Letter before action

[rasith]

Hi everyone first time posting here and I would like some advice. I purchased a car mid June this year that was advertised with full service history. When the car was delivered there was no service history to be found. Luckily I saved the advertisement. I played phone tennis for 6 weeks and they told me it was lost. I told them I was unhappy and that I would go to trading standards. Then I was told again it did exist! More delays, no service history.

I have been driving the car very little as I don't want to keep the car if it has no history. During the 500 miles or so driven I have now also had an engine management light come on. I took it to the garage and they said it is probably the timing chain which is a very pricey repair.

I have contacted trading standards and they said they'd investigate. Over 2 weeks ago I received an email from their solicitors saying a serviced history had been found and was being sent to me and that the car could not be rejected on ECU fault codes alone.

I have yet to receive this history and have had no replies from the solicitors to it's ETA. I have a letter before action written and ready for the service history issue. Shall I wait or send this now? Should I get a full report from a mechanic and reject the car instead? I'm just worried that I'm being delayed more and that I'll lose my consumer rights if the purchase date gets over 6 months.

Any help would be appreciated.

Thanks

[ostell]

Re: Letter before action

Reject it NOW so that you have put a marker in the sand. I believe that the clock will stop until it is resolved.

[rasith]

Re: Letter before action

The mechanic said the engine would have to come apart to check the chain and would be costly. Although the P11A8 and P000A fault codes I've googled point to the timing chain.

This is what their solicitor wrote:

'With reference to your alleged timing chain issue (that has not yet been proven)
please provide evidence there is a fault. Our client instructs that the EML illuminating
would not indicate an issue with the timing chain.'

[ostell]

Re: Letter before action

The EML illuminating is a problem that they need to resolve. Quote the error codes that your mechanic gave you at them and ask what it means. Even better would be a report from your mechanic.

Was the original problem, the lack of service history, reported within the 30 days?

[rasith]

Re: Letter before action

Hello yes the original problem was reported in the first week but this was done over the phone.

[ostell]

Re: Letter before action

So you could tell then that as the problem was reported within the first 30 days and the clock stops until they resolve and they have still not resolved it them you are rejecting the vehicle in its entirety. Please make arrangements to collect the car and return all money paid.

[rasith]

Re: Letter before action

But can you reject a car for having a missing service history? If so I will change my letter before action and send it out straight away.

Thanks

[ostell]

Re: Letter before action

Don't do the LBA yet, You bought the car on the understanding there was a full service history. This has not been supplied. Goods not as described. The current bit with the timing chain is goods not of merchantable quality. Have a good read of the Consumer Rights Act 2015.

[rasith]

Re: Letter before action

I've gone through the sale of goods act and the consumer rights act. I've have quoted these in various emails but have mainly been ignored. If I do send out a LBA shall I bring both these issues into it?

[ostell]

Re: Letter before action

The Sale of Goods Act is dead in these circumstances which is probably why they ignored it and laughed at you. Did you tell them various sections that you are using to reject the goods?

[rasith]

Re: Letter before action

Yes I put in the sections and this is when I had a reply. I guess a mechanics report and moving to reject is going to be the best way to go.

[ostell]

Re: Letter before action

So have they handled your first complaint successfully? If not then you are still in the 30 days.

[rasith]

Re: Letter before action

No but my first compliant was about the service history where I quoted the sales of goods act. I thought 30 days only applied to rejecting a car on a mechanical fault?

[ostell]

Re: Letter before action

No you can reject on not as described, ie there was no service history. Petty I know but they advertised it and haven't been able to supply despite being being a reasonable time to correct.

Sale of goods would have handled this but CRA superceded.

[rasith]

Re: Letter before action

I have an update! I've been emailed a one page word document with name, address of mechanic, date, repairs made and the mileage at the time. Does this count as a service history?