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Faults on car

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  • Faults on car

    Hi all after some advice
    Three weeks ago my daughter purchased a secondhand Jaguar XF for £7800 with my help.
    The car was viewed online through videos and photos. The garage was AA recommended which gave us confidence to purchase the car in the condition stated. The car was delivered at a cost of £250.

    On inspection the out side was as described.
    on taking it for a test drive it was noted the passenger window was not working correctly and the air conditioning was not working.

    On the garage inspection papers given to us these faults we noticed were ticked as in good working order. Clearly this would show that the inspection was not done correctly.

    My daughters partner wrote on the inspection form the two faults that had been found and given back to the garages delivery driver. Also he telephoned the garage and was told to claim under the warranty.

    We contacted the warranty company and they wanted a diagnostic test done which was completed by our local garage. The cost of the repair work was to be over £1000 and the warranty company would only cover the first £250

    We went back to the seller with all this information and they agreed to cover the shortfall so all good so far.

    The seller then asked for our local garages details and to send them an invoice with the cost of parts and labour ect.

    An invoice of such was sent over.

    As this work cannot be done for another 10 days we collected the car from our local, only to be told the seller had been in contact with them and asked the if they supplied a second hand part (the air conditioning compressor) if they would fit it. This request was rejected outright.

    Also since the car has been with our local garage they have noted some wiring underneath the car has been cut and some unplugged. This wiring and plugs are to do with the sensors on the exhaust system.
    We have taken photos of these and forwarded them to the seller.

    We are waiting on a response from the seller regarding all these matters now as I assume to repair the wiring and any other damage done would be very expensive to repair and feel our dealings with the seller may breakdown.

    So my questions at present are:

    1 can the seller put secondhand parts on the car as a fix and expect us to accept this.

    2 can we reject the car and with what I have told you would we have enough evidence to do this

    3 if the seller decides to say the cost of repairs is not viable for them and offer a full refund would we be able to claim expenses incurred such as; the delivery cost, the diagnostic test, cancellation of car insurance and car tax.

    Overall we would like to keep the car if these problems were solved and we have offered them to collected the car for them to do the repairs but the told us this would not be cost effected, but that was only up to the time before the wiring fault was found.

    sorry for the long rant but trying to get as much information to you as possible

    cheers Bomber99
    Tags: None

  • #2
    Hi Bomber99

    Have you got exact dates for the various events?

    Also how was the car paid for?

    Comment


    • #3
      As you noted, and informed the trader at the time of delivery, of the unsatisfactory condition of the vehicle and as the vehicle has not yet been returned to a satisfactory condition you are still within the first thirty days in which to reject the vehicle and obtain a full refund plus damages (ie costs you have been put to directly because of the vehicle)

      Comment


      • #4
        Thanks for that info DES8
        can the seller insist on using second hand parts to do a repair?
        Car was paid for by debit card

        Comment


        • #5
          You have the right to reject the vehicle, unless you have already requested he repairs it.
          As you have agreed to repair you must allow him one chance to bring the vehicle to a satisfactory condition (this will include the new faults you have discovered).
          As the vehicle is not new it is in order for him to fit used parts if they are of satisfactory quality

          Comment


          • #6
            Hi des thanks for the info

            as we have asked for a repair where would stand if they then say we are not going to repair and give you your money back but argue over expenses. If they refuse to pay our expenses can we demand they do the repair ??

            Comment


            • #7
              If the dealer declines to repair (due disproportionate cost of repair perhaps) but offers a full refund, you could then go on to accept the refund but also claim damages.
              If they refuse the damages and still won't repair, you could consider initiating court action.
              Bear in mind that nothing is certain in court and negotiating is better

              Comment


              • #8
                Hi DES8
                thank you for your sound advice as usual.

                The car is being returned to the dealer (some 350 miles away) at there expense, for a repair.

                The strange thing is when we first mentioned the fault with the air con system they said it probably just wants re-gassing and advised us to try this. Our local garage done this but found this not to be the cause. Would this be classed as the first attempt at a repair?
                Or by the dealer taking the car back to there premises to do a repair be classed as the first attempt in a legal sense.

                many thanks for your advice it is much welcomed
                Bomber99

                Comment


                • #9
                  If after it's been repaired, you still have faults / issues, if you paid by Visa Debit, you could make a claim. Keep all the documented evidence of repairs, summary of events etc -

                  https://www.which.co.uk/consumer-rig...k-abZ2d4z3nT8q

                  Comment


                  • #10
                    The clock stopped when you first advised the dealer the car was unsatisfactory Which I believe was on delivery when you pointed out a faulty window and non operative air con)
                    It does not restart until you receive the car back in a totally satisfactory condition.(bearing in mind age of car and price paid)

                    Comment


                    • #11
                      Thank you ECHAT11 & DES8 for your replies.
                      I can see trouble ahead as they are now questioning the cost to return the car too them to be repaired. They are saying they WERE going to cover the cost of sending car back as a goodwill gesture but because of the cost they will have to have a meeting to discuss this.

                      Am I right in thinking it is their responsible to collect the car at their expense to do the repairs.
                      if I am right what legal rule could I quote them
                      Thank you for your time and effort as it is much appreciated.
                      Bomber99

                      Comment


                      • #12
                        CRA 2015 sec 23
                        (2)If the consumer requires the trader to repair or replace the goods, the trader must—

                        (a)do so within a reasonable time and without significant inconvenience to the consumer, and

                        (b)bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).

                        Comment


                        • #13
                          Thank you DES8 it is a great help

                          Comment


                          • #14
                            Good morning DES8
                            may I ask another question.
                            If the dealership do pick the car up for repair, would it be their responsibility to return the car back to us or would it be our responsibility to go and collect it . As mention before the dealership is some 350 miles away.
                            Very grateful for you sound advice
                            Bomber99

                            Comment


                            • #15
                              They will be responsible for returning the vehicle to you when in a satisfactory condition

                              Comment

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