Faulty Car on Finance

[Daniel79]

Hi everyone,

So I think I am a bad car magnet.
My last post => https://legalbeagles.info/forums/for...used-car/page3

Now I bought a new car Vauxhall 2015 62k mileage @ £4,099 through finance. But as soon as I drove out, the engine management light came out. There was also some tapping noise from the engine. Took it back, they sent me to their mechanic. Ran the scan and there’s some fault with crank shaft position sensor.

The mechanic advised me to keep driving it as it won’t impact general driving and will not make the situation worse and book a repair next week as they’re not free at the moment. They say it’s a day long job.

I came back home, thought about it and sent an email last night stating I don’t want to wait a week and I don’t want to keep driving it as I fear it’ll make it worse. The 3 month warranty provided ( 3rd party ) says when there’s a problem, the vehicle shouldn’t be used further . At this point, I have not been told if it’s the dealer or warranty company who’ll undertake the repair.

What should I do please suggest?

[DE DOGS]

My opinion is as soon as you diagnose this (Dash light comes on) it goes, back to the dealer, these warning lights are there for a reason, my experience is, that the mechanic gave you the wrong information, I would gamble this car has been returned previously, Anyhow get your money back, Crankshaft can mean many things, to put a finer point on it, it can be very expensive repair.PS a crankshaft sensor would take the mechanic half hour, that involves having a tea break in between

[Daniel79]

Hi DE DOGS ,

I appreciate your input on this.

So is this sufficient reason to reject the car given by statutory right within 30 days? The dealer wants me to bring it over on Monday. He wants to repair. Am I within my rights to reject repair and return the car?

[Pezza54]

IMO you should reject the car, on the grounds it is of unsatisfactory quality and not fit for purpose (you can't safely drive the car)
The finance company owns the car, so write to them, copy to the dealer, stating you want to reject the car under the CRA short term right to reject

What happened in the end to your previous thread?

[Daniel79]

"

IMO you should reject the car, on the grounds it is of unsatisfactory quality and not fit for purpose (you can't safely drive the car)
The finance company owns the car, so write to them, copy to the dealer, stating you want to reject the car under the CRA short term right to reject"

Hi Pezza54 ,
Thank you for your response.

If the dealer says it's a minor fix and not a big issue , do I stick to my guns or let him repair with warranties on repair?


"What happened in the end to your previous thread?

"

I sold the car for £500. I paid £2700 for it, put a new clutch £265. It's a disaster. But after rejecting the car I kept driving it since I had no option. And when you and DE DOGS suggested I might have blown my claim by continuing to use the car, coupled with the fact that I did not have an invoice and paid part cash, I just couldn't go ahead with it. It's a tough pill to swallow.

[Pezza54]

If it was me I would give the dealer one chance to fix it. If the dealer fails you can still reject the car for a full refund of the monies you have paid to the fc and dealer
If you reject the car now the fc and dealer may fob you off with excuses and take weeks if not months to refund you
In the end it is your decision

[Daniel79]

If I accept repair, what happens to my 30 day right to reject? Does it move to the ‘ over 30 days - 6 months scenario’ where dealer has to prove the fault was not there when the car was sold?

[Pezza54]

The time the car is in the garage for repair is called "waiting time" in CRA and is added to the 30 days. The consumer has a further 7 days to check the fault has been corrected

[Daniel79]

Hi Pezza54 and DE DOGS ,

I accepted repair. Left the car last Friday and collected on Monday this week. The engine light is gone and I was given an invoice of £100 for Cam Shaft sensor removal but was said payment was done by dealer.

Everything else looks fine apart from two things:

1. The engine makes sound like skipping a beat. I can’t notice it while driving but I can hear it when I’m outside. Took it to Halford today and they looked from outside and said it’s probably the timing chain.

2. I now notice the brake makes a grinding sound while i brake strongly or hard when on speed.

The vehicle was advertised with full service history. I don’t have the service book yet as it was said they haven’t received it from customer who they took part exchange from and will post to my address. I have a limited credit score and it was very hard for me to find finance. The dealer didn’t provide finance facility, it was third party, but I was bot in the position to not accept delivery until I was provided service book.

So what’s my responsibility on this? Am I obliged to do the repair myself on the timing chain as it is wear and tear item? What about grinding brakes?

I have accepted repair once. The vehicle has been in my possession for 6 days. Can I demand timing chain replacement? Brake repair? Can I reject vehicle on this ground?

The vehicle is good apart from this. I am happy to have this if the timing chain and brakes didn’t have issue.

I seek your guidance on this please.

[Pezza54]

Sorry to read about your ongoing car problems
Unfortunately the brakes are a maintenance item and not covered under CRA for a used car
As the car is 9 years old with 62k miles on the clock, the timing chain, in my opinion, is also a maintenance item

[Daniel79]

Hi Pezza54 and DE DOGS ,

The car’s broken down again. Doesn’t start and if it starts the engine is shaking violently.

Currently awaiting recovery.

What should be my next step? Called dealer, he says we close in 2 hours. Bring it and leave outside dealership.

Thank you.

[Pezza54]

Reject the car and tell the dealer it is his responsibility to collect it under CRA. Anyway, how can you deliver it? It is undriveable

[Daniel79]

Reject the car and tell the dealer it is his responsibility to collect it under CRA. Anyway, how can you deliver it? It is undriveable

Hi Pezza54 ,

Thank you again for your reply.

I have a breakdown cover on the vehicle which I'll use to deliver the vehicle.

The dealer said the issues looks like it's a timing chain issue and he'll have it looked at tomorrow morning. Like you said earlier, a timing chain is probably a wear and tear item. I came to learn that timing belts and timing chains are different, and timing belts have recommended replacement schedule while timing chains are meant to last very long, almost until the engine lasts if the vehicle is well looked after.(more about this in last paragraph) So, I was wondering if the dealer would ask me to bear the cost of replacement. There's a 3 months warranty on the vehicle and I don't know if they'll cover it if it is indeed a timing chain issue.

So if it relates to the timing chain (wear and tear item), the CRA won't possibly cover it, like you mentioned earlier. In this scenario, am I able to reject it?

So regarding the care and service of the vehicle, the vehicle was advertised as having a full service history ( acronym FSH was used, but I hope that will not be a debate). I have all the screenshots and proof of advert. When handing me the car, the dealer said they got car from part exchange and the seller of vehicle is yet to post them the service history and will post it to me as soon as they receive it. A few days ago, I emailed them about it, I got a reply saying they're sorting it out. If they fail to provide me a full service history of the vehicle , can I reject it for mis-selling ?

Thank you.

[Pezza54]

No rejection if it is the timing chain
If the service history fails to materialise you have a claim for damages against the finance company and/or dealer for misrepresentation by the dealer under the Misrepresentation Act 1967
Unfortunately this doesn't mean rejection, but compensation for the financial loss you have suffered

[Daniel79]

Hi,

Thank you for your reply.

The finance company ( apart from their high interest rate) have been brilliant throughout, so it is against the dealer that I'd like to pursue the claim if it came to that. I read the following on which.co.uk

"Limitations of a misrepresentation

There are certain limitations on the right to unwinding a contract.

For example, if you are aware of a misrepresentation but choose to continue with the contract (either in writing or through conduct), you will not then be able to go back to the person who made the misrepresentation and end the contract, or indeed go to court and ask them to unwind the contract if you change your mind later.

In law, you would be taken to have “affirmed” the contract.

An example would be, if you purchased a car on the basis of a misrepresentation as to the number of owners and then, after discovering the truth, you nevertheless continued to use it.

You may find that the court would say that by doing so, you had affirmed the contract.

In other words you could not later go back to the seller to end the contract, asking him to take back the car. "



Does it apply to my case as well? Is there a case against me that I should not have taken delivery of car or stopped using car when they said they'll provide me the service history later?

Also, if the dealer asked me to pay the cost of timing chain replacement, is it my responsibility to bear the full cost? Or should I expect dealer to do it or bear cost proportionately. I shouldn't be expecting a new replacement part on a used car 9 years old, but since the problem started on the day of purchase and has resurfaced again ( both possibly linked ), is my expectation towards dealer's contribution fair?

Thank you.