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Hi there once again I am asking for the help of you good people.
my daughter has had a terrible experience buying a second hand car from a horrible dealer.
He has fleeced her for four thousand pounds which is all her savings. She needs a car for work and she has two small children she takes to nursery. The dealer knows all this as she took the children with her when she bought the car.
He gave her a three month mechanical breakdown warranty and when she took it back after 2 weeks he claimed that it was the clutch and it was wear and tear that she had done in the two weeks she had it. He refused to repair it and refused a refund and told her it was wear and tear and she had done it.
Anyway we have tried to deal with this ourselves but we are not solicitors and really dont know exactly what to do next.
This is the letter we finally sent to him last week. It explains everything that has happened in the letter to him. We said we had legal advice but we havent we just said that to see if it would shake him up. But it hasnt. He hasnt replied to this letter and basically we want your advice on what to do next.
This is the the letter
Dear mr _______
I'm writing to you about the Bmw 116 (2012) I bought from you for £3995.00
Unfortunately following your confrontational manner and reluctance to admit the car you sold me was not roadworthy, or fit for purpose at the point of sale, you have left me with no alternative other than to pursue legal advice.
I have a time line of events and notes of all discussions I have had with you and copies of all letters and emails. So I have these to refer to should I need to validate my claim against you at any time. Should this become necessary.
As you are aware I brought this vehicle back to you for repair a few weeks after I purchased it when a fault developed and drivetrain light coming on and car shaking.
You took the car in reluctantly to your mechanic who diagnosed clutch problems and needing a new link arm for the wheel plus labour you told me it would cost me around £500 to repair as it was wear and tear and the 3 month warranty you gave me only covered mechanical problems not electrical.
This was obviously mechanical but you still insisted that it was wear and tear that I had done in the few weeks I had the vehicle taking my children to nursery and back which is less than 4 miles a day at a top speed of 32mph.
You refused to repair the vehicle free of charge and did not offer me a replacement or refund.
This information you gave me at that time regarding my rights and the validity of the warranty you issued to me was misleading and incorrect. I tried to point that out to you but you dismissed it.
I had to leave your garage with my children in a car you knew was not in satisfactory condition or fit for purpose.
A few weeks later the drive train light came on and black smoke started blowing from the exhaust and would not drive over 20mph. I then made more checks on the cars history as by this time I am very concerned and to my horror I find that the car has been used as a learner car and had duel controls fitted and removed.
This would now explain the fact that the car would have suffered far more than average wear and tear on the engine, gearbox, clutch, and brakes than that of an average car of this age, make and model. Therefore the car was misold, as you did not make me aware that this car had had excessive use. If i had been aware i would not have purchased the vehicle.
I then contacted you again to make you aware that the car was undriveable.
You told me you would collect the car, but instead visited me without a transporter when I had made it blatantly clear to you that the car was undriveable.
You were intimidating, and confrontational and have left me feeling upset and distressed.
Since then you have been to collect the car on a transporter without informing me when you had taken it, where you have taken it, and what you intend to do with it.
So based on the facts.
Which are the following:
At the point of sale the information you gave to me was misleading and in correct.
The vehicle has had dual controls fitted and removed, and has a cracked, repaired, and re cracked alloy and in need of a new link arm to wheel. It obviously has engine problems including drive train light coming on car shaking and black smoke bellowing from exhaust making the car undriveable.
The Consumer Rights Act 2015 makes it an implied term of the contract I have with __________ that goods be as described, fit for purpose and of satisfactory quality.
I gave you ample time and opportunity to rectify the situation, but instead you have continued to deny all responsibility.
You have also had your one chance to repair the vehicle when I brought it back to you the first time. But instead of repairing it you wanted me to incur more cost.
I feel i must decline any offer of repair to the vehicle. After the way I have been treated and the fact you have had every opportunity to put things right I feel now I have no faith in you or your mechanic so I do not wish the car to be repaired, and do not want it back as I would not feel safe that the repairs have been carried out satisfactorily, and would not want to put the safety of my children at risk.
As you are in breach of contract and I've owned the vehicle for less than 6 years (or 5 years in Scotland), I am within my statutory rights to ask for a refund at no further cost to me.
As you already have the vehicle in your posession I look forward to receiving a full refund by bank transfer to my account. Within the next 7 days.
This will then finally conclude the matter.
Please accept this as my final letter to you as I hope we can resolve this matter swiftly and bring it to conclusion without any further delay.
Yours sincerely,
he hasn't replied and it has been 8 days now. Could you please advise on what we should do next. Thankyou
my daughter has had a terrible experience buying a second hand car from a horrible dealer.
He has fleeced her for four thousand pounds which is all her savings. She needs a car for work and she has two small children she takes to nursery. The dealer knows all this as she took the children with her when she bought the car.
He gave her a three month mechanical breakdown warranty and when she took it back after 2 weeks he claimed that it was the clutch and it was wear and tear that she had done in the two weeks she had it. He refused to repair it and refused a refund and told her it was wear and tear and she had done it.
Anyway we have tried to deal with this ourselves but we are not solicitors and really dont know exactly what to do next.
This is the letter we finally sent to him last week. It explains everything that has happened in the letter to him. We said we had legal advice but we havent we just said that to see if it would shake him up. But it hasnt. He hasnt replied to this letter and basically we want your advice on what to do next.
This is the the letter
Dear mr _______
I'm writing to you about the Bmw 116 (2012) I bought from you for £3995.00
Unfortunately following your confrontational manner and reluctance to admit the car you sold me was not roadworthy, or fit for purpose at the point of sale, you have left me with no alternative other than to pursue legal advice.
I have a time line of events and notes of all discussions I have had with you and copies of all letters and emails. So I have these to refer to should I need to validate my claim against you at any time. Should this become necessary.
As you are aware I brought this vehicle back to you for repair a few weeks after I purchased it when a fault developed and drivetrain light coming on and car shaking.
You took the car in reluctantly to your mechanic who diagnosed clutch problems and needing a new link arm for the wheel plus labour you told me it would cost me around £500 to repair as it was wear and tear and the 3 month warranty you gave me only covered mechanical problems not electrical.
This was obviously mechanical but you still insisted that it was wear and tear that I had done in the few weeks I had the vehicle taking my children to nursery and back which is less than 4 miles a day at a top speed of 32mph.
You refused to repair the vehicle free of charge and did not offer me a replacement or refund.
This information you gave me at that time regarding my rights and the validity of the warranty you issued to me was misleading and incorrect. I tried to point that out to you but you dismissed it.
I had to leave your garage with my children in a car you knew was not in satisfactory condition or fit for purpose.
A few weeks later the drive train light came on and black smoke started blowing from the exhaust and would not drive over 20mph. I then made more checks on the cars history as by this time I am very concerned and to my horror I find that the car has been used as a learner car and had duel controls fitted and removed.
This would now explain the fact that the car would have suffered far more than average wear and tear on the engine, gearbox, clutch, and brakes than that of an average car of this age, make and model. Therefore the car was misold, as you did not make me aware that this car had had excessive use. If i had been aware i would not have purchased the vehicle.
I then contacted you again to make you aware that the car was undriveable.
You told me you would collect the car, but instead visited me without a transporter when I had made it blatantly clear to you that the car was undriveable.
You were intimidating, and confrontational and have left me feeling upset and distressed.
Since then you have been to collect the car on a transporter without informing me when you had taken it, where you have taken it, and what you intend to do with it.
So based on the facts.
Which are the following:
At the point of sale the information you gave to me was misleading and in correct.
The vehicle has had dual controls fitted and removed, and has a cracked, repaired, and re cracked alloy and in need of a new link arm to wheel. It obviously has engine problems including drive train light coming on car shaking and black smoke bellowing from exhaust making the car undriveable.
The Consumer Rights Act 2015 makes it an implied term of the contract I have with __________ that goods be as described, fit for purpose and of satisfactory quality.
I gave you ample time and opportunity to rectify the situation, but instead you have continued to deny all responsibility.
You have also had your one chance to repair the vehicle when I brought it back to you the first time. But instead of repairing it you wanted me to incur more cost.
I feel i must decline any offer of repair to the vehicle. After the way I have been treated and the fact you have had every opportunity to put things right I feel now I have no faith in you or your mechanic so I do not wish the car to be repaired, and do not want it back as I would not feel safe that the repairs have been carried out satisfactorily, and would not want to put the safety of my children at risk.
As you are in breach of contract and I've owned the vehicle for less than 6 years (or 5 years in Scotland), I am within my statutory rights to ask for a refund at no further cost to me.
As you already have the vehicle in your posession I look forward to receiving a full refund by bank transfer to my account. Within the next 7 days.
This will then finally conclude the matter.
Please accept this as my final letter to you as I hope we can resolve this matter swiftly and bring it to conclusion without any further delay.
Yours sincerely,
he hasn't replied and it has been 8 days now. Could you please advise on what we should do next. Thankyou
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