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Bought a used car with faults:

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  • Bought a used car with faults:

    Hello and Happy new year!
    I recently bought a used car from a Volvo specialist, they are part of a big motor group.
    On 23rd of December I called them and asked if they are willing to deliver the car, they said they don't do deliveries but they can meet me halfway as they have a garage closer to me. I agreed and they asked me to pay a deposit on the car. I paid 1000 pounds with my credit card.
    On 24th of December I asked my mate to give me a lift and we went to see the car, the car looked ok but engine was still warm and the garage was closing in a bit, so we both checked what we could and I was happy, I agreed to go ahead and buy it, I paid the remaining amount via bank transfer, 17850 pounds.

    The same day I drove back about 100 miles and once I got home I went to get some rest, later that night I was supposed to pick my partner from work, when I started the car the engine was doing a horrible metallic noise, and I mean horrible, sounded like it was falling apart, I took my phone out and recorded it, gave it 5 minutes and tried again and the same thing, horrible grinding/knocking noise. As I couldn't get in touch with them I left the car as it was and gave them a call back on Monday. They kind of hinted that I damaged the car somehow but they agreed to send an AA mechanic to check the vehicle for damage, the mechanic got it here Tuesday morning and couldn't tell what the problem was but he told me not to drive it. I emailed them the outcome of the visit and they arranged a recovery for 26th of December and emailed me that they know what the problem is, a broken EGR pipe.

    As I was getting worried considering my past experiences with car dealers I wrote a letter of rejection on 26 of December asking for a refund.
    I also called the dealership but apparently everyone was busy and been told to call later, later that day their manager emailed me saying he is happy to refund me 17000 pounds as a gesture of goodwill or give me the car back and call it quits.

    I never agreed to a repair, when they sent someone to collect the car I told them I want the money back and they pretended not to hear me, now he emailed me again saying the same thing that he never agreed on a full refund and he has a right to repair but if I want he will refund me 17k,
    I am wondering how to approach this? Do I make a charge bank with my bank for debit or credit card? I am a bit lost.
    Thank you.
    Tags: None

  • #2
    You are covered by the Consumer Rights Act 2015.

    You've rejected the car due to the faults.

    You've paid by Credit Card. Contact your credit card provider, ask to make a Section 75 claim. You can contact them via phone, but also send in the post, make sure you get Proof of Postage.

    https://www.which.co.uk/consumer-rig...t-aZCUb9i8Kwfa

    Send the dealer another letter to the dealer, make sure you get Proof of Postage.

    https://www.which.co.uk/consumer-rig...r-aeziX3M7tYNw

    After that, I'd let the credit card provider deal with it.

    Keep all texts, letters etc.

    Comment


    • #3
      Hey ECHAT11, thank you for the reply, I have all the emails but no recordings of the phone conversations, I am with Nationwide and I see that they have a form for Credit card dispute claims under section 75, will I be covered for the whole amount? How does this exactly work if you don't mind?

      Comment


      • #4
        Yes use the online form. Yes you are covered for the whole amount and any 'consequential losses.'
        You can write out was was said in the phone conversation.

        Because you've paid an amount by credit card, Section 75 automatically covers you for the amount paid by bank transfer.

        Comment


        • #5
          Thank you so much, do you think it would be a good idea of emailing their manager and let them know that I am about to submit a dispute or leave it?

          Comment


          • #6
            Originally posted by AlexV View Post
            Thank you so much, do you think it would be a good idea of emailing their manager and let them know that I am about to submit a dispute or leave it?
            Just send the reject car template to them, you can email that to them (saving you having to post it to them).

            The Credit Card provider will contact the dealer.

            Comment


            • #7
              Great thank you.

              Comment


              • #8
                Another quick question, today I start work, late shift, it's a 2 mile drive or about an hour walk, no access to public transport, the car is with the dealer and he did not refund me yet. I was thinking to go ahead an rent a car till everything is sorted and try to claim the money back by taking him to small claim court unless he will agree somehow to pay for it, am I being unreasonable? I kind of feel like an a..hole doing this but at the same time walking back home after midnight in the rain is not super fun either.

                Comment


                • #9
                  ask the garage if he has a "Rabbit" car (car for customers use if theirs are in for repair.", )if not then any hiring charge will be charged to the garage due to refunds delays and afforded extra cost, up to cleared cheques and relevant expenses. possible court recovery procedure if they fail?

                  Comment


                  • #10
                    I was talking with their manager via email, I tried calling him but apparently he is home, sick, I asked for someone else that can help me and they shrugged "I don't know", tried calling their head quarters and been in que for about an hour.. I start work in about 4 hours, I am tempted to go and just hire a car.

                    Comment


                    • #11
                      make a note of all contact date/time/responses (diary form) if hire keep copies for further use if necessary

                      Comment


                      • #12
                        There is no guarantee, but you could potentially try to claim the costs of travel via 'consequential losses' from your credit card company, just keep the receipts, keep costs to a minimum. Keep records.

                        Comment


                        • #13
                          Originally posted by echat11 View Post
                          There is no guarantee, but you could potentially try to claim the costs of travel via 'consequential losses' from your credit card company, just keep the receipts, keep costs to a minimum. Keep records.
                          As I already filled the form with the bank for a full refund, can I add this costs later on? or do I open another case?

                          Comment


                          • #14
                            Originally posted by AlexV View Post

                            As I already filled the form with the bank for a full refund, can I add this costs later on? or do I open another case?
                            Open another case providing you've contacted the dealer to get help from them regards transport (or lack of).

                            Comment


                            • #15
                              Originally posted by echat11 View Post

                              Open another case providing you've contacted the dealer to get help from them regards transport (or lack of).
                              Long story short the dealer lied to me, on 26th I sent the letter of rejection and later that day he called and said that the problem is rather small and he will have it fixed in 20 minutes and I should have the car next day, I told him that he must not understand the email I sent him but I want a refund, he pretty much ignored everything I said, he told me that he will get me a hire car if they won't have the car back to me asap. Well he did not get me a hire car or the car I purchased.

                              Yesterday someone from their headquarters emailed me, they explained how cars work and that they are extremely complex and stuff breaks, furthermore, because the problem wasn't there at the selling point they wont refund me, especially when the problem took a few days to fix (according to her the car was fixed on 30th) but they did not even bother to contact me on the progress or try to get me a hire car.
                              They also sent me some print screens of what appear to be some sort of laws/agreements.. quote:

                              "Can a dealership take a car back after you signed a contract? The short answer is no. Once you've signed a contract on the dotted line of your purchase agreement, the car is yours.. A customer may take delivery of a car on Friday, drive it around for the weekend and suddenly see something that is much more appealing, but once you've signed the deal, this is binding.." end quote.

                              Comment

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