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Car trader ignoring my request for repair - Noval inside

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  • Car trader ignoring my request for repair - Noval inside


    Hi Legal Beagle members,


    I have issues with a car trader who is ignoring my complaints about a car I purchased from them on 02/12/18. The car trader is a private limited company registered on company house.


    Method of contacting them:
    • In person, got thobbed off
    • Letter recorded delivery, ignored
    • Email, ignored

    Issues:
    • Corroded brake pipes, within the first week of ownership had a brake pipe burst - Paid £454 to get it back on the road
    • Propshaft entering gearbox, requires replacing, unknown damage to gearbox. - Found on 05/03/19 after having issues. They also found a blow in the exstaust, corroded brake discs, stabiliser link requires replacing. - Estated cost to get it safe for the road, £1003.

    Car:
    • Vauxhall Vectra 2006 - Paid £1300


    Within 3 months of ownership the car is turning into a money pit and sitting on the drive as its unsafe to be on the road.


    Break down of the last 3-4 months of ownership:


    Brought the car to replace my old Yaris as I was doing more motorway commutes. Wanted a cheap diesel which I could do the miles on.


    Within the first week I had the brake pipes burst, I took it to a garage and had them repair it. I was silly enough not to reject to request the dealer to repair the car or refund it as I had a new job and wanted to be back on the road ASAP so I could get to work. I never pushed it at the time because I understood it was an old car and would have its odd issues, even though the trader told me it was fully serviced and MOT a week prior to selling me the car.


    During late february an intermittent droning sound kept happening while driving on the motorway. I got it booked in for a inspection so I could keep ahead of it. Got an estimated repair cost of £1003 to get it back on the road. The issue was is apparently the propshaft is going into the gearbox, and they don’t know the damage done to the gearbox, which could occur extra cost depending on the damage. The inspection was done on 05/03/18.


    I tried ringing the garage but nobody picked up, so I wrote them a letter recorded delivery explaining them the situation. I also mentioned the brake pipes. I was ignored. So after giving them 2 weeks to respond I drove down to the garage and tried talking to them about it. They sounding interested to help, claimed they never received the letter and asked me to email them with the issues, and the invoices. So I went home and did just that. A week later and got no response.


    My understanding from reading online is that I’m entitled to some protection within the first six months of ownership and it's up to the trader to prove these weren’t existing issues when the car was sold. Naturally I don’t expect any help from them in regards to the brake pipes as I never gave them the opportunity to repair it, or see the corrosion but with regard to the propshaft, do I have any recourse to get them to assist me with it?


    If so, what would my next step be? Are these issues reasonable to expect from a car of this age?


    I would appreciate any advice given.




    Tags: None

  • #2
    Yes, you need to write to them and reject the car now because of the problems. They have refused to fix and you also had problems within the first 30 days that you have a receipt for the fix.

    Tell them you are rejecting the car under the Consumer Rights Act 2015 and, as they have refused to repair, you require a refund of the price you paid and your additional costs within 14 days. You are rejecting because of unsatisfactory quality and not fit for purpose, indeed possibly criminal liability for selling an unroadworthy car.

    Here's the CRA

    Here's a WHICH explanation

    Comment


    • #3
      I suspect they will ignore my letter again. What would be the next steps after I’ve done that?

      Comment


      • #4
        A letter before claim and Money Claim Online.

        Comment


        • #5
          Head that letter "letter before claim" and advise them that no response or an unsatisfactory response within 2 weeks and you will initiate a county court claim without further reference to them.
          And that is your next step

          ostell beat me to it!

          Comment


          • #6
            Thanks for the help. Its great to have a sanity check that I am entitled to a repair.

            Sorry about the required hand holding, I want to make sure I do everything correct. This is the letter I am going to send, do I need to include anything else?



            1st April 2019


            Letter before court claim


            Dear Sir or Madam,


            Re: Faulty Vauxhall Vectra - [INSERT REG]


            I have not received a reply to my letter received by you on 11 March 2019 regarding the faulty car which I bought from you on 02 December 2018. This letter explained what is wrong with the car and why I am entitled to a repair or refund. Since then I have chased this up via email sent 24 Mar 2019 and in person.


            I am now rejecting the car under the Consumer Right Act 2015 and, as you have refused to repair by ignoring my requests I require a refund of the the price I paid and the additional cost of the repair to the brake pipes within 14 days.


            Please see invoice attached for brake pipes.


            I am rejecting this car because of unsatisfactory quality and not fit for purpose, and indeed possibly criminal liability for selling an unroadworthy car.


            [INSERT MY NAME]

            Comment


            • #7
              Title it "letter before claim "

              Comment


              • #8
                It is sufficient

                Comment


                • #9
                  Ready to be sent recorded delivery. Thanks for the help guys

                  Comment


                  • #10
                    Recorded delivery, or signed for these days, can be refused. Frequently the post office deliver and don't record the delivery. My wife's last two attempts to use the service got no record of delivery. Still haven't got the delivery records but have got a refund for the cost.

                    Send first class and get a free certificate of postage. At least that's my suggestion.

                    Comment


                    • #11
                      Find out where their business address is on the companies register and send one there signed for mail. I did that with my complaint which is now in county court ... garage i picked car up from refuses signed for mail but their registered address was their accountant who did sign i also printed the recipt off the royal mail tracker which is modt helpful ! Also if it comes to it make sure you get the right trading name if you have to issue a claim.

                      Comment


                      • #12
                        When serving documents there is no need to send "signed for".
                        The deemed date of service for items mailed first class is the second business day after mailing
                        So first class + free certificate of posting is sufficient.

                        By all means send signed for if you want to waste money.
                        It doesn't matter whether or not they sign for it, it is deemed served anyway 2 days after mailing

                        Comment


                        • #13
                          Too late, already sent. If it doesn’t matter, that’s fine.

                          Time to wait two weeks. In the meantime should I be prepping anything?

                          Comment


                          • #14
                            Start studying court procedures!
                            https://www.barcouncil.org.uk/media/...online_use.pdf

                            Comment

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