Issues with Newly Bought Used Car - Trader not bothered

[hotmale]

Please let me know whenevr you are free as I am getting stressed now

thanks

[des8]

I'm not sure that the garage advisory note is sufficient proof that these faults actually exist.
They seem more to me that the garage is saying they need to investigate your report about these problems.
What you need is the garage to say they have noted after examining the vehicle themselves that there is a loss of coolant and a loss of power....

Just seen your last post.. no need to stress as this is now Bank Holiday no need to hurry.

....and if you find this stressful, do you really want to initiate court action?

[hotmale]

Thanks, I am not surr thats why I need your expert advise as Ive never been in such situation, Garage is happy to provide the inspection report however he has already mentioned about leak when he has last inspected.

he has checked this yesterday and confirm that issue is still there and can damage engine installation f not resolved soon.

do I need another letter ? I am more worried about bank attitude as seems like every time i speak to them they need something else its bullying Ive not done anything wrong bought faulty vehicle thTs my fault.


appetciate all you guys help and advise

[des8]

Ok , I'll get something out over the weekend.
Bit busy at mo' with family over from Australia and wanting guided tours of Wales!

[des8]

I'd be sending something along the following lines
As already discussed you are IMO unlikely at this stage to obtain a refund.
A repair and damages, preferably by negotiation and not court will be your best option.

LETTER BEFORE ACTION

Dear Sir,
On dd/mm/yy I purchased a motor vehicle ( insert make, model,year of manufacture, registration number) for £xx from xyz motors.(ltd?)
I paid £xx via my credit card number 12345678.
I purchased the vehicle as a consumer, so this was a consumer-business transaction and is thus regulated by the Consumer Rights Act 2015 (CRA 2015) and the Consumer Credit Act 1974 (CCA 1974)

Section 9 of CRA 2015 requires goods to be of satisfactory quality.
I do not consider the vehicle I purchased to be of satisfactory quality as it suffers from excessive loss of coolant and a loss of power in high gears.
These problems were confirmed by abc garage in their report of dd/mm/yy (copy enclosed).

As XYZmotors ltd are no longer trading I lodged a claim with yourselves on DD/MM/YY, invoking sec 75 of CCA 1974.
I would remind you of the wording of this act, which makes you the credit supplier jointly and severally liable with the supplier of the goods:
"If the debtor under a debtor-creditor-supplier agreement falling within section 12(b) or (c) has, in relation to a transaction financed by the agreement, any claim against the supplier in respect of a misrepresentation or breach of contract, he shall have a like claim against the creditor, who, with the supplier, shall accordingly be jointly and severally liable to the debtor."

As the claim was made after the expiry of thirty days after purchase, it is deemed that the goods were unsatisfactory at the time of delivery
(CRA 2015 Sec 19 (14)) and thus it is for the seller to prove the fault was not present at the time of sale

I note CRA 2015 allows one attempt at repair if the vehicle is rejected, but this has to be done at no cost to myself(CRA 2015 Sec 23 (2) b)
and with as little inconvenience as possible (CRA 2015 Sec 23 (2)a ).

However your employees are denying me my statutory rights under the two acts, viz CCA 1974 and CRA 2015, and are refusing to arrange repair of the vehicle. This leaves me no alternative but to initiate court action if I do not receive a satisfactory response within 14 days.

I am looking for you to bring the vehicle to a condition where it complies with the requirement to be of satisfactory condition, and reimbursement of all my expenses, which I will quantify in due course.

Additionally the sale was supposed to include three months warranty.
This was an inducement which lead me to purchase the vehicle.
When I had reason to claim on the warranty I discovered it did not exist.
This amounts to fraudulent misrepresentation, and so I am minded to invoke either The Consumer Protection from Unfair Trading Regulations 2008 or the Misrepresentation Act 1967 and declare the contract rescinded.

Failing receipt of your written proposal within the next two weeks I will initiate court proceedings without further notice.

Yours fflly

Don't post immediately.... wait a day or so to see if anybody else comments.
As mentioned already I might not be on here much during the next week.

[hotmale]

Thanks for your reply shoukd I send this to the sec75 tram dealing with my case or to customer service or any other team?

[des8]

Complaints
Santander UK Plc (i think that's who you are dealing with, but haven't checked back!)
PO Box 1125
Bradford
BD! 9PG

and copy to dept you have been dealing with

[hotmale]

Hi thanks, until now sec75 team is dealing however there is complaint on my account as well, do i need to CC in sec75 or complaints post should be enough?

[des8]

Belt and braces
Letter to complaints (marked "copy to sec 75 or whatever.)
Copy to Sec 75 or whatever.

Not absolutely necessary, but might stop confusion within the company

[hotmale]

Thanks will do in next couple of days thanks for youur advise and time.

[hotmale]

Hi All quick update I’ve sent the letter to complaints plus sec-75 team with 14 days deadline.

Will update you further if there are any responses, what would be my next action if there are no contacts by bank. I’ve received automated email from ceo complaints team regarding legal action


thanks

[des8]

give them a little time over your dead line and then initiate court proceedings if you hear nothing.

[hotmale]

yes sure however I keen to get recording of my conversation with bank as agent did mention that seller said "headgasket issue was there at point of sale" and customer was made aware of that. Do I've to raise a sar request as I've mentioned couple of time for the call recording and no where in their replies they have mentioned anything about this.

Thanks

[des8]

You could send an SAR, but of course if the assertion that you were made aware of a headgasket issue prior to purchase is believed by the court it won't do your case much good.
I would ignore that for the moment, and see how matters develop.

[hotmale]

I’ve received call from executives office of my bank today and they have basically repeated what sec-75 has told me nothing new has been included. When I asked about the warranty issue she said – That is a gift and cannot be claimed against value.
I’ve requested her to provide me copy of the conversation between me and sec-75 where agent has mentioned that seller provided details of headgasket issue to customer. I ‘ve screenshots of the advertisement and no where any issues has been mentioned it says immaculate condition. I can prove in court with evidence as the argument bank is having is ‘I have to provide report to prove fault’ and my argument is

• Issue confirmed by local garage
• Issue confirmed by seller and agent – Call recording.
• Gave bank option to pay upfront to get the report – Bank refused as not willing to pay for report upfront.
• Warranty – Mentioned on invoice (not a gift)

I will receive this letter within next couple of days and I’ve told agent that I will now take legal action based on 14 days window.
Seems like no one is looking into this issue seriously as agent who called me was not even aware warranty details are there on the invoice she called this gift and she didn’t even listen to the call and said that she has reviewed interactions (and accepted that didn’t listen). Basically seems like she was another bank agent from the s-75 team.

Please let me know whats next as I’ve to take this to the local court now.

Thanks