Issues with Newly Bought Used Car - Trader not bothered

[des8]

Confirmation from the garage about the loss of coolant should be sufficient.
As it is past the first thirty days since purchase it is for the seller to prove the fault was not present at the time of sale CRA 2015 Sec 19(14)

[hotmale]

Yes Ive got copy of the invoice from feb-18 which states leak and accelration issue , I am going to send that tomm in email. But i dont want to repair the car is there any way I get the refund instead of repair offer?

thanks all for your replies

[ostell]

Have they repaired it already?

[des8]

The fault was not discovered until 6 weeks after purchase.
They have therefore the right to one attempt at repair under CRA 2015
If the bank insist on being allowed to repair it, IMO you would have difficulty winning a court claim for a refund using CRA 2015.

You might have more success including in a claim the fraudulent selling of a nonexistent warranty. This is clear misrepresentation, and could allow you to rescind the contract, as without that warranty you would not have purchased the vehicle. It was a false inducement.
However a court might only award you damages regarding such a claim
You would need to make clear your intention to do this ASAP, so include it in your email, telling the bank you expect a full refund.or you will consider initiating court proceedings.

[hotmale]

No but the offer is if I can prove fault was not after sale or a recent one then only offer is repair the fault not refund not even after fake warranties etc

[des8]

They can offer all they like, but they cannot remove your statutory rights.
You do not have to prove anything about the fault, other than it exists,
The CRA is clear that if the fault is discovered after 30 days after purchase it is deemed to have existed at the time of purchase and the purchaser is entitled to a repair. It is for the seller to prove otherwise.

The bank might not want to talk about the sale of non existent warranty (I wonder why) but the courts might have a different view!

Don't let them bully you, and insist that from now on all exchanges are in writing; or if on phone then send a letter confirming the call (date, time. person) and what was agreed. (get a free certificate of posting and keep a copy!)

[hotmale]

I asked them everything in writing and guy refused by saying its company policy not to write and call only(strange and funny) he said he can ask manager to call back thats all he can offer. ive got all this in an email.

and tommiriw as he has already offered he would stick ti the repairs.

- can you please advise what should I ask for as he is basically dictating the outcome and there is no option ‘b’m

[des8]

Email them the documents.
Tell them that you consider that sufficient proof that the vehicle is not of satisfactory quality, and therefore the seller was in breach of CRA 2015.
Further CRA 2015 Sec 19 (14) deems the vehicle did not conform to the contract on the day of delivery.
You note CRA 2015 allows them one attempt at repair
Tell them this has to be done at no cost to yourself(CRA 2015 Sec 23 (2) b) and so they must arrange collection and delivery
And with as little inconvenience as possible (CRA 2015 Sec 23 (2)a ) so you anticipate they will arrange a free courtesy car for you.

Tell them you would prefer however for them to accept rejection of the vehicle, and if they are not prepared to do this you are considering a claim for misrepresentation based on the selling of a nonexistent warranty by the dealer. This is clear misrepresentation, and could allow you to rescind the contract, as without that warranty you would not have purchased the vehicle. It was a false inducement to purchase the vehicle.

Insist on a written response, letter or email.

[hotmale]

Hi last evening ive sent the garage inv confirming leak and accelration issue. Ive received the reponse today stating that its not enough to prove that “fault was there at point of sale and need full report with cost estimates” and bank refused to pay for report until any decision is made.

I am not happy about this as Ive provided garage invoice around 4 weeks after the sale date with an issue and still want me to prove “issue at point if sale” and again there is no mention of warranty issue and also says full refund is not an option.

can you please advise how can I start court proceedings against santdaer as seems like they are not in a mood ti resolve this issue.

Thanks

[ostell]

CRA does state that it can be assumed that the fault was present at purchase and it is the responsibility of the seller to show that the fault was not present when sold. Find this section and forward it to Santander and ask why they believe that legislation does not apply to them.

[des8]

The bank are stupid as the Act is quite clear (see post 39)

Out now, but will post more detailed response later.

[hotmale]

The bank are stupid as the Act is quite clear (see post 39)

Out now, but will post more detailed response later.

cheers Ihave requested call from manager will mention this but need a formal action now as not going anywhere with this

[hotmale]

Spoke to manager. Nothing new he said - as company stop trading(active on companies house) bank is taking care and. and CRA2015 assumption rule doent apply to them, Ive to get the full report to prove this fault. He didt mention anything about warranty and until then no decision willbe made and there is no esclation process.

thanks

[des8]

That manager must have his own version of consumer Credit Act.
Before I suggest a wording for your letter can you please post up a copy of the garage report on the car's fault?
I'd like to see exactly what it states.

[hotmale]

Hi there is advisory section on the page and exact wording
“coolant level down due to leak need further investigation”
”loss of power in high gears further inspection required to find fault”

the conversation with machanic was i need to monitor levels as they shouldnt go down alot however first couple weeks coolant level went hardly went down as Ive hardly used car but then ive been to couple of long drives this is when car struggled and ive to topup coolant and then raised issue with seller who played hide and seek for couple of weeks before refusing any further assistance

thanks