Issues with Newly Bought Used Car - Trader not bothered

[hotmale]

Hi All

I had bought car from online trader(ltd company) 2.5 months ago. Car came with 3 months warranty and there was no record of any service being done recently.
There was paperwork for all the previous service histories unit 2016.
I got the warning light 4 weeks ago for low coolant level and I topped this up from a garage and they did the basic checks (for visible leaks) and everything looks ok. However coolant warning light was on again last week and coolant level is down again I’ve only driven 150 miles since last topup.
There is surely an issue with coolant leak and it’s not external as there are no spots on my drive ways. However, for diagnostics as I am covered with 3 months warranty I’ve called warranty company mentioned on the receipt they have confirmed this particular trader don’t have my car covered.
I’ve called trader to explain what has happen and he showed no interest at all and ask me to use stop leak to fix the issue J. I’ve told him that I don’t want a temporary fix he just ognored by saying this will fix everything and after that I’ve tried to contact him for diagnostics and he never answered my call.
What are my legal rights now ?

• Do I’ve to get diagnostic done to get to the core issue on my expense?
• My point is car is only 10 weeks since I’ve purchased it (total around 1k miles driven)

and I want trader to sort this out. Other positive I had is paid from credit card.

Can experts please advise how should I proceed from here as I’ve now flagged this issue with trader and don’t want to just sit and wait and keep on calling trader everyday/week.

Thanks

[pt2537]

Hi All

I had bought car from online trader(ltd company) 2.5 months ago. Car came with 3 months warranty and there was no record of any service being done recently.
There was paperwork for all the previous service histories unit 2016.
I got the warning light 4 weeks ago for low coolant level and I topped this up from a garage and they did the basic checks (for visible leaks) and everything looks ok. However coolant warning light was on again last week and coolant level is down again I’ve only driven 150 miles since last topup.
There is surely an issue with coolant leak and it’s not external as there are no spots on my drive ways. However, for diagnostics as I am covered with 3 months warranty I’ve called warranty company mentioned on the receipt they have confirmed this particular trader don’t have my car covered.
I’ve called trader to explain what has happen and he showed no interest at all and ask me to use stop leak to fix the issue J. I’ve told him that I don’t want a temporary fix he just ognored by saying this will fix everything and after that I’ve tried to contact him for diagnostics and he never answered my call.
What are my legal rights now ?

• Do I’ve to get diagnostic done to get to the core issue on my expense?
• My point is car is only 10 weeks since I’ve purchased it (total around 1k miles driven)

and I want trader to sort this out. Other positive I had is paid from credit card.

Can experts please advise how should I proceed from here as I’ve now flagged this issue with trader and don’t want to just sit and wait and keep on calling trader everyday/week.

Thanks

Hi there

you have the right under the Consumer Rights Act 2015 to have the vehicle repaired if it is faulty and the fault was present at the point of sale. The trader has a duty to have the repairs carried out, as long as the vehicle was faulty at the point of purchase.

As you used a credit card, you may also have a claim under s75 Consumer Credit Act 1974 as long as you paid over £100 using your credit card.

Hope htis helps

[hotmale]

Hi there

you have the right under the Consumer Rights Act 2015 to have the vehicle repaired if it is faulty and the fault was present at the point of sale. The trader has a duty to have the repairs carried out, as long as the vehicle was faulty at the point of purchase.

As you used a credit card, you may also have a claim under s75 Consumer Credit Act 1974 as long as you paid over £100 using your credit card.

Hope htis helps

Hi Thanks for your reply, before I start the claim I would like to formally write to the trader to give trader a chance to fix this issue. where can I find relevant letter templates.

Thanks

[ostell]

Under the Consumer Rights Act 2015 after 30 days and before 6 months you are required to give the supplier one chance to repair. There would not be a template as all cases are different but a simple letter pointing out that there is a defect and you require him to correct the defect, under the Consumer rights Act 2015. He is also required to pick up the car. If he ignores then the next letter will again ask for repair sbut then threaten court action if he does not comply. The clock stops from the date you inform him of the fix until it is back with you working,

[des8]

Before writing it would be good to ascertain where the coolant is going....into the oil?/leaking into cylinder and being sent out exhaust (white smoke when engine at working temperature is a clue). You need to know what is wrong, to ensure the repairs are carried out properly..I wouldn't be trusting a dealer who recommends using gloop to stop leaks!

[Your address]

[Manager/ owner]

[Dealership address]

Dear Sir/ Madam

Ref: [registration number of vehicle]

On [date] I purchased, and took delivery of, the above vehicle [make and model] from you. On [date] I discovered that it was not of satisfactory quality: [describe the problem].

The Consumer Rights Act 2015 requires dealers to supply goods of satisfactory quality. However, the vehicle is clearly unsatisfactory. Faults discovered within the first six months after purchase are deemed to have been present when the vehicle was purchased. You are therefore in breach of contract.

I am legally entitled to have the vehicle repaired, at no cost to myself and with minimum inconvenience.and within a reasonable timescale.

Please therefore arrange to collect the vehicle, repair it so it conforms to contract and then return it.
If you fail to comply with my request I will issue a claim against you in the county court for recovery of the purchase price without further reference to you.

Yours faithfully,

[Your name and signature]

[hotmale]

Before writing it would be good to ascertain where the coolant is going....into the oil?/leaking into cylinder and being sent out exhaust (white smoke when engine at working temperature is a clue). You need to know what is wrong, to ensure the repairs are carried out properly..I wouldn't be trusting a dealer who recommends using gloop to stop leaks!

[Your address]

[Manager/ owner]

[Dealership address]

Dear Sir/ Madam

Ref: [registration number of vehicle]

On [date] I purchased, and took delivery of, the above vehicle [make and model] from you. On [date] I discovered that it was not of satisfactory quality: [describe the problem].

The Consumer Rights Act 2015 requires dealers to supply goods of satisfactory quality. However, the vehicle is clearly unsatisfactory. Faults discovered within the first six months after purchase are deemed to have been present when the vehicle was purchased. You are therefore in breach of contract.

I am legally entitled to have the vehicle repaired, at no cost to myself and with minimum inconvenience.and within a reasonable timescale.

Please therefore arrange to collect the vehicle, repair it so it conforms to contract and then return it.
If you fail to comply with my request I will issue a claim against you in the county court for recovery of the purchase price without further reference to you.

Yours faithfully,

[Your name and signature]

Hi

Quick update I’ve sent the letter to company to repair the car by recorded post.

I’ve checked online and company is still showing as active however owner is now trading under a different limited company.

Also he conned me into 3 months warranty as there is no such warranty with any company exits. I've been to garage for high level checks and Ive been advised that details diagnostics is required to identify the core issue of coolant drop which will cost around 100-150.

After sending the letter I’ve contacted sales manager (who delivered the car to me) and he told me that this company is no longer trading and they cannot offer any further help and Ive to resolve this issue myself and he is not bothered about county courts etc.

Can experts advise me what are my options now. Should I go for

• Is it through small claims court
• Or should I use credit card act to get my money back?

And what evidence or supporting documents I need

I've Card payment receipt and credit card statements to show payments made to company. And a hand filled form from sales manager with seller buyer details.

Thanks

[hotmale]

I've been to the garage I've been advised that its not possible to tell why exactly coolant is leaking without diagnostics test which will cost £100-150. And also I've been conned for the 3 months warranty sold along with the car as there is no suct warranty exists when I've called the warranty company listed on the paperwork.

[des8]

As the company is no longer trading (and presumably will therefore have no assets) I would lodge a sec 75 claim against the credit card.

[hotmale]

Thanks, what should i raise this as with card company and would that be the full refund ir repairs.

[des8]

You have the same rights against the card company as you do the dealer.
As you have now passed the first 30 days you have to give them one chance to repair the vehicle.

However you also purchased a 3 month warranty, which didn't actually exist.
If this was part of the deal, and is on the same invoice & receipt, you might be able to rescind the contract completely by using the
Misrepresentation Act 1967

[Makalu]

For what its worth, it sounds like a cylinder head gasket failure - is the oil milky? Remedy is not cheap - £500+. I have a similar issue only mine was gone before I even took delivery of the car and had been fudged with the temporary fix gloop. Good luck getting this one sorted.

[hotmale]

I’ve received call from my bank’s section 75 team today, advisor told me that seller have refused to pay any refunds and they have changed finances as well event though company is still trading however there are no finances available with the company.

Then he turned the conversation around car and mentioned car age few time make me realise that things will go wrong with old car and he did mention at one stage that I only have 30 days for refund however when I’ve mentioned goods act with 6 months timeline he changed the tone. At one point it seemed like I am speaking to the seller not the bank as he was in no mood of talking about refund or valid section-75 process.

Then he requested to provide fault details and said I need to provide a proof that fault was already there at point of sale. I was shocked when he said that my letter clearly states that I noticed the issue once the coolant level start going down 6-8 weeks after the purchase. And after this explanation he said need report to prove what is wrong with car and bank agreed to pay the diagnostic costs

He then mentioned that when he spoke to seller seller has advised me that there are issues with headgasket – another shock so in other words seller admitted there was an issue however when I asked him that ‘would he buy a car with issues with headgasket’ he refused to comment. And he refused to comment on the ‘3 months warranty issue’ (this was never provided although mention in the invoice).

Banks customer service agent seems like favouring the seller as he kept on mentioning that this is 6 yr old car and there can be issues and I need to prove that there are issues with the Car.= and even if there are issues it will be repaired only not a refund.
Please advise me what are my options now as seems like bank is now looking to defend the claim instead of seller, as there is no seller now.
How can I defend my claim against bank what should be the next course of action.


Thanks

[des8]

Did you make your claim against the card company in writing?
If so can you post up a copy please?

[Onestepatatime]

Take the oil filler cap off, is there a milky deposit on it? If so head gasket is gone.
Are there any traces of oil in coolant bottle?
Is there water dripping from exhaust when up to temperature, this can be an indication of a faulty head.

Unfortunately there is is no way of knowing when it went.
Always advisable to check filler cap after a test drive when buying a vehicle.
If you haven’t driven the vehicle when out of water then a repair should be a relatively simple job, however if you have then the head may be warped which means either a reskim or at worst a replacement.

[hotmale]

Well I’ve done all the check when car was purchased however there are ways around to do temporary fixes like seller advised to put the liquid to stop any leaks etc.
I am now more bothered about banks attitude toward this case as seller have pulled hands and seems like seller does not exist anymore its between me and bank now.