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Used Car Dealer CRA - any Help welcome

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  • Used Car Dealer CRA - any Help welcome

    Hi, new to the forum and looking for some support and legal advice. I've been reading some stuff on here for the last few days.

    Can some one help me understand the steps I need to take as I feel this is going to end up in a small claims court.


    At the end of September I purchased a Car for £5600, £5000 on debit Card & £600 using Bacs, The car was purchased 70 miles from my home address at a used dealer. When I got the vehicle home the head light was out and contacted the dealer with a video proving it, he said he would get back to me but never did within 5 days so told him I got the bulb changed, no problem. However...

    Day 12 it was the first cold Morning I started the car and within 2 minutes of leaving the house to entered Limp Mode. After turning the car off and back in it cleared again. I contacted him via whatss app and told him the issue and that if it happened again I would need to take it to a garage.

    Day 14 days later on the way to my partners midwife appointment it happened again. Took it to local garage/tyreshop and no fault was found with the electrics.

    Day 16 days later limpmode appeared again, again to a different gagrge, many faults could be seen at this point but he couldn't pinpoint the issue so cleared the faults. Dealer informed by message

    Day 18 faults appeared again, booked it in with the Ford, as it's ford. Thinking was if anyone knows they will. They came back to me with a estimate of £6998 the car needs a whole new transmission(auto) and that the repair needed takes a considerable amount of time. The Auto box its self is £3500.

    Day 21 contacted the dealer straight away who wasnt really shocked which surprised me, said I'm rejecting the vehicle under the consumer rights Act 2015, short term Reject and that I would like a full refund.

    I sent him a email recorded letter and WhatsApp detailing the rejection under CRA 2015 and asking for a.full refund I I also explained that its extremely stressful and my wife is heavily pregnant with our first child.

    Now speaking to him on the phone he doesnt give straight answers, but basically keeps telling me he has the right to repair it at least once and that he wants his mates garage to look at it which obviously I dont feel comfortable with. I also explained currently the car is at fords service centre and will need collecting. I am not willing to drive it because ove rejected it. In the end I have been firm but fair with him and said I'd take a reduction on the refund if we can sort it out this week as I need a car and my wifes extremely upset and stressed about it all, he basically said no refund at all. The dealer has not called me once to resolve the issue and has not written back. On my last phone call to him he said he would tell me my options on Thursday(Today)

    Couple of things, I need help with

    1, the cars at Fords, how do I go about removing it because it can only stay for so long, do i write to him again explaining that it can stare there until xx/xx/xx. If I arrange a tow truck for it to come to my house am I liable for cost?

    2, whats my next step.. I think hes stalling and will send a letter from a solicitor. In my last letter I gave him 14 days to respond, in the next letter I send after 14 days could I list this issue in more detail supply photos of the issue etc. I was then planning to say something about the car being in a certain location for collection over the next 14days and here's my bank details please refund me on collection, failing this I will start court proceedings. If I need to send another letter is there anybody on here that could help me write one.

    3, I dont feel comfortable with the dealer picking up the car and taking it 80miles away for his mate to look at it, ford have picked up other issues with the car but nothing Major. I dont mind if he wants to take it to a garage local to me or a ford/ auto specialist. I dont even mind if his mate wants to look at it with me there.

    4. What are my rights in terms of costs, if i have to move the car by tow can i put that on him, the Ford diagnostic check and the other checks can I also claim that?


    I'd really appricate any help with this, I feel the dealer has been in this position before. I'm absolutely gutted because I loved the car and it was meant to be our first family car but now I just want my money back. Dealer keeps telling me he needs to speak to his investors. I dont trust the dealer at all. To be honest I've nearly given up, but my partner wants to make sure we dont get ripped off. Its extremely stressful with a baby in a few weeks time. I have also emailed a specialist the report from fords and he has said its £2500 minimum to look at and it will rise depending on the damage in the transmission.


    Thank you for all your help in advance, I'll keep you all updated if he calls me today.




    Tags: None

  • #2
    Hi GODSGAMER

    Contact your bank, ask to do a Chargeback for the £5,000 on the debit card, do this in writing, get Proof of Posting.

    But also phone up requesting guidance on collection of car and get the claim lodged.

    Send them a summary of events with evidence with your claim.

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

    The £600 would need to be claimed through the Courts, once you've followed pre-action protocols. Send letter before action etc.

    But you need to wait to do this as you need to find out how your Chargeback claim is dealt with by your bank.

    Comment


    • #3


      Distressing for your wife & worrying for you!

      Write (first class with free certificate of posting from post office) to the dealer telling him that he has 7 days in which to refund you the full purchase price plus the other costs you have incurred.
      Warn him that if he fails you will initiate a county court claim without further reference to him.
      You could add that as you are exercising your short term right to reject he does not have the right to one chance of a repair.
      In any case you had already given him the chance to repair and he failed

      Comment


      • #4
        Hey, thanks for the replies.

        echat11 I have already done this, but speaking to my bank it they most likely wont be able to help.

        no phone call from said dealer today so the clock continues to countdown.

        Comment


        • #5
          Originally posted by des8 View Post


          Distressing for your wife & worrying for you!

          Write (first class with free certificate of posting from post office) to the dealer telling him that he has 7 days in which to refund you the full purchase price plus the other costs you have incurred.
          Warn him that if he fails you will initiate a county court claim without further reference to him.
          You could add that as you are exercising your short term right to reject he does not have the right to one chance of a repair.
          In any case you had already given him the chance to repair and he failed
          What did the bank say? With Chargeback's you need to persist and be determined. You need to do everything in writing.

          Comment


          • #6
            The Bank said that because the fault has appeared over time they would not look at it but I should contact trading standards, it looked like a standard email back really they also said it was due because they wouldnt be able to prove the fault was there before purchase. Should I contact them back via letter with the steps I have taken.They said they would only charge back if it was delivered damaged. I'm with Natwest.


            Interestingly I found a review on the dealers facebook, so contacted the reviewer and found out they use Lawgistics in Peterborough and he was offered £450 towards his repair and if he would remove the review.

            Comment


            • #7
              According to the previous customer that had a similar issue they ignored all his letters. I've noticed on the recorded letter today its signed but not by someones name I do not recognise but on the map it shows the correct delivery location.

              Thank you for all the help.

              Comment


              • #8
                Originally posted by Godsgamer View Post
                The Bank said that because the fault has appeared over time they would not look at it but I should contact trading standards, it looked like a standard email back really they also said it was due because they wouldnt be able to prove the fault was there before purchase. Should I contact them back via letter with the steps I have taken.They said they would only charge back if it was delivered damaged. I'm with Natwest.


                Interestingly I found a review on the dealers facebook, so contacted the reviewer and found out they use Lawgistics in Peterborough and he was offered £450 towards his repair and if he would remove the review.
                The car was delivered damaged otherwise it wouldn't result in the following, 'They came back to me with a estimate of £6998 the car needs a whole new transmission(auto) and that the repair needed takes a considerable amount of time'.

                Send the template with all the evidence, reports etc. You need to be really determined, don't take any 'waffle'. Don't expect them to do you any favors, because they won't.

                Good investigating.

                Comment


                • #9
                  Hey, do you know if I can move the car while it's still rejected. Fords ideally want it moved from there service centre. Obviously I wont be driving it, it will be moved by a recovery truck. If I do move it should I send a letter detailing when & why I moved it and its available for collection in it's new location.

                  Comment


                  • #10
                    yes you can have the vehicle moved to a safe location and include the cost in your claim for damages

                    Comment


                    • #11
                      Thanks des8. The dealer called me today and has said the following, also been put into a email and sent to me.

                      We would like our approved gearbox specialist to conduct a full investigation on the your vehicle, Which will involve taking the gearbox out and stripping it to actually see what is causing the fault.

                      Until this procedure takes place, we will then to able to discuss the next steps.

                      We would like to recover the vehicle form Ford next week and we help always appreciated
                      This post has been edited to make my position clear.


                      Last edited by Godsgamer; 30th October 2021, 21:50:PM.

                      Comment


                      • #12
                        Do you want the vehicle or not?
                        Decide what you want and we can advise your options

                        Comment


                        • #13
                          I have no faith in the car or dealer. At the same time I dont want serious hassle with current family stresses.

                          As it stands I just want a refund and am rejecting the Car.

                          Thank you for all your help
                          Last edited by Godsgamer; 30th October 2021, 13:02:PM.

                          Comment


                          • #14
                            The way forward is as post 3.

                            Comment


                            • #15
                              Thank you des8. Regarding the dealer wanting to collect to investigate and take the gearbox apart, I take it I have to give him this right? And make it clear I dont want it repaired I just want a refund. Concerned who he would use though to check for the fault.

                              Comment

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