Tweet
Hi guys,
On the 5th of Feb 2017 I purchase a car from a dealership. Upon inspecting the car prior to purchase, I noticed a LOUD knocking noise coming from the vehicle. When I mentioned this to the sales rep, he fobbed it off as being a "cold start noise" and made a joke about it. Fast forward to today, the vehicle still has a loud banging so I booked it in to a Halfords garage via my AA warranty that I purchased with the vehicle. They said that the flywheel wouldn't be covered as it's not completely gone, but it does need changing and to go back to the dealer. I visited the dealership this Tuesday gone and mentioned that I'm not happy with this. It sounds like a bag of bolts and the banging/knocking shakes the whole car, so under the Consumer Rights Act 2015 and being within my 30 day period, I wanted to reject the vehicle and receive a full refund.
They said no over and over and said there's nothing they can do as it's a "wear and tear item", although the issue was present when I purchased the vehicle. I also mentioned to him that the website advert (which I have printed off) states that the car has parking sensors, which it doesn't. The sales rep didn't even offer a replacement flywheel and wasn't willing to help me at all, so I told to him that I'd be taking legal action. As soon as I left the dealership, I received a call saying they were sorry to be so harsh and they don't want to fall out with their customers, so will fix the flywheel free of charge. I said I'd get back to him, but later that day wrote the following letter (as I didn't want a repair):
It's been 2 - 3 days now and I haven't heard anything from the dealership.
Is there anything else I need to do at the moment? Do you think I'm well within my rights to reject the vehicle and should I stop using it immediately? Do I need to hire a solicitor?
Any other help/guidance is greatly appreciated.
Thank you
On the 5th of Feb 2017 I purchase a car from a dealership. Upon inspecting the car prior to purchase, I noticed a LOUD knocking noise coming from the vehicle. When I mentioned this to the sales rep, he fobbed it off as being a "cold start noise" and made a joke about it. Fast forward to today, the vehicle still has a loud banging so I booked it in to a Halfords garage via my AA warranty that I purchased with the vehicle. They said that the flywheel wouldn't be covered as it's not completely gone, but it does need changing and to go back to the dealer. I visited the dealership this Tuesday gone and mentioned that I'm not happy with this. It sounds like a bag of bolts and the banging/knocking shakes the whole car, so under the Consumer Rights Act 2015 and being within my 30 day period, I wanted to reject the vehicle and receive a full refund.
They said no over and over and said there's nothing they can do as it's a "wear and tear item", although the issue was present when I purchased the vehicle. I also mentioned to him that the website advert (which I have printed off) states that the car has parking sensors, which it doesn't. The sales rep didn't even offer a replacement flywheel and wasn't willing to help me at all, so I told to him that I'd be taking legal action. As soon as I left the dealership, I received a call saying they were sorry to be so harsh and they don't want to fall out with their customers, so will fix the flywheel free of charge. I said I'd get back to him, but later that day wrote the following letter (as I didn't want a repair):
21 February 2017
Dear *****,
On the 5th of February 2017, I purchased a Ford Mondeo from you for the price of £7,836.00.
I now find the vehicle has the following faults:
The flywheel is damaged/worn and the car was advertised to come with parking sensors when it doesn't, which means you are in breach of contract.
The flywheel issue was noticed prior to purchasing the vehicle and when I flagged this issue to the sales rep, it was disregarded as being a “cold start noise”. This means you were aware of an issue prior to my purchase but failed to notify me of it's existence. Your AA inspection reports also never flagged this issue, which to me means they are not accurate or reliable, as two other mechanics have confirmed that the flywheel is damaged/worn.
Under the Consumer Rights Act 2015, the goods you supplied are not of satisfactory quality and do not meet the description given to myself when purchasing the vehicle, therefore I am legally entitled to reject the vehicle and to be reimbursed for its full purchase price, including any additional insurances.
I look forward to receiving my full refund of £7,836.00 within 14 days. If you fail to reimburse me within the 14 days, I shall have no alternative but to issue a claim against you in the county court, for recovery of the money of the vehicle and any court charges, without further reference to yourselves. I will also be contacting BBC Three Counties Radio if the full amount is not returned to myself within 14 days.
Please note that all communications are to be done either via e-mail or in writing.
Yours faithfully
*****
Dear *****,
On the 5th of February 2017, I purchased a Ford Mondeo from you for the price of £7,836.00.
I now find the vehicle has the following faults:
The flywheel is damaged/worn and the car was advertised to come with parking sensors when it doesn't, which means you are in breach of contract.
The flywheel issue was noticed prior to purchasing the vehicle and when I flagged this issue to the sales rep, it was disregarded as being a “cold start noise”. This means you were aware of an issue prior to my purchase but failed to notify me of it's existence. Your AA inspection reports also never flagged this issue, which to me means they are not accurate or reliable, as two other mechanics have confirmed that the flywheel is damaged/worn.
Under the Consumer Rights Act 2015, the goods you supplied are not of satisfactory quality and do not meet the description given to myself when purchasing the vehicle, therefore I am legally entitled to reject the vehicle and to be reimbursed for its full purchase price, including any additional insurances.
I look forward to receiving my full refund of £7,836.00 within 14 days. If you fail to reimburse me within the 14 days, I shall have no alternative but to issue a claim against you in the county court, for recovery of the money of the vehicle and any court charges, without further reference to yourselves. I will also be contacting BBC Three Counties Radio if the full amount is not returned to myself within 14 days.
Please note that all communications are to be done either via e-mail or in writing.
Yours faithfully
*****
Is there anything else I need to do at the moment? Do you think I'm well within my rights to reject the vehicle and should I stop using it immediately? Do I need to hire a solicitor?
Any other help/guidance is greatly appreciated.
Thank you
