :rolleyes: it is going to be a long time before I see any money back ! It is £400 so I am not going to leave it :)

Hope all sorts itself out for you :)

Lucy
xx

Hi Sharon
       have read about your problems and I must say I am extremely suprised that a Toyota Franchise car outlet has treated you like this, every one I have bought through them they have done their utmost to get things right first time every time.
There are some dealers that sell only a certain make of car but they are not direct franchise of the make they sell, usually they only sell second hand or imported models.but appear to be main dealers so beware.

First of all, bit late, I know is not to part with any cash till you have done your own checks. Most like HPI etc can be done over the internet for a small fee by anyone, I did this on a car my son wanted to buy and it turned out to be an insurance write off. You could also contact the RAC and ask for a report on the car your interested in if its claimed a report is available.
Documentation is as important as the vehicle as without it the car may not be road worthy or stolen.
In your position you find yourself in there are several routes you can take.

1 Trading Standards office
2  Contact Toyota customer services
3  The motor trade has its own governing body
4  car mags such as Top gear or What Car
5  go to a solicitor, a no win no fee is the type you want,they are very good i had to use one involving a car crash and it took 18 months  Dr's reports etc but he won it for me,
6 The Local press may well be interested give the press reporters office a call
7 Wait till a saturday go stand in the showroom when people about and complain in a loud voice so they all can here what type of dealership it is.

The last suggestion may have the most effect if the dealer is going to loose customers. I have done this with  a Land Rover dealer when the car had a serious fault and the Service manager tried to stitch me up with double talk and although the car had a yr warrantee the electrical fault they said wasn't covered under it, and it would cost for each component replacement a total of £2000 and I only had the car for less than 7 days.
.
Apart from my experience I would think you have at least a civil case in court for mis-representation and small claims courts are very easy all you do is get your claim form in triplicate from your local court start your case as to who what time money involved etc and submit it to the court. the next stage is a copy is sent to the defendant to answer the charges and failing to do so or not admiiting his liability means going to court to press your claim. The cost of small claim I believe is around £250 which you can add to the total costs you have i don't remember if you have to state that you will be claiming court costs at the time of submitting your claim but the officers of the court will be able to tell you.

If you do put anything in writng it is most important you keep a dated copy especially if you send a recorded letter stating you reject the car on whatever grounds and demand the deposit returned within a certain time usually  7/14 or 21 days informing that failure to do so will result in the above court action being taken against them. Any action you take either by letter or phone DO make a note of the time and date as this may be needed in a court case.

Finally remember they have obtained cash under false pretences and thereby are breaking the law so a visit to the local cop shop may be worth it.
can't think of anything else you can do at present but hope the above is of some help.

Bazza

Forgot to mention the outstanding Hpi debt will have to be met by the dealership its their fault if they didn't carry out the necessary checks prior to them obtaining the vehicle.
Whatever you do DON'T pick up the car until you have done your own HPI check. If you have and its happened to me you may get a visit from the hire purchase company demanding the car back.

DON,T PANIC  under the Hire Purchase  Finance Protection Act,  it clearly states that if you purchase for cash from a boni fide retailer an item that has an outstanding debt the company that is owed money HAS to make their claim from the retailer that sold the item to you NOT from yourself. This only applies to cash purchases, not if you bought it on another HP agreement, or if you purchase the goods from a private seller

This applies to any goods not just to a motor car.

Bazza

Hi all thank you so much for the help
i received the deposit back today... however still have the photocopies....

Sharon

Bazza - edit to say they dealer sells brand new toyota cars, also i have heard of a different problem with this same dealer, and another friend brought a new car from a toyota dealer some 30 miles away and was decieved re a finance deal.  Doesn't look good for toyota in my book.