appreciate advice on rights after purchasing a faulty vehicle

[des8]

Re: appreciate advice on rights after purchasing a faulty vehicle

You'd normally give two weeks to allow a response, but hey they've had months already to put it right.

[skilganon]

Re: appreciate advice on rights after purchasing a faulty vehicle

ahh ok, i didnt realise that always best to remain in honour would that be working days, the two weeks ?

[des8]

Re: appreciate advice on rights after purchasing a faulty vehicle

yep two weeks/ 10 working days.
It isn't written in stone; just a reasonable time to get a considered response out

[skilganon]

Re: appreciate advice on rights after purchasing a faulty vehicle

ok, well they received the letter last monday, so will give them until next monday to respond before writing further.

[skilganon]

Re: appreciate advice on rights after purchasing a faulty vehicle

[MENTION=39710]des8[/MENTION]

well she has received a reply today!

the letter is full of b*llshit, absolute rubbish, she called several times nearer the 29th june and asked to speak to the signee, eventually her husband spoke to him and he refused to do anything about it. i was actually with them when this conversation took place although didnt hear what was said.

they are also trying to say that it is ' wear and tear' which again is rubbish.

this cannot be right!!!

any advice would be MOST appreciated

[ostell]

Re: appreciate advice on rights after purchasing a faulty vehicle

So now it's the letter before action and proceed to small claims court. Small claims court is not difficult, just follow the rules and instructions. I won't try to write a letterr before claim but someone will be along to help. It will basically say what you want the garage to do, ie permanently fix the car or refund all your money, including the trade in.

Usually the sight of the letterr before action or the initial claim form from the court sort of focusses their attention to the matter somewhat.

[skilganon]

Re: appreciate advice on rights after purchasing a faulty vehicle

thank you for that Ostell, much appreciated.

to be honest my sister doesnt now want to keep the car, for obvious reasons. It is not fit to drive and has got steadily worse.

i dont know where she stands legally on this point though.?

[des8]

Re: appreciate advice on rights after purchasing a faulty vehicle

Their next step is to write a LETTER BEFORE ACTION.
Along the lines of:

Ref Purchase of vehicle XXXXXXXXXXXXXXXXXXX
This letter is written in compliance with the Practice Direction on Pre-action Conduct
I purchased the captioned vehicle on XXXXXX and have had many problems with it which you have been unable to resolve.
Therefore in accordance with my rights under the Sale of Goods Act 1979 I rejected the vehicle as unfit for purpose and not of satisfactory quality.
I now require a full refund of the purchase price.
I am prepared to consider mediation or any other system of Alternative Dispute Resolution to avoid the need for a court resolution of this matter.
Finally I would refer you to section II(4) of the Practice Direction concerning the sanctions which may follow failure to comply with these directions.
If you do not respond to this letter within 14 days of receipt I will initiate court action without further refernce to yourself.


Slow fingers and crossed with Ostell (again)

[skilganon]

Re: appreciate advice on rights after purchasing a faulty vehicle

[MENTION=39710]des8[/MENTION] [MENTION=39331]ostell[/MENTION],

thank you very much guys, i will put together a letter before action and post it up for a final inspection if you dont mind :okay::okay:

[skilganon]

Re: appreciate advice on rights after purchasing a faulty vehicle

@des8 @ostell,

hi ,

having never actually done a letter before action before, i would appreciate it if you could make sure that i have covered everything ok, this is what i intend to send :

Letter Before Action

Dear xxxxxx,

Your letter dated 8^th July 2015, and received by me on the 15^th July 2015, has been noted. The content of your letter is not accepted, as it falls considerably short of the truth in this matter.

Reference purchase of vehicle Vauxhall Astra Estate xxxxxxx.
This letter is written in compliance with the Practice Direction Pre-action Conduct.
I purchased the above vehicle on 24^th March 2015, and have had many problems with it which you have either been unable or have refused to resolve.
Therefore in accordance with my rights under the Sale of Goods Act 1979 I rejected the vehicle as being unfit for purpose and not of satisfactory quality.
I now require a full refund of the purchase price.
I am prepared to consider mediation or any other system of Alternative Dispute Resolution to avoid the need of a court resolution of this matter.
Finally I would refer you to section II (4) of the Practice Direction concerning the sanctions which may follow failure to comply with these directions.
If you do not respond to this letter within 14 days of receipt I will initiate court action without further reference to yourself.

The vehicle is available at the above address for collection.

Yours sincerely

[des8]

Re: appreciate advice on rights after purchasing a faulty vehicle

Send!!!!

[skilganon]

Re: appreciate advice on rights after purchasing a faulty vehicle

very much appreciated des8 :okay:

[AMVEA ENGINEER]

Re: appreciate advice on rights after purchasing a faulty vehicle

Hi Guys,

New to this site but I can see you need an experienced Independent Vehicle Assessors point of view here.
From the posts, mileage and defects reported together with the symptoms described I can certainly tell from experience that there is enough evidence to suggest that this vehicle was defective at point of sale. Quite simply the vehicle has lost water and oil over a gradual small period of time and from basic motor vehicle engineering knowledge this suggests the problem was present at point of sale.
The poor running and gas analysis where they advise incorrect fuel and had to be drained is absolute poppy cock, basically the symptoms suggest that your engine is losing coolant and oil, there are no signs of leaks because its being burnt off and then sent down your exhaust system. These gases will then give the gas analyser a false reading due to the burnt oil and coolant giving the same impression as "contaminated fuel".
In addition no leaks is because its internal, its either a head gasket or cylinder head fractured, basically tell them to take the vehicle back or you will continue to pursue through the courts for your money back.
If you need a vehicle your entitled to hire one and recover that cost as well, have you got legal expenses on your insurance policy you may be able to claim through that.
Continue to pursue with the claim, you made need an independent engineers report and AMVEA – www.AMVEA.co.uk can advise you or the court of a good one to provide an independent assessment of the vehicle.
Trust this reassures you.

[skilganon]

Re: appreciate advice on rights after purchasing a faulty vehicle

thank you very much for that information , much appreciated, i am not directly involved with this but from what you are saying this does certainly ring true to what has happened.

my sister has certainly suffered through not having a vehicle for a large part of the 3 months this has been going on, she has not been able to use the vehicle at all in the last 3/4 weeks.

she has phoned me this evening and asked about the part of the letter that agrees to mediation as she does not want the garage to take the car back and 'fix' the problem due to their constant denial that a problem exists and their very abusive attitude so far. She would just like her money back so she can afford to purchase something reliable from an honest dealer.

[des8]

Re: appreciate advice on rights after purchasing a faulty vehicle

The courts like to see steps taken to solve the matter without involving the courts.
One way of doing this is through mediation.
Mediation does not necessarily mean your sister has to have the car repaired.
The mediator will have regard to the position of both parties, and possibly make suggestions to produce an outcome acceptable to both parties.
This could be persuading the garage to take the car back and refund the costs, or perhaps supply an alternative car.
Your sister would only have to accept the suggestion if she found it acceptable.
The important thing is to approach it with an open mind (or at least appear to :tinysmile_twink_t2