Frustration doesn't come close

[malimner]

I seem to be hear again... different issue this time.

R0b - welcome your thoughts.

So, 1st week of August I brought a car from a dealer for £4750. I paid 250 cash, rest on finance.

A day after arriving home (the dealer is 150 miles away near parents house), the car showed 'gearbox fault'.

As advised by the dealer I took it to a trusted local mechanic as they thought it may be the battery. Batter was replaced and the got the car home, with diagnosis including one for clutch actuator.
Next day, same message now the car wont move at all.

As advised, car was recovered to a mechanic of their choice - i requested main dealer this was refused.

A month passes by as the dealer owner was on 'holiday' and no one could authorise anything.

Eventually the actuator was diagnosed as faulty, removed tested and fault confirmed. Mechanic recommended a new unit be sourced as these cannot be reconditioned or 2nd hand units used due to the 'marrying' of the part to the car. The dealer did not accept this and there was a merry-go-round of trying to source a part with no luck.
Dealer finally accepts a new part is needed.
Mechanic is also very slow and also has a few days in hospital.

3 months passed since purchase.

Meantime, i have been pushing very hard for a rejection. Broker say the dealer has one chance to fix it, and needs that chance (even though it is now 3 months!). My point about this being the second garage to attempt to fix is not accepted.

As they start to accept the right to push for rejection, the car is fixed! I say I will only accept the car if i get the 3 months instalments back (I only had the car a day). The car is then delivered (driven) to my house - i put in writing this is not an acceptance of the car.

We are advised to start the car and run to allow the pump to 'bed in' (??)

We do this, the next day (last Friday), the same fault occurs, car will not now move anywhere.

I still push for rejection. Broker now seems to accept this, dealer is playing silly buggers and denying who the boss is, deny having had emails etc from the broker (broker confimrs there has been some communication).

Current situation - nearly 4 months since purchase, drove it for one day or so. Waiting for dealer to 'accept' the rejection.

P###ed off? yes.

Any advice on rights / what I can do? I just want a car that works or my money back.

ps - to my regret i did not put the £250 on credit card

many thanks

[R0b]

Hello

Can I ask why you are dealing with the broke / dealer? If the car is on finance you need to be dealing with the finance company, unless the finance was a fixed sum loan agreement in which case it's only the dealer you should be dealing with.

Sounds like you have sat around way too long and you aren't getting anywhere. Depending on your answers to the above, I would either be submitting a formal complaint to the finance company or issuing a letter before action and seeking to take them to court.

[malimner]

R0b
I was led to Bieber dealing with the broker was the right thing, and they would support me .

I have also spoke to the lender who made supportive noises but didn't really do anything, I can push I though?

Do you have formal complaint templates? Is it worth going to the FCA?

Thanks

[R0b]

If the agreement is a hire purchase type agreement, then its the finance company you need to be dealing with from the start. Under hire purchase agreements, the dealer sells the car to the finance company who in turn hires the vehicle out to you.

If it is a fixed sum loan, that is just a personal loan where the finance company pays the sum to the dealership directly on your behalf and you own the vehicle with any faults or issues are dealt with by the dealership.

In my signature there is a link to a list of templates, under section 5 there is a an example template letter before action for a faulty car. You will need to adapt it to suit your current situation. As I said though, you need to work out who is responsible before you can decide your next steps.

[malimner]

Thanks...it is a hp via a finance lender .

[R0b]

In which case I would suggest you make a formal complaint to the finance co. Setting out in detail what has happened to date and that you want to reject the vehicle, presumably on grounds that it is not of satisfactory quality or fit for purpose.

I expect them to try to get another opportunity to fix the car but that's up to you and whether that is reasonable or depends on the fact that you never informed them of your issue in the first place.

To avoid court you could try the free option by going through the Financial Ombudsman and seeing if they will agree with your findings. I would also be clear and ask that you are provided with a courtesy car whilst the dispute is ongoing as it is putting you at a significant inconvenience. if all that fails then your next step would be going to court.

One thing I should mention is that you've not said how old the car is and what the mileage was prior to you getting it as that could have a impact on your claim but nevertheless should have been in a roadworthy condition from the point of sale.

[malimner]

Hi
i have also been talking t0 the lender, but the broker was leading on it. The lender legal dept. was supposed to call me back but didnt.
The car is a 2010 car with 80k on the clock. The big issue for me is that i only had it for a day before it broke so i really dont see how they could claim it was fit for purpose.

I spoke to the mechanic today who said he told the dealer it wasnt fixed and needed to go to a main dealer.... they never said that when they dropped it off. Nice.

[malimner]

So still havent heard anything... looks like the dealer is playing silly buggers. Really need some legal advice on where to go with this now, i feel like i have to step this up a notch or 3.
So tomorrow will go for it with the lender and citizens advice too.

[malimner]

Update....the car goes back to dealer tomorrow, they want to see it but have accepted the rejection in principle .fingers crossed .

[malimner]

Final update....
the car went back to the dealer.. who did nothing. They were allowed 14 days to do a quick condition check, which they failed to do. At this point the lender and broker agreed to do the unwind.
So, the unwind has been agreed and I am getting all the money I have paid returned.

Finally, a positive result - don't give up people if this happens to you....thanks R0b for your support