Tweet
Hello and thanks for reading.
I bought a secondhand Ford KA on 11th March 2016 from an independent dealer for £800 cash with a 12 month MoT. At the time of purchase, nothing was mentioned about any faults and I was given a one month warranty by the dealer which, according to the invoice I was given (which I didn't read or sign my name to, I was just handed it), excludes batteries, exhausts, clutches, bulbs, tyres, brake shoes, pads and discs, burst pipes, damaged keys, radiators, timing belt and fan belt.
A couple of days of driving the car and I noticed that the remote locking doesn't work via the key, the central locking doesn't work as the passenger door just doesn't respond to it and won't unlock via either the central locking or by actually putting the key in the lock itself - it's effectively only openable from inside the vehicle, the rear demister doesn't work and the passenger side window can't be closed using the driver's side control.
My husband notified the dealer of these faults by telephone within the one month warranty period. He was told they wouldn't be fixing 'anything to do with the key' but to bring the car in and they'd 'have a look at it'.
We duly did this on 18th April - he couldn't fit it in before then - and picked it up again on 19th April. At this point, the rear demister had been fixed and I was told the other problems were rectified. This was not the case.
I telephoned again to say as much and was told to bring the car in again for them to 'have a look at it'. I did this on 25th April and picked it up again on 26th April. I was told the central locking was fixed and there 'was a problem with the window'. I knew this, that's one of the reasons why the car was in the garage. As it turned out, nothing had been done.
I telephoned yet again and was told to bring the car in yet again - after much shouting on the telephone from the proprietor - which I did on 9th May. The car's still with them now. I told them on 10th May, when it was originally due to be back with me, that I needed it for this weekend as I was going away. Proprietor said it would be ready by the end of the week.
After four telephone calls yesterday, I find out that the car may or may not be ready by 3pm today. 'If I want', I can go and pick it up, use it for the weekend and then drop it back to them for repair (yeah, right).
I am so sick and tired of being dicked around by this guy. I'm being pinged financially for taxis every time I go to pick the car up, I'm losing out on work because of the time I'm having to waste chasing this issue (I'm self employed and work from home) and he's had the car for nearly 2 weeks of the 8 I've had it and only the rear demister has been fixed.
My questions are:
1. Is the remote locking fault covered under the Consumer Rights Act, even though it's excluded under his warranty? It wasn't mentioned to me at the time of purchase;
2. Have I been patient enough in giving him now three opportunities to fix the issues and can I move on to other courses of action?;
3. I think I am but would like it confirmed - am I now out of time to reject the car and ask for a refund? I don't think I'd get it - this guy's a complete pig - but the threat may just be enough for him to at least get his finger out and do the actual repairs;
4. While I realise the faults aren't the most major of problems, do they still make the vehicle unfit for purpose because of safety and security issues? (i.e. not being able to open/close/lock doors and windows properly);
5. I'm due to pick the car up again this afternoon. If it's not been repaired, can I issue him a 'Letter before action' type of thing (the substance of which I've posted below), to gee things up?
Proposed letter:
Dear Sir,
Complaint about Ford KA
Registration no. XXXXXX
I bought a Ford KA from you on 11 March 2016, for which I paid £800 in cash. During the one month warranty period provided by you, I found that the vehicle had the following faults:
The key you handed me after I paid you is broken;
The remote and central locking doesn't work;
The passenger door doesn’t unlock either via the central locking or via the key being inserted in the lock and therefore the door cannot be opened from the outside of the vehicle;
The driver’s side control to close the passenger window doesn’t work.
You failed to mention all these faults at the time of purchase. When my husband telephoned you within the warranty period to ask that these faults be rectified, you told him that you ‘would not be fixing anything to do with the key’. This is not according to the law; under the Consumer Rights Act 2015, goods must be free of faults, or a seller must inform a buyer of any faults at the time of purchase. You did not inform me that the key was not in working order at the time of purchase.
I therefore demand this these faults are all fixed without any further prevarication on your part, as you have had the vehicle for a total of nine working days since the date of purchase and have failed to rectify any of the faults pointed out to you (in writing, twice) except for the rear-demister (which also wasn’t working at the time of purchase and which wasn’t pointed out to me).
If you do not repair the faults as described above by Friday 13th May, under the Consumer Rights Act 2015 I am entitled to a full refund, given that the faults were not notified to me at the time of purchase, were notified to you within the warranty period and you have not fixed them. I would also seek to reclaim £200 in costs from you, due to having to pay for taxi fares for picking the car up from you time and again after it had been ‘repaired’ (when it hadn’t been), and to cover the costs of cancelling the vehicle insurance, plus my wasted time in dropping off and collecting the car when, in fact, you had done nothing to it.
I have enclosed a copy of the receipt in support of my claim.
I await hearing from you in writing within 14 days of receiving this letter (I will not accept harassing telephone calls from you, as previously), otherwise legal proceedings will be started against Triple Crown Garage without further reference to yourself.
Yours sincerely
Me
Now, I don't think I have any right to claim £200 under the CRA 2015, that would have to be included in a small claims case, but can I at least tell him that that's what I would be seeking in this letter? And if he hasn't done the repairs this afternoon, can I hand him this letter when I pick the car up, or is that too short notice?
Many thanks for reading and for any replies.
I bought a secondhand Ford KA on 11th March 2016 from an independent dealer for £800 cash with a 12 month MoT. At the time of purchase, nothing was mentioned about any faults and I was given a one month warranty by the dealer which, according to the invoice I was given (which I didn't read or sign my name to, I was just handed it), excludes batteries, exhausts, clutches, bulbs, tyres, brake shoes, pads and discs, burst pipes, damaged keys, radiators, timing belt and fan belt.
A couple of days of driving the car and I noticed that the remote locking doesn't work via the key, the central locking doesn't work as the passenger door just doesn't respond to it and won't unlock via either the central locking or by actually putting the key in the lock itself - it's effectively only openable from inside the vehicle, the rear demister doesn't work and the passenger side window can't be closed using the driver's side control.
My husband notified the dealer of these faults by telephone within the one month warranty period. He was told they wouldn't be fixing 'anything to do with the key' but to bring the car in and they'd 'have a look at it'.
We duly did this on 18th April - he couldn't fit it in before then - and picked it up again on 19th April. At this point, the rear demister had been fixed and I was told the other problems were rectified. This was not the case.
I telephoned again to say as much and was told to bring the car in again for them to 'have a look at it'. I did this on 25th April and picked it up again on 26th April. I was told the central locking was fixed and there 'was a problem with the window'. I knew this, that's one of the reasons why the car was in the garage. As it turned out, nothing had been done.
I telephoned yet again and was told to bring the car in yet again - after much shouting on the telephone from the proprietor - which I did on 9th May. The car's still with them now. I told them on 10th May, when it was originally due to be back with me, that I needed it for this weekend as I was going away. Proprietor said it would be ready by the end of the week.
After four telephone calls yesterday, I find out that the car may or may not be ready by 3pm today. 'If I want', I can go and pick it up, use it for the weekend and then drop it back to them for repair (yeah, right).
I am so sick and tired of being dicked around by this guy. I'm being pinged financially for taxis every time I go to pick the car up, I'm losing out on work because of the time I'm having to waste chasing this issue (I'm self employed and work from home) and he's had the car for nearly 2 weeks of the 8 I've had it and only the rear demister has been fixed.
My questions are:
1. Is the remote locking fault covered under the Consumer Rights Act, even though it's excluded under his warranty? It wasn't mentioned to me at the time of purchase;
2. Have I been patient enough in giving him now three opportunities to fix the issues and can I move on to other courses of action?;
3. I think I am but would like it confirmed - am I now out of time to reject the car and ask for a refund? I don't think I'd get it - this guy's a complete pig - but the threat may just be enough for him to at least get his finger out and do the actual repairs;
4. While I realise the faults aren't the most major of problems, do they still make the vehicle unfit for purpose because of safety and security issues? (i.e. not being able to open/close/lock doors and windows properly);
5. I'm due to pick the car up again this afternoon. If it's not been repaired, can I issue him a 'Letter before action' type of thing (the substance of which I've posted below), to gee things up?
Proposed letter:
Dear Sir,
Complaint about Ford KA
Registration no. XXXXXX
I bought a Ford KA from you on 11 March 2016, for which I paid £800 in cash. During the one month warranty period provided by you, I found that the vehicle had the following faults:
The key you handed me after I paid you is broken;
The remote and central locking doesn't work;
The passenger door doesn’t unlock either via the central locking or via the key being inserted in the lock and therefore the door cannot be opened from the outside of the vehicle;
The driver’s side control to close the passenger window doesn’t work.
You failed to mention all these faults at the time of purchase. When my husband telephoned you within the warranty period to ask that these faults be rectified, you told him that you ‘would not be fixing anything to do with the key’. This is not according to the law; under the Consumer Rights Act 2015, goods must be free of faults, or a seller must inform a buyer of any faults at the time of purchase. You did not inform me that the key was not in working order at the time of purchase.
I therefore demand this these faults are all fixed without any further prevarication on your part, as you have had the vehicle for a total of nine working days since the date of purchase and have failed to rectify any of the faults pointed out to you (in writing, twice) except for the rear-demister (which also wasn’t working at the time of purchase and which wasn’t pointed out to me).
If you do not repair the faults as described above by Friday 13th May, under the Consumer Rights Act 2015 I am entitled to a full refund, given that the faults were not notified to me at the time of purchase, were notified to you within the warranty period and you have not fixed them. I would also seek to reclaim £200 in costs from you, due to having to pay for taxi fares for picking the car up from you time and again after it had been ‘repaired’ (when it hadn’t been), and to cover the costs of cancelling the vehicle insurance, plus my wasted time in dropping off and collecting the car when, in fact, you had done nothing to it.
I have enclosed a copy of the receipt in support of my claim.
I await hearing from you in writing within 14 days of receiving this letter (I will not accept harassing telephone calls from you, as previously), otherwise legal proceedings will be started against Triple Crown Garage without further reference to yourself.
Yours sincerely
Me
Now, I don't think I have any right to claim £200 under the CRA 2015, that would have to be included in a small claims case, but can I at least tell him that that's what I would be seeking in this letter? And if he hasn't done the repairs this afternoon, can I hand him this letter when I pick the car up, or is that too short notice?
Many thanks for reading and for any replies.
Comment