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Hello, can some kindly give me some advice on this?
This is what was submitted into the Simple Procedure:
Purchased car on 2 January 2021 from a small car dealer. The vehicle cost £2800, this was a part exchange for my old car £600 for, I paid £2200 for the vehicle in cash. This car came with a 3-month warranty. The seller mentioned that if there were any problems I can take the car to any garage as he does not have a specific one. On the 24th of January, the car wouldn't start, I spent an hour trying to start and eventually managed to get it going. I thought the battery was flat so I changed it. On the 25th of January, I took it to a garage as the car was not starting, it remained in this garage until the 27th as the mechanic stated that he could not fix the problem because it required an electrical engineer. On the 27th of January, the recovery services took the vehicle to a 2nd garage which stated that the problem was with the ECU unit. A car will not start if there are issues with the ECU unit. The cost of replacing it was £660 (including vat). At this point, I thought all would be fine as the car came with a warranty but the warranty company stated that they will not cover water ingress on an ECU unit. I wanted to keep the car so I contacted seller telephonically on February 2nd stating that I cannot pay for an ECU unit and what help can he offer me. He said he cannot do anything for me. He also mentioned that the vehicle I exchanged with him was written off as it was smoking and I had cheated him. The seller only told me that my vehicle was problematic when I told him about the issues going on with the car I purchased from him, I mentioned that I would have accepted my vehicle back but he said he doesn't work this way. After a quick check on the DVLA website, I saw that my old vehicle used as the part exchange was taxed and in use. On the 3 February I sent a text message quoting the Consumer rights act 2015 and my hope to solve the problem amicably, he called to say he will pay £350 towards the bill which finally led to him agreeing to £400 stating that I can let the garage fix it and I would pay the balance. I have not received this amount from him as the situation changed when I finally got the car back on the 9th of February, another ECU unit was fitted but the garage then mentioned that on the test drive the vehicle is misfiring. Driving back home the engine light came on. At this point, I was frustrated as there was another major problem. Looking at the last service record of this vehicle I saw that there was an existing misfiring issue. I texted the seller several messages on 9 February stating that the car has many issues and I will be returning it, he did not respond. On the 10 February, I called him stating that I am willing to come to some arrangement but he stated that I should take it back to the garage as they didn't do a good job. He then stated that I had damaged the vehicle by changing the battery, I did this as the car was not starting so I put in a fully charged battery to get it going- changing the battery does not damage a vehicle provided it is in the same parameters. On the date of purchase, the battery was flat and the seller jump-started it. The seller refused to accept the vehicle and offered a £1000 vehicle instead. I work a three-shift pattern, from the 25th January up to the 15 February I had to rent a car from a friend to go to work. I am currently still paying insurance on this vehicle which I am not using, this vehicle is also being parked at my home creating an inconvenience to myself and my neighbors as it is an additional car taking up unnecessary space. This vehicle was in the garage for 15 days, used for 24 days only. I had to up my savings to buy another car, this issue has created a very stressful situation. As per Consumer Advice Scotland, I have sent 3 letters to the seller: a rejection, offer of mediation, and a final letter to resolve to which there has been no response.
I made a Simple procedure claim. Two attempts were made by the court to deliver my claim to no avail. I was then advised to pay a fee to have the sheriff deliver this claim. In August I got a reply stating the claim was delivered with the respondent disputing the claim. In his response, the respondent has mentioned that he has offered to fix the vehicle which he did not until now. I enquired with the court last week how long would it take for an outcome and they said that as the respondent has disputed the case will go for a hearing and that this is the procedure as stated in the Simple Procedure process. Today I got a response stating that as the respondent is prepared to fix the vehicle, they advise an ADR resolution. If I do not agree I need to make a restart application. I am extremely disappointed at the process and now I feel cheated by the Courts as well. 11 months have gone by, I have since bought another vehicle, I do not want this vehicle and the defective vehicle is inconveniently standing, insured with road tax. I have given a clear description of the events, attached proof to my submission and it seems that nobody even went through my application. Feel cheated. Cannot understand how they have dismissed this. What can I do? Any advice would be greatly appreciated as this has been a dreadful experience.
This is what was submitted into the Simple Procedure:
Purchased car on 2 January 2021 from a small car dealer. The vehicle cost £2800, this was a part exchange for my old car £600 for, I paid £2200 for the vehicle in cash. This car came with a 3-month warranty. The seller mentioned that if there were any problems I can take the car to any garage as he does not have a specific one. On the 24th of January, the car wouldn't start, I spent an hour trying to start and eventually managed to get it going. I thought the battery was flat so I changed it. On the 25th of January, I took it to a garage as the car was not starting, it remained in this garage until the 27th as the mechanic stated that he could not fix the problem because it required an electrical engineer. On the 27th of January, the recovery services took the vehicle to a 2nd garage which stated that the problem was with the ECU unit. A car will not start if there are issues with the ECU unit. The cost of replacing it was £660 (including vat). At this point, I thought all would be fine as the car came with a warranty but the warranty company stated that they will not cover water ingress on an ECU unit. I wanted to keep the car so I contacted seller telephonically on February 2nd stating that I cannot pay for an ECU unit and what help can he offer me. He said he cannot do anything for me. He also mentioned that the vehicle I exchanged with him was written off as it was smoking and I had cheated him. The seller only told me that my vehicle was problematic when I told him about the issues going on with the car I purchased from him, I mentioned that I would have accepted my vehicle back but he said he doesn't work this way. After a quick check on the DVLA website, I saw that my old vehicle used as the part exchange was taxed and in use. On the 3 February I sent a text message quoting the Consumer rights act 2015 and my hope to solve the problem amicably, he called to say he will pay £350 towards the bill which finally led to him agreeing to £400 stating that I can let the garage fix it and I would pay the balance. I have not received this amount from him as the situation changed when I finally got the car back on the 9th of February, another ECU unit was fitted but the garage then mentioned that on the test drive the vehicle is misfiring. Driving back home the engine light came on. At this point, I was frustrated as there was another major problem. Looking at the last service record of this vehicle I saw that there was an existing misfiring issue. I texted the seller several messages on 9 February stating that the car has many issues and I will be returning it, he did not respond. On the 10 February, I called him stating that I am willing to come to some arrangement but he stated that I should take it back to the garage as they didn't do a good job. He then stated that I had damaged the vehicle by changing the battery, I did this as the car was not starting so I put in a fully charged battery to get it going- changing the battery does not damage a vehicle provided it is in the same parameters. On the date of purchase, the battery was flat and the seller jump-started it. The seller refused to accept the vehicle and offered a £1000 vehicle instead. I work a three-shift pattern, from the 25th January up to the 15 February I had to rent a car from a friend to go to work. I am currently still paying insurance on this vehicle which I am not using, this vehicle is also being parked at my home creating an inconvenience to myself and my neighbors as it is an additional car taking up unnecessary space. This vehicle was in the garage for 15 days, used for 24 days only. I had to up my savings to buy another car, this issue has created a very stressful situation. As per Consumer Advice Scotland, I have sent 3 letters to the seller: a rejection, offer of mediation, and a final letter to resolve to which there has been no response.
I made a Simple procedure claim. Two attempts were made by the court to deliver my claim to no avail. I was then advised to pay a fee to have the sheriff deliver this claim. In August I got a reply stating the claim was delivered with the respondent disputing the claim. In his response, the respondent has mentioned that he has offered to fix the vehicle which he did not until now. I enquired with the court last week how long would it take for an outcome and they said that as the respondent has disputed the case will go for a hearing and that this is the procedure as stated in the Simple Procedure process. Today I got a response stating that as the respondent is prepared to fix the vehicle, they advise an ADR resolution. If I do not agree I need to make a restart application. I am extremely disappointed at the process and now I feel cheated by the Courts as well. 11 months have gone by, I have since bought another vehicle, I do not want this vehicle and the defective vehicle is inconveniently standing, insured with road tax. I have given a clear description of the events, attached proof to my submission and it seems that nobody even went through my application. Feel cheated. Cannot understand how they have dismissed this. What can I do? Any advice would be greatly appreciated as this has been a dreadful experience.
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