Issues with Newly Bought Used Car - Trader not bothered

[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

Hi Des8 I've used the copy of your template you have advised on 03-04-2018 in this thread with the invoices and payment receipts, as per your advised i've also mentioned Misrepresentation Act 1967 as warranty was never there.

Thanks

[des8]

So you will now have to write to the bank again.
Tell them you are disappointed with their response and you now require a final response letter from them within 14 days.
Repeat that the Consumer Rights Act 2015 gives you certain remedies, including the claim for damages such as obtaining a diagnostic report to prove the existence of a self evident fault.
If they want to go down that route you require confirmation in writing.
Remind them that whilst they have the right to one attempt at repair this has to be at no cost to yourself (so they have to arrange collection and delivery)
and with as little inconvenience to yourself as possible (so possibly arrange a courtesy car at their cost)

Also remind them you are mindful of rescinding the contract due to misrepresentation by the seller in including a charge for a warranty which in fact does not exist.

Don't discuss with them, ask for everything in writing (email is acceptable)

I'm afraid bank employees sometimes act as if it is their own money they are going to part with!.

[hotmale]

So you will now have to write to the bank again.
Tell them you are disappointed with their response and you now require a final response letter from them within 14 days.
Repeat that the Consumer Rights Act 2015 gives you certain remedies, including the claim for damages such as obtaining a diagnostic report to prove the existence of a self evident fault.
If they want to go down that route you require confirmation in writing.
Remind them that whilst they have the right to one attempt at repair this has to be at no cost to yourself (so they have to arrange collection and delivery)
and with as little inconvenience to yourself as possible (so possibly arrange a courtesy car at their cost)

Also remind them you are mindful of rescinding the contract due to misrepresentation by the seller in including a charge for a warranty which in fact does not exist.

Don't discuss with them, ask for everything in writing (email is acceptable)

I'm afraid bank employees sometimes act as if it is their own money they are going to part with!.

Hi thanks for your reply, He is going to email me tomorrow after liaising with his manager regarding the diagnostic information.
I am sure this will be around the line ‘ Get the detailed report with the main cause’ however this cause has already been confirmed by seller and been confirmed to me today by bank advisor that the fault is with Head gasket.
Can you please confirm

• For diagnostic report do I have the right to get the payments upfront from bank as seller has already confirmed this ?
• Or after the email from bank should I draft the letter based on your most recent response?

Thanks

[des8]

Let us see what the bank come back with first

[hotmale]

Hi thanks for your reply, He is going to email me tomorrow after liaising with his manager regarding the diagnostic information.
I am sure this will be around the line ‘ Get the detailed report with the main cause’ however this cause has already been confirmed by seller and been confirmed to me today by bank advisor that the fault is with Head gasket.
Can you please confirm

• For diagnostic report do I have the right to get the payments upfront from bank as seller has already confirmed this ?
• Or after the email from bank should I draft the letter based on your most recent response?

Thanks

Sure will update you as soon as I've received a response thanks for your advise.

[ostell]

With the consumer rights act the assumption is that the defect was there from the start, the garage has to prove that it was not.

[des8]

Whilst it is deemed under CRA2015 that faults which are discovered 30 days after purchase and before the expiry of 6 months after purchase were present at the time of purchase, it is for the purchaser to prove the fault exists. The cost of successfully showing the existence of the fault can be claimed back from the seller.

[hotmale]

Whilst it is deemed under CRA2015 that faults which are discovered 30 days after purchase and before the expiry of 6 months after purchase were present at the time of purchase, it is for the purchaser to prove the fault exists. The cost of successfully showing the existence of the fault can be claimed back from the seller.

Hi All

here the reply from my bank(email):I’ve removed bank details and seller details.

"As discussed, no decision has been made regarding your claim against oldname (Now new name.) As the merchant are no longer trading under the name old name – merchant are unwilling to look at the problems with your vehicle, Bank require an independent report from a local garage/mechanic to confirm the faults in regard to your vehicle. Bank will not be refunding you for the cost of the vehicle in this claim as you are outside of the 30 day period to reject a vehicle, but may look to pay for repair costs in regard to issues with your Car, providing you can evidence that these faults where present at the time of purchase. Any faults that have arisen since the purchase date will not be covered. If you provide a report and Bank decide to uphold your claim, Bank will cover the cost of obtaining the report along with the repair cost to your vehicle."



Basically he has not mentioned anywhere
- where seller advised bank that head-gasket issue was there at point of sale and seller already made customer aware of this issue while selling this vehicle
- Also there is no mention of warranty and as discussed yesterday they don’t want to go into the warranty issue (not sure why)

Please let me know where I stand and what should be my next action?


Thanks

[des8]

As previously discussed, it is not for the claimant to prove the fault existed at point of sale for faults detected after 30 days, but for seller to prove otherwise!

IMO your best course of action is to have the diagnostic report done, and you might find the problem is minimal.
the misrepresentation course is a very last resort.

You don't say whether or not you have checked the coolant for oil contamination, or vice versa, but assuming they are clear and that you are not going along like a steam engine, the problem could be just a slight seepage from a corroded pipe or cracked plastic clip which is in an out of sight spot!

[hotmale]

As previously discussed, it is not for the claimant to prove the fault existed at point of sale for faults detected after 30 days, but for seller to prove otherwise!

IMO your best course of action is to have the diagnostic report done, and you might find the problem is minimal.
the misrepresentation course is a very last resort.

You don't say whether or not you have checked the coolant for oil contamination, or vice versa, but assuming they are clear and that you are not going along like a steam engine, the problem could be just a slight seepage from a corroded pipe or cracked plastic clip which is in an out of sight spot!

Hi Des I've been to the garage in end of feb and they confirmed that this could relate to the head-gasket or pump, and only way to confirm this is to open the engine up.

I can ask him to write this down for me would that be enough?

I am not sure I am taking the right action as seems like I am in defensive mode now as I've clearly been fraudulently sold a faulty car and my bank wants me to to prove this and they can clearly see this themselves?

[ostell]

You go on the offensive quoting the CRA to the bank and if you can send that report from the other garage. If you get charged for it you will add it to the final bill.

[des8]

Hi Des I've been to the garage in end of feb and they confirmed that this could relate to the head-gasket or pump, and only way to confirm this is to open the engine up.

I can ask him to write this down for me would that be enough?

I am not sure I am taking the right action as seems like I am in defensive mode now as I've clearly been fraudulently sold a faulty car and my bank wants me to to prove this and they can clearly see this themselves?

The fault you describe is loss of coolant over a period of time.
Unless there are signs of coolant and oil mixing or burning water within the cylinders (white exhaust gas = water vapour) I wonder why the garage would want to strip the engine. Have they carried out a leak down test &/ or pressure test ?
Stripping the engine won't necessarily show the problem anyway, even if it is the head gasket. This is because invariably the gasket becomes damaged whilst being removed.
What make , model and year?

[hotmale]

Hi its not just coolant leak car stops to accelrate on motorway even if i press accelrator to max it will freeze say on 55 and wont accelarate as well.

ive pointed these performance issues in the letter as well

[des8]

You need to prove these problems.
You could try getting an initial written confirmation from the garage that the faults exist (and thus are deemed to have been present when purchased) without necessarily making a diagnosis of the cause.
Present that to the bank, and remind them again about the fraudulent charge for a non existent warranty!

[hotmale]

Basically they want me to prove that fault was there at point of sale . I've been to the local garage around end of feb and garage confirmed the low coolant level and topped these up and asked me to keep an eye if I can get the letter from garage will that be enough?

Thanks