Car part exchange

[BillyNoMates]

I recently did a deal with a used car dealer.

I part exchanged my car (Car A) for a vehicle he had on offer (Car B).

I left Car A with him - totally owned by me with no finance and we transferred the V5C certificate to him for Car A and the V5C certificate of Car B to me.

The balance owing to me was �2005.00 as Car B was cheaper than Car A

I have a signed receipt / order form from the dealer to confirm the transaction.

I have heard nothing from the dealer until today when he rang up and said the deal is off because of a text message I sent. The text message was sent because no Emails or calls had been answered.

So they have Car A I do not have Car B and I have only received �550 of the balance owed to me.

Where do I stand ? My partner was with me throughout the transaction.

[IggyB]

you have what sounds like a breach of contract - if you want to pursue the matter i would suggest enlisting the help of a solicitor - might cost a bit but would be a lot less expensive than losing the original car... it will probably only take a letter from them to get the dealer playing ball again. Alternatively simply telling the dealer you are enlisting a solicitor might be enough on its own.

though this is a verbal contract any court would reaslise a contract had indeed been made (proof usually being tricky to find) becuase to the evidence in your favour e.g. you have a witness, you no longer have your original car (car A), you have a written receipt / order form, you have the V5 to a car you do not actually posses, no one would relinquish control of an expensive car without getting something in return... further more the courts in cases with car dealers generally go with the member of the public anyway (guess judges don't like car deals much either)

good luck

[tubeway]

You could sue for breach of contract - although a call to trading standards is usually enough to scare a car dealer into action

PS what did you say in your text?

[NORMANTHEDOG]

why did you not take car b when you gave him car a.

[BillyNoMates]

Thanks for the rep[lies.

I have been in touch with Trading Standards and they are looking into the matter.

The delaership have a website which allows Email feedback. I listed the problems with the car such that when it went for it's pre-delivery service all of the items were attended to.

As I didn't get a reply, nor did I get any response to 3 anserphone messages I left I texted both of the mobile phones of the owners stating that if the car wasn't right then I'd involve Trading Standards.

I didn't take Car B as it was untaxed and unserviced which was part of the deal.

I am a member of the RAC so will contact their Leagl Department tomorrow who I believe will be able to help.

[BillyNoMates]

Just a quick update - Trading Standards went to see the dealer in question and told them to give me the vehicle I had purchased.

Received it and still have all the outstanding problems with it that were present on the test drive.

The dealer has booked it into a Merc specialist tomorrow at their expense.

Thank God for Trading Standards.

[Matthewwhite1985]

As this post was written in 2007, I presume the issue has been resolved. However, it highlights the need to 'back yourself' in these kinds of transactions. I found this useful article that has more info about exactly how to get the best out of a part exchange: http://www.breakeryard.com/blog/top-tips-to-part-exchange-your-car/