Faulty Used Car - Right to Reject

[MIKE770]

Could insist your own mechanic attends all the way though from pick up cost his time but useful maybe???

[des8]

You cannot stop them taking the vehicle and still appear reasonable.
Now you know why you were advised to reject and not agree to any repairs!

You have given them 2 weeks to have repairs done by Nissan Main Dealers.
They will need to examine the car to see if it is proportionate to have the repairs carried out in that way.

[ostell]

Write to them again reminding them that you have rejected the vehicle under CRA and you have given them one chance to repair even though you were not obliged to.

[Guest]

Thankyou all for the responses.

My main predicament is trust. I do not believe that they repaired the car like they said they did the first time and now it seems that they are questioning that there is a fault.

I have had it diagnosed and it had the same fault code as before as well as a new fault code but they are arguing that it is a past code. Even though I have proof that the green flag deleted the code the first time it broke down. He even drove it back to his lot which 25 minutes away on the motorway even though the green flag advised me not to drive it. He said the part he replaced was £80 and I have been informed by Nissan that these parts are £200 upwards and need to be coded properly into the Ecu. I don't believe £60 labour would come close to covering this cost.

If I were to allow them to take the car they could do anything to it, they could clear the fault codes and claim their mechanic says there's no fault. Or even cheaply repair it again before someone realises he didn't actually do it last time. Where would that leave me? I believe the backstreet garage he uses is a 'friend' of his, its not a reputable garage

I have offered to take it to a reputable garage local to myself to have a diagnostic check (at my cost) and invited them to attend.

After speaking to Nissan and a diesel specialist today. The main dealer is the only one who can do an in depth diagnostic and prove when a fault code was triggered.

The backstreet garage they use would not be able to diagnose anything more than the diagnosis I have already given them which I had done at Halfords.

My only other option would be to have my own in depth diagnosis/investigation done and then let them take it and see if they lie. But where would that leave me if they have the car and refuse the refund/repair at Nissan.

I stated I would only accept a repair from Nissan because I know it will be repaired properly. They also do a full diagnostic for £60 which they don't charge for if they complete the repair.
I don't think thats unreasonable is it? .

[des8]

It is not a question of what is or is not unreasonable.
You might need to prove in court what you have told us.... do you have any written reports or hard evidence?

[Guest]

Thanks for the reply,

Yes I have documented everything. The second diagnosis I had done was just a basic plug in on a diagnostic machine at Halfords which showed the fault codes. I have arranged for a more in depth diagnostic to be done (at my own expense) so. I know exactly what the fault is/ repair cost ect. This will also show if the fault is the same one that they said they had repaired or has been caused by an inadequate repair (scrap yard part ect)
Then if they do insist they have their own diagnostic done I have a full report for my own records.

They have until the 7th to respond to my rejection or book an appointment with the main dealer.

However, I have encountered a problem. I sent my rejection electronically but was advised to send the letter via post (special delivery) which I did.
Upon tracking the letter it states it has been returned to sender because 'recipient no longer at address'

The letter landed back with me this morning.

Where does this leave me. This is the address I went to to view the car, on their website and on autotrader!

[des8]

There was no need to send a letter at all, and we never recommend signed for.
If sending a letter all you need is a free certificate of posting from the PO as per post 6.

You might have to do a bit of sleuthing to see where they are.
You can always use their company registered address, but that won't help to recover your money if they can't be located.

[Guest]

Thanks for responding. I have just noticed the post where someone said 1st class with free proof of postage! Would have been much cheaper at least I have proof they have upped and left or lied to the postman saying they're not there anymore!

I will start digging. The rest of the communication is via WhatsApp and it shows read receipts. So I know they have it.

Can't find an email address listed for the company at all.

Companies house has a different address to the one they gave me and is on their website/autotrader. Should I send the letter there?

[des8]

Yes sending to registered office is acceptable

[Guest]

Quick question? I've spoken to Citizens Advice again and told them about my letter being returned. I've posted the same letter again to the registered address on companies House.

She has just said that if they do not respond when the 14 days is up (which is Monday) to send another letter asking for a response, giving them another set period of time to respond before I send a letter before claim.

How long should I give them this time?!?

[des8]

You gave them 14 days in which to respond.
If they don't, why would you send them another letter with another dead line?
Just bang in your letter before claim which gives them another two weeks to respond before you actually initiate court action

[Guest]

This is exactly what I thought. Why give them another chance to ignore me.

If I keep sending letter after letter then it's going to go on forever and cause me even more inconvenience than it already is! I'm waiting to see if my second letter bounces and they've tried to dissappear completely!

[Guest]

Update... Second letter sent to registered address is still sat at the PO as noone is there.
Did some digging. According to a well established business on the same street (next door) to the address listed says hes never heard of them and the address does not exist

I have also spoken to the Garage who carried out the first repair. He says he put on a second hand part. When asked who supplied the part he said noone as he already had it

I'm going to have fun

[des8]

Don't count on having fun.
Court can be stressful, and there is never a 100% guarantee you will win if you sue.

I also have concerns as you had a letter returned because 'recipient no longer at address', and now their registered address appears false.
So when they don't reply to your claim (as they never receive the forms!) you obtain a default judgment.
How though do you enforce it if they have no premises?

Would you care to name the company so we can have a look around for you?

[Guest]

Yes, saying 'I'm going to have fun' was a bad attempt at sarcasm. I'm already finding it stressful and I've not even got to the point of starting a claim.

I won't name them publicly yet but I will private message you if I can do that?

The royal mail are going to have a second attempt at delivering the letter on Monday but I'm doubting it will be any different.

There has also been some new companies house filings which seem strange.
The person I dealt with/took payment for the vehicle has only just been listed as a company secretary.