Tweet
Hi all, I’ve lurked this forum a little bit, first time poster. Hoping you can advise me regarding a fairly stressful dilemma involving a car purchase that has dragged on for some time now..
I’ll be succinct regarding the facts, I purchased a second hand car in October 2023, within 10 days of purchase I contacted the seller regarding a fault – an error message on the dashboard. I took the car into them a total of 4 times between November 2023 and April 2024 to have it initially looked at then subsequent attempts at repair. There was also a mechanical issue that got sorted but also clear evidence of delays in communication from their end and very poor customer service that I’ve documented clearly in email trails.
In regards to the error message they put this down as an electrical fault but then subsequently their subcontracted auto electrician reportedly couldn’t find the source of the problem, they put it down to a ‘gremlin in the system.’
I said to them that this presented a major fault as the car wouldn’t pass an MOT with this coming on every time the car starts. As such I said I wished to return the car to which they said they could buy the car back but would make deductions for usage. Between November and April I’d covered 9,000 miles, the car was bought with only 33K miles on the clock. They said with deductions this may well be more or less the value of the car, that they could deduct 45 per mile. They seemed a lot more keen to try and get me to agree to a part exchange for another vehicle, I told them I would not see this as satisfactory due to the poor customer service regarding communication and failed attempts at repair under warranty on this vehicle. I live 70 miles from the dealership so there has been all the mileage and inconvenience of 4 separate trips there and back also, to which they didn’t acknowledge or apologise for.
I therefore said I would be opening a case with the motor ombudsman to which they were signed up with.
By September the MOT had expired and as suspected the car wouldn’t pass an MOT. Furthermore two different garages were able to give me an underlying cause / diagnosis for the error message. That the additive tank was essentially knackered which would be a very costly repair, plus there’d be a prospect of more expense if the particulate filter was also damaged, which was probably likely seeing as I’d driven so far on it. I suspect the sellers to have been disingenuous regarding this but of course cannot prove this..
So I have paid £3,900 for a car I only got 10 months worth of use out of.
It took around 6 months just for an allocation with the motor ombudsman, it eventually got to an adjudicators decision in January this year. The adjudicator ruled in my favour and in terms of a fair deduction gave a formula for this. This formula worked out a 900 or so pounds deduction meaning I would be paid back just shy of 3K with the return of the car which now has 49K miles on the clock. I accepted this decision. Unsurprisingly the garage have not and in terms of a ‘counter offer’ said they would buy back at a rate of 45p per mile which would mean a deduction more then double the value of the car!
I fedback to the adjudicator that this is clearly not a reasonable or proportionate offer and it seems to me that the business have no intention of resolving the matter sensibly.
I’m now told that the business are reportedly no longer accredited by the motor ombudsman, so if the matter is escalated to an ombudsman this now reportedly wouldn’t carry much weight for them to comply. I have queried how long this has been the case for and if this has been a voluntary withdrawing by the business, if so it seems in essence a way of trying to avoid accountability..
I plan to pursue the matter with the small claims court, as well as the buy back price proposed by TMO adjudicator I will also be looking to claim for cover of any legal costs plus compensation for unnecessary stress caused. The car that I can’t use now only after 10 months I had to take a loan out for, which I’m still paying back at £180 a month until October this year. I’ve had to accrue more debt to get another vehicle..
I’m hoping I will have a strong case being backed up by TMO adjudicators decision.
I’m not sure where to start really and would be grateful for any advice or if anyone has had any sort of similar dealings in taking a car dealership to court.
Also to add, whilst the car has been off the road I have been giving it a start up every couple of weeks to keep the engine ticking over. Despite this recently the battery appears to have died and it wont start. In regards to keeping the engine ticking over, someone I know has questioned whether this is really something that is my problem. I can’t say I particularly want to be going now to the expense of getting jump leads etc. I’m wondering in this situation whether me making sure the engine keeps running every couple of weeks is something that should be expected of me or whether this would be something considering going above and beyond? Just don’t want anything to bite me in the arse months down the line, for instance if I won in court but then upon recovery of the vehicle they would then raise issue about the car not starting etc.
Thank you in advance
I’ll be succinct regarding the facts, I purchased a second hand car in October 2023, within 10 days of purchase I contacted the seller regarding a fault – an error message on the dashboard. I took the car into them a total of 4 times between November 2023 and April 2024 to have it initially looked at then subsequent attempts at repair. There was also a mechanical issue that got sorted but also clear evidence of delays in communication from their end and very poor customer service that I’ve documented clearly in email trails.
In regards to the error message they put this down as an electrical fault but then subsequently their subcontracted auto electrician reportedly couldn’t find the source of the problem, they put it down to a ‘gremlin in the system.’
I said to them that this presented a major fault as the car wouldn’t pass an MOT with this coming on every time the car starts. As such I said I wished to return the car to which they said they could buy the car back but would make deductions for usage. Between November and April I’d covered 9,000 miles, the car was bought with only 33K miles on the clock. They said with deductions this may well be more or less the value of the car, that they could deduct 45 per mile. They seemed a lot more keen to try and get me to agree to a part exchange for another vehicle, I told them I would not see this as satisfactory due to the poor customer service regarding communication and failed attempts at repair under warranty on this vehicle. I live 70 miles from the dealership so there has been all the mileage and inconvenience of 4 separate trips there and back also, to which they didn’t acknowledge or apologise for.
I therefore said I would be opening a case with the motor ombudsman to which they were signed up with.
By September the MOT had expired and as suspected the car wouldn’t pass an MOT. Furthermore two different garages were able to give me an underlying cause / diagnosis for the error message. That the additive tank was essentially knackered which would be a very costly repair, plus there’d be a prospect of more expense if the particulate filter was also damaged, which was probably likely seeing as I’d driven so far on it. I suspect the sellers to have been disingenuous regarding this but of course cannot prove this..
So I have paid £3,900 for a car I only got 10 months worth of use out of.
It took around 6 months just for an allocation with the motor ombudsman, it eventually got to an adjudicators decision in January this year. The adjudicator ruled in my favour and in terms of a fair deduction gave a formula for this. This formula worked out a 900 or so pounds deduction meaning I would be paid back just shy of 3K with the return of the car which now has 49K miles on the clock. I accepted this decision. Unsurprisingly the garage have not and in terms of a ‘counter offer’ said they would buy back at a rate of 45p per mile which would mean a deduction more then double the value of the car!
I fedback to the adjudicator that this is clearly not a reasonable or proportionate offer and it seems to me that the business have no intention of resolving the matter sensibly.
I’m now told that the business are reportedly no longer accredited by the motor ombudsman, so if the matter is escalated to an ombudsman this now reportedly wouldn’t carry much weight for them to comply. I have queried how long this has been the case for and if this has been a voluntary withdrawing by the business, if so it seems in essence a way of trying to avoid accountability..
I plan to pursue the matter with the small claims court, as well as the buy back price proposed by TMO adjudicator I will also be looking to claim for cover of any legal costs plus compensation for unnecessary stress caused. The car that I can’t use now only after 10 months I had to take a loan out for, which I’m still paying back at £180 a month until October this year. I’ve had to accrue more debt to get another vehicle..
I’m hoping I will have a strong case being backed up by TMO adjudicators decision.
I’m not sure where to start really and would be grateful for any advice or if anyone has had any sort of similar dealings in taking a car dealership to court.
Also to add, whilst the car has been off the road I have been giving it a start up every couple of weeks to keep the engine ticking over. Despite this recently the battery appears to have died and it wont start. In regards to keeping the engine ticking over, someone I know has questioned whether this is really something that is my problem. I can’t say I particularly want to be going now to the expense of getting jump leads etc. I’m wondering in this situation whether me making sure the engine keeps running every couple of weeks is something that should be expected of me or whether this would be something considering going above and beyond? Just don’t want anything to bite me in the arse months down the line, for instance if I won in court but then upon recovery of the vehicle they would then raise issue about the car not starting etc.
Thank you in advance
Comment