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Bought a car from a dealer gearbox has gone.

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  • Bought a car from a dealer gearbox has gone.

    Good Afternoon everyone !*

    I would like some help and advice if possible. I will try to make as much sense I can.

    I am so sorry for such a long post however, I tried including as many details as possible.*


    My wife and I decided to buy a bigger vehicle *as we use our car everyday to travel to university and work as both are located in London, and we live on the outskirts in Kent.*

    We found this lovely looking car for a great price at a dealer in Peters borough (100 miles away) I drove down on 8th of November 2019 liked the car and part exchanged and paid the rest by cash.*
    A week later driving on our daily commute the engine bay steams up and a strong smell of burnt oil. I stopped, looked underneath the car and could see something is leaking on the exhaust thinking it was oil I was worried that it can catch fire called the dealer asked him to repair it. Took the vehicle to him turns out it was engine coolant gasket. However, the smell was still there and that has been explained by the dealer that the rocker cover gasket has been replaced and some oil was on the engine from the repair before. Dealer has provided a courtesy car while the gasket was being dealt with. 1 week goes buy not a word from him. I call him to ask how are things going? He replies saying that his mechanic has walked out on him, and he only has one mechanic, they are very busy please don't call we'll call you. I thought that was a bit rude however, apologized explained that I have to pay the Dartford charge 4 (£10) times a day on the courtesy car and it's very expensive for me. 2nd week goes buy not a word from the dealer I decide to call again. He shouts at me and hangs up the phone. 3rd week goes by I call him again to ask him for at least an update on the vehicle again very aggressive attitude tells me to f*** off, and he'll call me when it's ready. Another 4 days later I asked my dad to give them a call and the car was ready to collect.*

    12/01/20.*
    I drive to Victoria Coach Station to pick up my mum. At around 6pm the gearbox breaks on the car. No gears at all the car just rolls and revs.* (I have done since I bought the car 1000 miles)

    I called the dealer yesterday 13/01/20 and explained this issue to him. He said there's nothing we can do but bring it here we can have a look at it. I arranged a car delivery service another £200. And I receive a call from the dealer saying they will not repair it or replace the vehicle. The only thing they can do is outsource the work to another garage but I will pay half he also said "if you're not happy with that sue me". I'm trying to explain to me that we are students we rely on this car, it was a lot of money for us plus we exchanged a good reliable car, that we do not have spare £800 that we could just come up with. He gets angry and hangs up.*

    I call Citizens advice bureau they tell me Consumers Goods Act 2015 that he should repair the vehicle or replace. They told me to write the dealer a letter and send it signed for.*


    One issue what should I write i.e. what should the letter contain ? Are there templates or perhaps somebody could check the letter after I have written it ?*

    P.S. When I went to collect this vehicle after repair the first time he made me sign a paper saying that I do not want any work done on the oil smell. He assured me the smell it's not a big issue it's just when previous leak was they repaired it and haven't cleaned it. I said ok and signed the paper. (Attached below) on the phone he told me you signed a paper, and we will not do anything under warranty.*

    Please somebody who has been in similar situation or know how to deal with this issue please help.


    Thank you so much!



    *
    Many Thanks

    Alex
    Tags: None

  • #2
    Originally posted by abrook11 View Post
    Good Afternoon everyone !

    I would like some help and advice if possible. I will try to make as much sense I can.

    I am so sorry for such a long post however, I tried including as many details as possible.


    My wife and I decided to buy a bigger vehicle as we use our car everyday to travel to university and work as both are located in London, and we live on the outskirts in Kent.

    We found this lovely looking car for a great price at a dealer in Peters borough (100 miles away) I drove down on 8th of November 2019 liked the car and part exchanged and paid the rest by cash.
    A week later driving on our daily commute the engine bay steams up and a strong smell of burnt oil. I stopped, looked underneath the car and could see something is leaking on the exhaust thinking it was oil I was worried that it can catch fire called the dealer asked him to repair it. Took the vehicle to him turns out it was engine coolant gasket. However, the smell was still there and that has been explained by the dealer that the rocker cover gasket has been replaced and some oil was on the engine from the repair before. Dealer has provided a courtesy car while the gasket was being dealt with. 1 week goes buy not a word from him. I call him to ask how are things going? He replies saying that his mechanic has walked out on him, and he only has one mechanic, they are very busy please don't call we'll call you. I thought that was a bit rude however, apologized explained that I have to pay the Dartford charge 4 (£10) times a day on the courtesy car and it's very expensive for me. 2nd week goes buy not a word from the dealer I decide to call again. He shouts at me and hangs up the phone. 3rd week goes by I call him again to ask him for at least an update on the vehicle again very aggressive attitude tells me to f*** off, and he'll call me when it's ready. Another 4 days later I asked my dad to give them a call and the car was ready to collect.

    12/01/20.
    I drive to Victoria Coach Station to pick up my mum. At around 6pm the gearbox breaks on the car. No gears at all the car just rolls and revs. (I have done since I bought the car 1000 miles)

    I called the dealer yesterday 13/01/20 and explained this issue to him. He said there's nothing we can do but bring it here we can have a look at it. I arranged a car delivery service another £200. And I receive a call from the dealer saying they will not repair it or replace the vehicle. The only thing they can do is outsource the work to another garage but I will pay half he also said "if you're not happy with that sue me". I'm trying to explain to me that we are students we rely on this car, it was a lot of money for us plus we exchanged a good reliable car, that we do not have spare £800 that we could just come up with. He gets angry and hangs up.

    I call Citizens advice bureau they tell me Consumers Goods Act 2015 that he should repair the vehicle or replace. They told me to write the dealer a letter and send it signed for.


    One issue what should I write i.e. what should the letter contain ? Are there templates or perhaps somebody could check the letter after I have written it ?

    P.S. When I went to collect this vehicle after repair the first time he made me sign a paper saying that I do not want any work done on the oil smell. He assured me the smell it's not a big issue it's just when previous leak was they repaired it and haven't cleaned it. I said ok and signed the paper. (Attached below) on the phone he told me you signed a paper, and we will not do anything under warranty.

    Please somebody who has been in similar situation or know how to deal with this issue please help.


    Thank you so much!


    Hi there

    Ok, under the Consumer Rights Act 2015, if the vehicle is faulty, and the fault was present at the point of sale, then the trader has a problem. You have the right to reject the vehicle in the first 30 days if it is faulty, after that the trader has to be given the chance to repair the fault before you reject it.

    It seems to me you have the potential right to reject the vehicle under the Consumer Rights Act if you no longer want the vehicle.

    I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

    If you need to contact me please email me on Pt@roachpittis.co.uk .

    I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

    You can also follow my blog on consumer credit here.

    Comment


    • #3
      pt2537*Thank you so much for responding ! What steps should I take ? Is the letter I wrote above sounds formal enough ? Does it make sense ?*
      Many Thanks

      Alex

      Comment


      • #4
        Could you post up your proposed letter

        Comment

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