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Hi all. What a great forum. This is my 1st post so I'll try and make it as concise as possible.
I have had a look through previous posts of a similar nature to find answers but everybody's situation differs.
I have a used vehicle that was purchased at the beginning of Feb 21 that developed a fault on the 6 week mark after purchase.
I could not raise the trader, they would not accept my calls to their numerous telephone numbers and messages through their website. Eventually I managed to make contact through messaging on social. During our conversation thread, I gave the trader the opportunity to agree to fix the vehicle, or give my money back.
The trader advised me that the issue I was experiencing was common with these vehicles and that an oil change and engine flush should sort it. Ie; "do it yourself". I agreed to look into it and organised to take the vehicle to have the work completed independently. (Because of the distance between the trader and I, it would cause us significant disruption and as it is, the vehicle would not have made it anyway! Read on...)
On the way to have the work completed as suggested by the trader, the vehicle broke down and I had to be recovered. The vehicle was looked at by a mechanic who said that it is terminal, the car needs a new engine and that the oil pumping fault would have been present when the vehicle was purchased 6 weeks previously. The vehicle is not driveable.
After speaking at length to CAB, it has been determined that during the course of our conversation thread on social, I gave the trader a key opportunity to offer to repair the vehicle which he didn't take up. As a result, I could now look at recovering my money.
I sent an initial letter setting out what happened, that I believe he breached my rights and that I would like my money returned.
Surprise, surprise. No reply.
I then sent a Letter Before Action (after consulting with the CAB), again setting out what happened, how it breached my rights and that I would like him to collect the undriveable vehicle and return my money.
Surprise, surprise. No reply within the 14 day time-frame I gave him.
A few days later I receive a letter from a law firm representing him, replying to my 1st letter *eye roll*
They say "we do not agree the short term right to reject is available to you as this is limited to thirty days after purchase. If the car does have a fault that was present at point of purchase, our client has the right of repair. You have provided no evidence of any fault although you say the car is beyond repair. Please provide further information and the current mileage of the vehicle."
I responded setting out that he had an opportunity to offer to fix the vehicle but did not, so we were now beyond that. I also sent a letter from the mechanic who recovered the vehicle providing evidence that the vehicle was non-driveable and I provided the mileage (Under 1000 miles since purchase). In addition I reminded them that the burden of proof fell on the trader.
They then sent another letter asking for proof of the mileage. This is becoming a joke now, seriously?
So on 1st May I sent a letter with a picture of the dash to prove the mileage.
To date I've had no reply and I'm now keen to get this resolved. I gave them 7 days to reply, we're now on day 12.
It appears to me that his representatives are 'muddying the waters' in the hope that I'll just go away, which I could. After all, the claim is only worth £2000.
I'm itching to get it resolved, but I'm not sure if I've given it enough time in the eyes of the court? Should I wait to see what their reply is, or just go ahead and issue?
Keen to know your thoughts.
Oh and, I paid by bank transfer *eye roll again*. When I picked the vehicle up, the 'card machine wasn't working'. More fool me. Never again.
Cheers for reading...
I have had a look through previous posts of a similar nature to find answers but everybody's situation differs.
I have a used vehicle that was purchased at the beginning of Feb 21 that developed a fault on the 6 week mark after purchase.
I could not raise the trader, they would not accept my calls to their numerous telephone numbers and messages through their website. Eventually I managed to make contact through messaging on social. During our conversation thread, I gave the trader the opportunity to agree to fix the vehicle, or give my money back.
The trader advised me that the issue I was experiencing was common with these vehicles and that an oil change and engine flush should sort it. Ie; "do it yourself". I agreed to look into it and organised to take the vehicle to have the work completed independently. (Because of the distance between the trader and I, it would cause us significant disruption and as it is, the vehicle would not have made it anyway! Read on...)
On the way to have the work completed as suggested by the trader, the vehicle broke down and I had to be recovered. The vehicle was looked at by a mechanic who said that it is terminal, the car needs a new engine and that the oil pumping fault would have been present when the vehicle was purchased 6 weeks previously. The vehicle is not driveable.
After speaking at length to CAB, it has been determined that during the course of our conversation thread on social, I gave the trader a key opportunity to offer to repair the vehicle which he didn't take up. As a result, I could now look at recovering my money.
I sent an initial letter setting out what happened, that I believe he breached my rights and that I would like my money returned.
Surprise, surprise. No reply.
I then sent a Letter Before Action (after consulting with the CAB), again setting out what happened, how it breached my rights and that I would like him to collect the undriveable vehicle and return my money.
Surprise, surprise. No reply within the 14 day time-frame I gave him.
A few days later I receive a letter from a law firm representing him, replying to my 1st letter *eye roll*
They say "we do not agree the short term right to reject is available to you as this is limited to thirty days after purchase. If the car does have a fault that was present at point of purchase, our client has the right of repair. You have provided no evidence of any fault although you say the car is beyond repair. Please provide further information and the current mileage of the vehicle."
I responded setting out that he had an opportunity to offer to fix the vehicle but did not, so we were now beyond that. I also sent a letter from the mechanic who recovered the vehicle providing evidence that the vehicle was non-driveable and I provided the mileage (Under 1000 miles since purchase). In addition I reminded them that the burden of proof fell on the trader.
They then sent another letter asking for proof of the mileage. This is becoming a joke now, seriously?
So on 1st May I sent a letter with a picture of the dash to prove the mileage.
To date I've had no reply and I'm now keen to get this resolved. I gave them 7 days to reply, we're now on day 12.
It appears to me that his representatives are 'muddying the waters' in the hope that I'll just go away, which I could. After all, the claim is only worth £2000.
I'm itching to get it resolved, but I'm not sure if I've given it enough time in the eyes of the court? Should I wait to see what their reply is, or just go ahead and issue?
Keen to know your thoughts.
Oh and, I paid by bank transfer *eye roll again*. When I picked the vehicle up, the 'card machine wasn't working'. More fool me. Never again.
Cheers for reading...
