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I have told my finance provider (Bank - not my main one, but a main bank all the same) that I wish to reject my car, as it has had a fault for the last 6 months which the a main dealer for that car has (under warranty) tried to fix 5 times, each time failing The fault is a dangerous fault, and only luck so far has prevented injury to myself and my family.
They had there legal team look at all my evidence, have contacted the vendor who has refused the claim stating they inspected the car before it was sold, and they're saying the fault didn't exist. The Bank have come back to me saying were in a dispute position, and that I need to contact the vendor directly, and advised me to take legal advice on it.
Here's where it gets a bit grey......
I noticed the fault within 6 months, but I couldn't tell at the time what exactly it was, I wasn't sure if it was the car or something else, so waited to see if it did it again (there was evidence of it happening, but I couldnt figure out how?). I did take a photo of the result of the fault at the time.
The fault happened again, at 7 months this time I caught it all on video. It's happened 5 times in total, each time the manufacturing dealership handing it back saying its fixed, but then it fails again. The car is still faulty now.
I have just replied to the Bank, stating that the Dealers position that they inspected the car falls down because that inspection is a simple visual inspection, and doesnt produce the conditions which we now know from the dealership fixing it, are required to fault. They simply look at the outside of the systems, and check for computer code errors.
The fact that they (the manufacturers dealership under warranty) have not fixed it after 6 months and 5 attempts also shows that the simple pre-sale test would not have picked up the fault.
I have a feeling the Bank will again try and sidestep responsability, passin gme on to the Vendor.
I can however keep responding to the bank, disproving what the vendor states with proof from the dealership garage that was attempting to fix the car, who should be seen as independant.
I could, as an option, take the car for the very same tests (to another independant) that they conducted before I bought it, to prove that the fault would not have been picked up in this test.
Can someone please give me their opinion of how they see this playing out? I'd like to avoid court, as its over £10k in value, and with that comes legal costs because its not Small Claim anymore. If it goes south for any reason, means I'm even worse off!
Background info:
The car had only done circa 1500 miles from purchase when the fault was recorded on video, it is a limited mileage car, which has an increased value over similar aged cars due to its low mileage, and has appreciated in value since I bought it.
The car was unavailable to drive for a significant period in that first 6 months, for unrelated work (it was in the body shop), but coupled with low mileage (its only used in good weather), justifies why the mileage covered is so low, and so the oppertunity for the fault ot show was limited. So much so, Id like to think that the 6 month window should be given some descretion..??
Each time it has faulted, I recorded a video and photos. The second time, to prove to the Dealership trying to fix it I didnt simply cause it myself, I showed their Tech how the fault occurs.
I estimate I've lost over £3,500 in running costs for the vehicle (not including capital payments) in the time its been in the garage.
The car is now sat unused on my driveway.
I want rid of the car, I no longer want to seek a repair, I've fallen out of love with it, and my wife is too scared to get in it becasue of the fault being dangerous.
Any help most gratefully recieved!
They had there legal team look at all my evidence, have contacted the vendor who has refused the claim stating they inspected the car before it was sold, and they're saying the fault didn't exist. The Bank have come back to me saying were in a dispute position, and that I need to contact the vendor directly, and advised me to take legal advice on it.
Here's where it gets a bit grey......
I noticed the fault within 6 months, but I couldn't tell at the time what exactly it was, I wasn't sure if it was the car or something else, so waited to see if it did it again (there was evidence of it happening, but I couldnt figure out how?). I did take a photo of the result of the fault at the time.
The fault happened again, at 7 months this time I caught it all on video. It's happened 5 times in total, each time the manufacturing dealership handing it back saying its fixed, but then it fails again. The car is still faulty now.
I have just replied to the Bank, stating that the Dealers position that they inspected the car falls down because that inspection is a simple visual inspection, and doesnt produce the conditions which we now know from the dealership fixing it, are required to fault. They simply look at the outside of the systems, and check for computer code errors.
The fact that they (the manufacturers dealership under warranty) have not fixed it after 6 months and 5 attempts also shows that the simple pre-sale test would not have picked up the fault.
I have a feeling the Bank will again try and sidestep responsability, passin gme on to the Vendor.
I can however keep responding to the bank, disproving what the vendor states with proof from the dealership garage that was attempting to fix the car, who should be seen as independant.
I could, as an option, take the car for the very same tests (to another independant) that they conducted before I bought it, to prove that the fault would not have been picked up in this test.
Can someone please give me their opinion of how they see this playing out? I'd like to avoid court, as its over £10k in value, and with that comes legal costs because its not Small Claim anymore. If it goes south for any reason, means I'm even worse off!
Background info:
The car had only done circa 1500 miles from purchase when the fault was recorded on video, it is a limited mileage car, which has an increased value over similar aged cars due to its low mileage, and has appreciated in value since I bought it.
The car was unavailable to drive for a significant period in that first 6 months, for unrelated work (it was in the body shop), but coupled with low mileage (its only used in good weather), justifies why the mileage covered is so low, and so the oppertunity for the fault ot show was limited. So much so, Id like to think that the 6 month window should be given some descretion..??
Each time it has faulted, I recorded a video and photos. The second time, to prove to the Dealership trying to fix it I didnt simply cause it myself, I showed their Tech how the fault occurs.
I estimate I've lost over £3,500 in running costs for the vehicle (not including capital payments) in the time its been in the garage.
The car is now sat unused on my driveway.
I want rid of the car, I no longer want to seek a repair, I've fallen out of love with it, and my wife is too scared to get in it becasue of the fault being dangerous.
Any help most gratefully recieved!
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