I have got info from the previous owner on paper now and I have also contacted the dealer that they had sold it to. His words were that it was not a nice car and they would not have even contemplated selling it so put it into auction. He also has confirmed that the airbag was missing despite my dealer claiming its there. I have now contacted the auction so watch this space. The case has also been taken on by Trading Standards completely now as the dealer is choosing to ignore me.

If I add the car to costs its about £3295 and thats not including days off work, insuring and taxing another car,etc but Im still happy to settle for a refund of the car. He isnt budging though so need something very good to get him with

There was no paperwork for the money given for the repairs. Just a cheque. He admitted today that he made a mistake in doing this. I know he has taken away my rights but trying to push further is proving impossible. I have got as far as consumer direct and they are now telling me for him to give me a formal letter explaining the results of the inspection and his verdict. They will not do anything else, even answer about evidence until then. They may then consider trading standards.

Dealer told me that trading standards had told him that anything from a previous owner would be hearsay and thrown out in court. The inspection was done by the garage that the dealer uses for repairs. He wont let anything go when I asked and I had also questioned whether he could do that as it may have been biased but consumer direct said he could.

Hi all again!! Went to see the dealer today and hoped to get the report. He says its not ready and if I want it I would have to sign a document saying I wont pursue things further. I have refused. He said no faults were found - the oil isnt leaking or burning (even though I know how much I have had to put in), the wings and bumper are all original but have been filled, he has admitted that the air con is missing a pipe but says anything else brought up is minor. I have spoken to Consumer Direct this afternoon and they have just told me that if there was air conditioning in the car, I cannot claim it wasnt as described. The dealer was quite threatening and said he would wipe the floor with me if it went to court. He said he would add all his solicitors costs and I didnt have a chance of winning. He claims he has spoken directly to Trading Standards even though consumer direct said all calls come to them first so its not possible. They have told him that the accident is irrelevant, that he sold the car at a good price and because it was used, its expected to have issues. They also said that being quoted £1400 for a trade in with dealers was a correct price for my car. I really do not know what to do now. Im starting to wonder what case I have but feel useless without the report. At the same time I feel like someone is trying to pull the wool over my eyes. Consumer Direct have recommended getting the results in writing then getting back to them. Its all taking so long and making no progress, Im thinking of just selling up. Any ideas?

I need to get this whole case clear in my head so that I can get it to court asap if the inspection doesnt bring results So, in short, I got a car on 27/01/10, had non stop issues with it including head gasket blown, tensioners, leaking oil, revs too high. I contacted the dealer 2/3 days after the issue to say that it was not working and he suggested I go to his mechanic. I did this twice and he turned off the EMC then changed spark plugs. After a month of issues, I got the head gasket diagnosed and fixed at my own garage then only after threatening legal action, the dealer gave me the money back. I then went to trade in the car and was told that it had been in an accident, had new wings, bumper, airbags had gone off and new seatbelts. The previous owner confirmed this after contacting her. I continued to have probelms and approached the dealer again for a refund under SOGA as it was not as described (in ad which I have it said air conditioning, airbags and part exchange bargain - it has none of these and bought at auction according to HPI) nor is it fit for purpose. It is currently being inspected by the dealer to do a report but do I have a reason to pursue a claim? And what is the claim I am making? Can I do it for the accident or is it the faults or even the ad not as described?

I made it very clear and he even replied saying that if that was the route I wished to go then he cannot stop me. He completely seems to have gone back on this now. Didnt know that about the V5. Thank you. He still has until Friday before I take any action.

ok, so contacted the dealer to say that I am rejecting the car tomorrow and wanted to check that he would be there when I handed over the keys. He says he wont be there so to just leave the car at the garage to be inspected. Turns out this is the same garage that he uses all the time and I took it to twice when I first had head gasket problems which he failed to diagnose and simply sent me away with an EMC light still on! HE also was the garage that when I had asked for it to be looked over (when fixing the coil spring), had said the car was fine. Whats my standing on letting a garage who has previously shown itself to be unreliable and closely associated with the dealer, inspect the car. The dealer has also said that they will inspect it then it will be ready for my collection (even though he has clearly been told that I am rejecting it) UNLESS there are things to fix which will then take longer. I do not want them to start fixing faults as they have already had chances to do so. I want to seek a full refund for the car now due to the fact that damage done to the car that cannot be repaired, means that I take a considerable loss in value as well as the costs I have already encountered AND due to the fact that he has lied and deceived me since the day of the sale.

Ok cheers for that. I am leaving the car with him on the way back from work tomorrow or tues. I will then get a lift home then switch the insurance so the car will be insured until it leaves my hands. Lets hope things go well now!!

Update - again. Sent the dealer a letter stating that I am rejecting the car and to arrange a day to leave it off. At first he said it wasnt an option but now he has given me dates but says that I have chosen to ignore his help to get the car looked at. I am concerned that this will go against me if having to go to court as he sees this as him trying to solve the issues but he has not agreed to help yet and simply wants an inspection. I followed Trading standards advice and I am rejecting the car to seek a refund. The other reason I have taken this more severe step is that even though he has suggested a solution of getting the car looked at, this is in his terms and I struggle to get the car to him. I decided that if I have to do this also as even if I leave the car down to be inspected, I would have to tax and insure another vehicle so it makes more sense to fully reject the car anyway. Does this make sense and do you think the dealer has comeback in having suggested and inspection and I have by passed this to a rejection? (the car still will be inspected by him but I now do not want it back)

Ok I am now looking at finally rejecting the car. However, in order to do so, I am going to have to re tax and change insurance onto my partners BMW. This means a price increase in insurance of £130 and tax of £112. I also have a full tank of full in the Ibiza. Can I claim these expenses? I am currently drawing up a letter to give 7 days notice to get the car inspected and a deal done. I intend to reject the car in the next couple of days as long as I know I am not going to be out even more out of pocket. Consumer direct have now passed the case to trading standards so I getting somewhere there too.

I have everything in writing. Trading standards have said that there isnt much point in getting the car checked esp when the dealer is going on about condition and age when I have proof from the previous owner that its been in an accident meaning it will be not in the correct condition for its age. Im still willing to go ahead with his check but he is insisting that I get it to the garage he chooses despite me saying that I need the car to get to work and cant get there without it. I also cannot take any more time off - Im a teacher and ive already lost 4 days with my car.

Dealer has just contacted me to say that he wants to get the car checked by an independent garage of his choice. Im not sure about this - is he allowed to do that? I may suggest the AA or RAC to check it so that he doesnt know the garage checking it. An issue with this also is that once again the car is going to be out of my hands leaving me with no transport and that it sees to be wasting yet more time. I think in terms of a depreciation deal he means he will take away the value. Im happy for £100 or so to be taken off for mileage and not to add on my costs but if things get messy I will not hesitate adding on all costs.

Well that is the intention and i have cleared this with trading standards aa being allowed. Had to take it to the garage yesterday as its now drinking about 5 litres of oil a month!! Also, i contacted the previous owner and she has confirmed that the car had a considerable smash but was uncategorised. Both airbags went off, seat belts needed replacing, bumper and wings damaged. She tried to fix it but had constant problems inc engine trouble and clutch going so sold it on to a company. The dealer says im trying to shaft him now and thinks he can buy the car back at current market value. Im looking for a full refund now obviously minus depreciation of the mileage i have done etc. If the car cost £2495, What is a reasonable figure to ask for? Also, would SOGA still not apply as its six months on 26th July?

He hasnt repaired the faults yet as it was only last week that we sorted a deal. The faults came to light when I was gettint it valued for sale. I got quoted 3/4 ridiculous prices of £1200 then £1300 and thought I was being done over so took it to 2 dealers I know and they quoted £1400. Its now getting checked by my neighbour who is a body work expert to get a valuation but its looking like 50% of the car has been damaged.

solicitor had said it was a clear cut case, got a call the next day and he offered me the costs of all my repairs. I accepted this and was happy. However, I am now trying to sell the car and more has come to light - apparently the car has had loads of repairs to engine and body that are not done very well. I am seeking the dealer to either buy back the car or give a refund now. Where do I stand on that?

Solicitor said it was so clear cut they dont even need to help. He admitted that I didnt help matters by getting it repaired elsewhere but it could stand as I did contact the dealer, he recommended I went to the garage he deals with which I did twice and then play the card that it was not convenient or feasible to leave my car at that garage for 5 days with no way of getting home or to work so it made sense to take it local. On top of that he said that I had him on 2 aspects of SOGA - not fit for purpose as it had major faults and also not as described with the advert differing from actual features on car. He recommended I finsih the 14days notice and if I get no good news, put in a claim to the small claims court for the costs plus any expenses. He also recommended I get a full RAC inspection which also goes under costs and get quotes to get the air conditioning and airbag fixed. Ive enquired about the inspection today and its pricey so need to wait until the 14days are up to book it. The garage I deal with couldnt quote repair costs as they said it will take inspection of the 2 faults to see if its a simple replenish or if parts are actually missing so I am waiting now until Tuesday.

Thats more like it - its been a hard slog and probably will get harder but im seeing this through to the end. Does SOGA still apply as it was less than 6 mths ago? Ive also contacted VOSA who are sending the MOT and mileage details to their Regional Intelligence Unit who are going to investigate it further.

Ok got the ad: SEAT IBIZA 1.2 3DR - 34000 MLS - PX TO CLEAR -, 3 Doors, Manual 5 speed, Hatchback, Petrol, 2004 04 Reg , 34,000 miles, Blue, MOT-10-2010. Rear wiper, Air conditioning, Passenger airbag, Remote central locking, Drivers airbag, Solid Paint, Folding rear seats, Radio/CD, Rear headrests, Steering wheel reach adjustment, 3x3 point rear seat belts, Steering wheel rake adjustment, Immobiliser, Front electric windows, Body coloured bumpers, Cloth seat trim, Isofix child seat anchor points, PAS, Front head restraints, Steel wheels. Insurance Group:3, JUST IN, LOW MILEAGE IBIZA, CHEAP TO IN SURE., PART EXCHANGE BARGAIN TO CLEAR, TRADE SALE PRICE DRIVE AWAY. LONG MOT. HPI CLEAR AND CERTIFICATE GIVEN WITH CAR. NO OFFERS PLS., £2,495 There is no airbag which he knew about as it was on the MOT advisory and no air con - damaged in the bumper smash which then went on to cause the head gasket failure. How does this help? Going to see a solicitor tomorrow so may get a letter sent across at the same time too. I am aware that I have lowered my chances through getting it repaired elsewhere but when he was not willing to do it and fobbed me off to his garage who then charged me non stop for unrelated things, can I still argue that in the case?

I did take it to the garage he recommended but they were completely wasting my time and costing me a fortune changing spark plugs etc so I took it to the garage that I have dealt with for years and they kept it for 2 days testing it and working it out. His garage refused to accept it was a head gasket and I could not waste more time and miss work waiting for him to listen to me. He also was based in the middle of nowhere meaning I had to either wait or find another way or getting to work from there. The reason the head gasket blew was that the car had had a smash, the air conditioning pipe got disconnected, a shabby repair was done and the pipe was left leaking into my engine causing the head gasket to go. The car has had 3 previous owners and seems to be from Middlesborough area. It seems my dealer bought it from auction. Would it be an idea to contact the previous owner?

Thanks for that. The only reason I got it done was because I was fed up with his garage wasting my time, I wasnt aware of my rights and I thought it may have been wear and tear (being unaware of the accident at the time) I have had a HPI done and it shows nothing, can get the MOT proof and proof of repairs/damage. Do you think autotrader can provide me proof of the ad? He assured me the coil spring was minor and would be fixed asap which it was (at my cost tho) so I was ok with that. For the price, I didnt mind at the time. I also wouldnt have minded the head gasket as said before if it was wear and tear but now I have realised that it is due to an accident,I do not see why I am footing the bill. The car is a 2004 seat ibiza 1.2 40000 miles.

To cut a long story short, I bought a car on 27/01/10 from a dealer. I got it cheap as he had told me about a wing mirror being damaged, a bit of panelling missing and a coil spring being broken. This was fine with me and I accepted the sale after getting his garage to check it over, he says its fine. He sold it to me under a trade sale meaning no warranty due to it being a reduced price. 2 days later, I am having problems with the EMC light and lumpy starts so I call him and he recommends I go to his garage. I do this they reset EMC but no joy, still bad starts. The garage messes me around changing spark plugs,etc and telling me they cant book it in so I go to my garage, they test it and find out its a blown head gasket. I save the money, repair it, end of story - so I hoped. I need the car to travel to work so didnt have time for faffing until the garage got it sorted so did it myself. Car continues to cause problems and I discover from the garage it has been in a smash meaning a new bumper was fitted, the air conditioning was damaged causing the head gasket to go, bad earthing, a horn fault, no drivers airbag and no reverse light. I check the MOT and an advisory was given of no airbag but I didnt receive this with my certificate. It also failed 2 days before my MOT with a series of faults including a broken coil spring. Anyway, car is in and out of garage at the mo and I have now contacted the dealer and trading standards for a full refund and/or cost of repairs. Dealer says I have left it too long but under SOGA I have 6 mths. Just wondering if anyone has experience of this and what my steps should be? Should I hire a solicitor?