Our 1st Moggy. 1956 Split Screen. WSL 230

[Mark Wilson]

Sure, I'll lose the £320 for the diff swap, but I'll have enough money to buy another nice Moggy, which will be checked out thoroughly.

If you use a solicitor he will include the cost of the diff in the claim, as money spent by you in good faith before you knew of the problems, also as a rectification of one of the issues with the car. He would also include your trailer hire costs, travelling expenses and compensation for your time as this was all the result of the misdescription.

[Steamerpoint]

Good points. I'm tempted to wait and see what happens with Santander first as i don't need to pay anything out first. Not sure.

There have been car payouts before under the section 75 claim whereby the credit card company settled the claim without recovering the funds from the car dealer. The customer was then in a position where he had his money back, but was also stuck with a broken down car that the trader wouldn't collect!

There is a tiny chance that I could obtain a full refund and find myself with the Moggy still ! I would then have the money to get everything done and she would be a beauty when finished! I should be so lucky though!

See: http://www.legalbeagles.info/forums/sho ... lect-goods

[MrIan]

Yes it would be great but in all honesty what a stupid system.
Santander fund via your card £1,000
Car is say £4,000.
Car not as described and claim put through.
Santander refund you £4,000 and leave you with the car??
That's certainly a way to screw up a business if it becomes a regular occurrence.
I can't honestly see that happening.
I also won't be impressed if my mortgage with Santander increases next year !!!!

[Steamerpoint]

No I can't honestly see it happening either. Never been that lucky with anything in my life.

As an aside though, Santander can't deviate from the terms of your mortgage contract, which is generally linked to the bank of England base rate!

[Steamerpoint]

Update: The credit card bank have just rang me back and have agreed to repay me £1620, which is what Minor Services estimate the cost of the repairs for the car. I also get to keep Betty.

This basically means we have paid around 1600 pounds for her, but now have some welding to do on her.

I don't now feel that we have lost out in buying her and feel that 1600 pounds for a part rusty Series II is a decent price.

The credit card company are sending me a letter with all this in writing stating that the car will remain in my ownership now and neither they or the dealer will have a future claim on it.

The money will go back onto my card in the next two days.

I understand that the dealer has kept his head down and ignored the bank, so they will continue perusing him for some time to come.

If I had bought the car completely cash, I would have been in bother. If I had bought the car through Paypal, which linked through my credit card, I would need Paypal to deal with this mess as the bank steps away if I use a third party. I was lucky I put a grand on my credit card after all.

[ManyMinors]

That sounds an excellent result. Probably the best you could realistically hope for. Once you have the work completed underneath you should have a decent car for many years to come.

A lesson not just to yourself but to ANYONE considering buying such a car: Have a GOOD look at the underside before you agree to purchase and if you're not familiar with these cars, then take somebody who is

You must feel that a weight has been lifted off your shoulders!

[Steamerpoint]

Yes it does. I felt ripped off before. You don't expect to be ripped off by a reputable dealer with millions of pounds worth of cars in the showroom! You trust them and in fairness, the car looks great from the top and shinny black underseal below. It looks like it has recently been restored, which is what thier advertising said, so why doubt them? Well as you rightly said, trust no one, get a thorough inspection done and buyer beware. I was just fortunate to pay some of it on my credit card and got some good advice from trading standards.

[SteveClem]

So pleased you've got it sorted. The dealer should be shot with sh-t.

[DAVIDMCCULLOUGH]

Hope you will enjoy using the minor and that this hasnt given you a bad feeling about the car. Start a restoration thread and take some pics when your getting the work completed.

Happy motoring