Dealer Pretending to Be RAC approved

[JoeJoe]

I bought a Car from a used dealer the advertises on Autotrader and on their website as being RAC approved and that they do the RAC checks on all car before selling them etc. Their lot has all the branding for RAC as well. When I viewed the car I had this in mind so was not to concerned about checking everything on the car. It was low on petrol and missing a nut on each wheel so I couldnt test drive it very far. I asked on the day if the RAC checks had been done yet on the car and the sales guy said no all checks would be done the next day when they put it through MOT (didnt say anything about RAC). It wasnt until right as I was buying the car a few days later that I asked about RAC again that he said they were not with the RAC. I bought the car anyway as I needed a car urgently and was literally transferring the money as he told me.

After a few days noticed few issues that concerned me some noises, mirrors not working and car tracking left so I had a AA vehicle check done and they said 'Essential & advisable repairs required - not suitable for purchase unless all essential repairs are undertaken and advisable repairs, if any, are planned and budgeted for.'

Red:
 Coolant contaminated
 Oil leak from top and bottom of engine
 Noise on engine on start up
 Mirrors not working
 Noise from engine at approximately 20mph
 Noise from rear suspension
 Please also see interior and bodywork comments

Amber:
 Clip missing from bumper
 Subframe slightly corroded
 O/S/F spring corroded
 Mould back of seat belts
 Tyres are cracking
 Wiper blades smearing
 Vehicle pulls to the left on test drive
 Auxiliary belt cracking
 Missing parcel shelf
 Please also see interior and bodywork comments
 O/S/R chassis slight corrosion
 Corrosion to exhaust components

6 days after purchase
I contacted dealer 6 days after I purchased the car saying i was not happy with these faults and wanted a Refund as the car was not of satisfactory quality. The dealer replied that the car was fine when it left the lot and that the AA are wrong about the issues and that he would need to get his own assessment by RAC.

12 days later
I dropped car back a few days ago and he has had what he claims is an RAC report done. He sent me 2 photos taken on a phone of 2 pieces of paper from another dealer on the same road as my dealer (this one is who is listed on the RAC site as being RAC approved) I have asked for a full digital report but he has said there is only these 2 pieces of paper one a hand filled check list and the other a sort of invoice/list of faults the AA identified with vague notes about 'no noise heard', 'Mirrors are working see video', 'coolant not contaminated', 'rear suspension noise due to tools rattling' and other notes like 'AA say auxiliary belt has cracked impossible as it has a new gate belt fitted see photos' I have no idea what is going on, is this a real RAC report or something he has done up, has he done repairs to the car or not, the dealer doesnt seem to want to say. Surely the AA guy who looked at my car cant be so incompetent that he cant tell if mirrors are working or not or if there is an engine leak or not or tell the difference between tools rattling and suspension noise. I haven't taken the car back, wondering how best to proceed.

[Pezza54]

Hi
Sorry to read about the problems you are having with your recently purchased car.
Some of the items on the list you should be able to check yourself, such as mirrors not working. If there is still an oil leak you should take a dated photo.
Listen for the adverse engine noise at 20 mph
I would also take the car to Kwik Fit for an inspection of the suspension, tyres and brakes and obtain a report and quote.
There is a chance the car is unroadworthy and dangerous to drive.
You need to act quickly to make sure you are within the 30 day right to reject the car under CRA

How was the car described in the advert or by the dealer before you bought it?
How did you pay for it?

[JoeJoe]

Thanks for the reply
I dont have access to the advert but as i recall it was described as being in good condition I paid £4700, its 9 years old, it has an mot.
I paid with bank transfer as that is the only method the dealer accepted.

The car is still with the dealer I have not taken it back after they took it for testing. He is being vague in his replies and I dont know what if anything has been repaired. I know myself that the mirrors were definitely not working and the car definitely was tracking left but this supposed RAC check is saying the mirrors do work and dont mention any tracking issue. So these issues must have been fixed though the dealer hasn't admitted to fixing anything. The RAC check has been done at the same garage as where the dealer had the MOT done, his mechanic basically.

I have the AA report but i dont have a garage report and quote from somewhere like Kwik fit, is that something I would need to get to go to small claims court? To get that, I would have to take the car back off the dealer, even though I dont know what he has done with the car if anything?

[Pezza54]

Whilst the car is with the dealer the CRA counts this as "waiting time" and the consumer can add the number of days the vehicle is n the garage to the 30 days
You should chase the dealer for return of your car, especially if he is saying there aren't any faults.
You will than need to prove there is still an unfixed serious fault or a number of minor faults to render the car unsatisfactory quality

[JoeJoe]

Thanks for the reply, It seems like he has done some kind of work, but he hasn't said what exactly has or hasn't been done. He didn't discuss beforehand that he was going to repair anything. Is it normal for a garage to not want to admit to having done repairs, is it some sort of liability thing?

I am confused because he's being evasive and not answering any questions; he isn't accepting there are any problems, but he's also not saying directly that there are no problems. It feels like we are in a weird limbo whereby he wants me to collect the car but won't tell me what he has done or if it is free of the faults.

[Pezza54]

It does sound as if the dealer is repairing the faults but won't admit to the faults existing. Your evidence that they existed is your AA check report
When you took the car back to the dealer and didn't reject it under CRA you accepted giving the dealer a chance to inspect the car and repair any faults
The CRA states the trader must repair the goods within a reasonable amount of time and without causing the consumer significant inconvenience.
You should contact the dealer to find out the latest position with the car, ask when it will be ready for collection and point out you are being inconvenienced without your own transport.
Confirm the conversation by email

[JoeJoe]

I quoted the CRA in the first email to them 6 days after purchasing and told them I wanted a refund as the car wasn't of satisfactory quality (as per the AA report). They said they wanted to see the car for themselves, as they didn't agree with the AA findings. I didn't agree to any repairs, just for them to look at the car. They appear to have gone ahead and made some repairs without speaking to me. I personally still want a refund as I don't trust the car or them.

[JoeJoe]

He seems to not be replying to emails at the moment and I dont know really what he has done with the car, The Citizen Info have told me to leave the car there and not take it back and do letter before action but I am not sure if i need more proof of issues to the car than the AA report. This is what he sent me in his last email, is this enough for him to counter my AA report, it looks like he has fixed minor things like wipers and clips but it very vague about the Engine leak and Tracking and just dismisses engine noise and suspension. (As mentioned before he never offered to repair anything just said he wanted to check the car.)

AA report
Red:
 Coolant contaminated
 Oil leak from top and bottom of engine
 Noise on engine on start up
 Mirrors not working
 Noise from engine at approximately 20mph
 Noise from rear suspension
 Please also see interior and bodywork comments

Amber:
 Clip missing from bumper
 Subframe slightly corroded
 O/S/F spring corroded
 Mould back of seat belts
 Tyres are cracking
 Wiper blades smearing
 Vehicle pulls to the left on test drive
 Auxiliary belt cracking
 Missing parcel shelf
 Please also see interior and bodywork comments
 O/S/R chassis slight corrosion
 Corrosion to exhaust components

[Pezza54]

I believe what CAB has told you, not to pick the car up, you would be taking a greater risk with a court claim. The dealer is arguing the AA inspection report was wrong and provided reasons why the AA made mistakes.
The dealer now has your money and the car and by completing his own inspection report seems prepared to defend a court claim.

I personally standby my last sentence in post 4. Your claim to reject the car would be stronger if you can prove the AA was right and the faults are still present

[Pezza54]

The following is a possible scenario if you follow CAB's advice
The dealer tells you they were unable to find the faults and the car is ready for collection
You refuse to collect the car, saying you rejected it.
The dealer refuses your rejection and states if the car is not picked up by so and so date he will charge you £10/day storage
You start a court claim
The dealer defends the claim and counterclaims for the storage charge up until final hearing.
The court takes 300 days to reach hearing.
You lose your claim and counterclaim and you end up with a total cost to include court costs plus £3k storage charge
You get the car back that you hadn't seen for 300+ days

[JoeJoe]

Wow well thats an apocalyptic future you have painted there, Thanks for the info, sounds like it might be best to take car back bring it to Nissan or Quik fit or Halfords or someone and get a report and quote on repairs.

[JoeJoe]

I contacted local Nissan Garages and they are saying they cant look at it until 17th April. This would be 42 days after I bought the car and 36 days after i first said I wanted a refund and rejected the car. They have had it 5 days which I know stops the clock but I would still be outside the 30 day period in terms of my rights or would I be ok as I raised the issue initially only after 6 days?

[Pezza54]

After the dealer returns the car or you collect it, you have another 7 days to test the car.
If a serious fault or a number of faults are still present or recur you should write an official letter rejecting the car under CRA, letting the dealer know the car is available for collection Send the letter attached to an email and first class post with a receipt of posting
There are templates available on the internet (Which is one) to reject a used car

[Pezza54]

Reading the inspection checks at Kwik Fit and Halfords, the only free inspection check worth having is probably the car brake inspection at Kwik Fit
You did state your car was tracking left. It could be sticking calipers or something more serious

[JoeJoe]

Ok thanks, ill try find somewhere to do proper checks other than Halfords or kwikfit