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Car purchased not as described / not satisfactory / not fit for purpose
I purchased a car last July (delivered 4 August) 2020. Foolishly I didn't view it or test drive it prior to inspection. Car was described as stunning and having a full service history.
Car had obvious faults that were not pointed out prior to sale. Rear Wiper didn't work, AC didn't work and a 10cm crack in the rear bumper.
Contacted the dealer using WhatsApp 2 days after delivery and asked what they could do to make things right. The dealer told me to expect wear and tear on a 15 year old used car. Bear in mind I paid £2795 for the car and the August 20 Whatxar valuation for an excellent example was £2281 so it was priced at the top end of the market. I didn't know my rights back then and took the dealer's word in good faith so I got the rear wiper rrepaired and had the Aircon serviced soon after.
2 weeks after the Aircon Service it was blowing hot air again. Took it to another garage who informed me the AC condenser was damaged and 90% of the refrigerant had leaked out.
Had the AC condenser replaced in mid September.
Around this time I also noticed that the plastic under engine cover was missing and the front bumper cover was not secured properly along the lower edge. Bought a replacement guard and fixings for the bumper and buttoned it up.
Posted a negative review on both Google reviews and Autotrader in early September. Dealer responded unprofessionally to the Google Review and used non factual statements in both responses. Dealer didn't invite me to make contact to resolve the issues.
Front subframe and rear cross member were covered in surface rust (Liverpool Car) so treated it to a full rust prevention treatment.
In December I noticed that the two most recent invoices for servicing weren't present. Mot was done on the same day and mileage as the service stamps so contacted the MoT testing stations to obtain duplicate invoices. Services stamps were dated in 2018 and 2109 so quite recent, worth a shot. Sent a photo of the service stamps o the Most testing stations. Both denied in writing that it was their stamp. One sent.me a photo of his stamp as proof plus a copy of the invoice for the 2018 MoT and work on brakes required to make it pass. The stamps I have in my book have no garage details on them and can purchased online for £14.99 which is worrying.
over the next few weeks I contacted arious other garages local to the testing stations to check if they'd serviced the car. No joy. It was around this time that I became aware of CRA 2015 and CPR 2008. At the end of January I started emailing the dealer asking questions about the service history. Dealer told me that a stamp in the book is generally accepted as proof of service. Prior to that I had messaged the salesman that I was dealing with prior to sale. He told me that he no longer worked for the company but his WhatsApp avatar suggested otherwise. He then told me that the dealer may not be willing to help me out regarding the service history because I'd left negative feedback.
At the end of January I sent the dealer an official complaint via email and recorded letter. The response I got was that the "legal team" wer dealing with It and would respond soon. Guess who the legal team is? LegalSolutions4U.
I'd set a 14 day deadline for response, threatening further action if none was received. I'd asked for a refund for rectifying all the faults that were present on the car, £650 or so.
Didn't get a response for 20 days. Response was dealer is not liable.
On 1st February I discovered that the input shaft bearing in the gearbox was worn. Local garage did a preliminary diagnosis but said that they would need to strip the gearbox out of the car to diagnose fully. Owned the car less than 6 months and driven only 1800 miles in that time. My guess is that the fault was there at purchase but didn't present itself until February.
Needed the car running ahead of schools reopening on 8th March (my wife is a teacher). Sent an email and recorded letter to dealer on 1st Feb. 14 day deadline again. Asked the dealer to propose a solution to the problem. Made it clear that I didn't want to reject the car since I'd already invested in servicing and rust protection so would lose about a grand handing it back. Also made it clear that I didn't want a replacement for the same reason. Only option left was repair. No response, no phone call. Nada. Waited until 17th February before making the decision to get the gearbox fixed. Had a new clutch fitted at the same time as it was worn anyway. £1600 all in.
Car felt totally different afterwards and fuel economy shot up.
Eventually got a response from LegalSolutions4U. Dealer denies liability as I had acted unilaterally in instructing repairs. I didn't have much of a choice other than to hire a car or buy another car.
And now the final kick in the teeth. Rear coil spring appears to be broken, I spotted it last Saturday morning. Since it's unsafe to drive with a broken spring my wife had to get an Uber to work and back today £35. Checked back through photos and video of the car prior to sale and rear driver's side wheel looks a bit wonky. Didn't notice it at the time and my attention wasn't drawn to this fault by the dealer prior to sale. When the car was delivered I didn't notice it either, in fact it looked fine as I have checked a photo that was taken about 20 minutes after delivery. It appears that some kind of repair was made prior to delivery. Spring is old and rusty so maybe they put a used spring on the car (unsafe) or did something else to make the car sit right. Either way coil springs should be replaced in matched axle pairs for safety reasons. Best way to achieve that is with new parts. This wasn't done.
I've notified LegalSolutions4U and requested that the dealer take positive action to resolve this issue. I don't expect a reply anytime soon.
I've also commissioned a post accident report from and IEAE inspector to assess the damage to the rear of the car as indicated by the BG crack in the rear bumper. I'm now concerned that this accident was more than a fender bender and may have compromised the integrity of the rear suspension. I don't want my wife to drive this car until this report is done.
Since the dealer has already made it clear to me that he / she is not willing to engage in ADR I have threatened legal action if it transpires that this vehicle has been unsafe to drive since purchase. Luckily the dealer has (by mistake I think) admitted that the crack in the rear bumper was there before I bought it, whilst trying to dodge my claim of car not as described. Hence any other damage should also be present and detectable. He / she thinks that I had been made aware of the bumper damage prior to purchase by showing me a poorly framed grainy image of the rear of the car. If you didn't know there was a crack there you wouldn't see it.
My wife is furious and want to part exchange the car for something else but we would only get about £1400 for it. We've invested heavily in this car when we shouldn't have needed to. If the dealer had met his / her obligations we wouldn't be in this situation. It's been a very stressful time.
The car has been nicknamed the money pit.
So with all this in mind, what is the best way for me to approach this in court once I have the report (assuming that the dealer does not want to settle out of court)?
Vehicle not as described / not of satisfactory quality / not fit for purpose under CRA 2015
Or very serious miseading actions under Consumer Protection (Amendment) Regulations 2014.
Ideally I would like to get back all the money I have spent on this car in order for it to match the description I was given by the dealer. Currently this stands at about £2300. This will go up if I have to fix the rear suspension.
Can I still reject the car but claim damages for all the money I've spent on the car to put it right?
Which approach has the better chance of success?
Thanks in advance.
Car had obvious faults that were not pointed out prior to sale. Rear Wiper didn't work, AC didn't work and a 10cm crack in the rear bumper.
Contacted the dealer using WhatsApp 2 days after delivery and asked what they could do to make things right. The dealer told me to expect wear and tear on a 15 year old used car. Bear in mind I paid £2795 for the car and the August 20 Whatxar valuation for an excellent example was £2281 so it was priced at the top end of the market. I didn't know my rights back then and took the dealer's word in good faith so I got the rear wiper rrepaired and had the Aircon serviced soon after.
2 weeks after the Aircon Service it was blowing hot air again. Took it to another garage who informed me the AC condenser was damaged and 90% of the refrigerant had leaked out.
Had the AC condenser replaced in mid September.
Around this time I also noticed that the plastic under engine cover was missing and the front bumper cover was not secured properly along the lower edge. Bought a replacement guard and fixings for the bumper and buttoned it up.
Posted a negative review on both Google reviews and Autotrader in early September. Dealer responded unprofessionally to the Google Review and used non factual statements in both responses. Dealer didn't invite me to make contact to resolve the issues.
Front subframe and rear cross member were covered in surface rust (Liverpool Car) so treated it to a full rust prevention treatment.
In December I noticed that the two most recent invoices for servicing weren't present. Mot was done on the same day and mileage as the service stamps so contacted the MoT testing stations to obtain duplicate invoices. Services stamps were dated in 2018 and 2109 so quite recent, worth a shot. Sent a photo of the service stamps o the Most testing stations. Both denied in writing that it was their stamp. One sent.me a photo of his stamp as proof plus a copy of the invoice for the 2018 MoT and work on brakes required to make it pass. The stamps I have in my book have no garage details on them and can purchased online for £14.99 which is worrying.
over the next few weeks I contacted arious other garages local to the testing stations to check if they'd serviced the car. No joy. It was around this time that I became aware of CRA 2015 and CPR 2008. At the end of January I started emailing the dealer asking questions about the service history. Dealer told me that a stamp in the book is generally accepted as proof of service. Prior to that I had messaged the salesman that I was dealing with prior to sale. He told me that he no longer worked for the company but his WhatsApp avatar suggested otherwise. He then told me that the dealer may not be willing to help me out regarding the service history because I'd left negative feedback.
At the end of January I sent the dealer an official complaint via email and recorded letter. The response I got was that the "legal team" wer dealing with It and would respond soon. Guess who the legal team is? LegalSolutions4U.
I'd set a 14 day deadline for response, threatening further action if none was received. I'd asked for a refund for rectifying all the faults that were present on the car, £650 or so.
Didn't get a response for 20 days. Response was dealer is not liable.
On 1st February I discovered that the input shaft bearing in the gearbox was worn. Local garage did a preliminary diagnosis but said that they would need to strip the gearbox out of the car to diagnose fully. Owned the car less than 6 months and driven only 1800 miles in that time. My guess is that the fault was there at purchase but didn't present itself until February.
Needed the car running ahead of schools reopening on 8th March (my wife is a teacher). Sent an email and recorded letter to dealer on 1st Feb. 14 day deadline again. Asked the dealer to propose a solution to the problem. Made it clear that I didn't want to reject the car since I'd already invested in servicing and rust protection so would lose about a grand handing it back. Also made it clear that I didn't want a replacement for the same reason. Only option left was repair. No response, no phone call. Nada. Waited until 17th February before making the decision to get the gearbox fixed. Had a new clutch fitted at the same time as it was worn anyway. £1600 all in.
Car felt totally different afterwards and fuel economy shot up.
Eventually got a response from LegalSolutions4U. Dealer denies liability as I had acted unilaterally in instructing repairs. I didn't have much of a choice other than to hire a car or buy another car.
And now the final kick in the teeth. Rear coil spring appears to be broken, I spotted it last Saturday morning. Since it's unsafe to drive with a broken spring my wife had to get an Uber to work and back today £35. Checked back through photos and video of the car prior to sale and rear driver's side wheel looks a bit wonky. Didn't notice it at the time and my attention wasn't drawn to this fault by the dealer prior to sale. When the car was delivered I didn't notice it either, in fact it looked fine as I have checked a photo that was taken about 20 minutes after delivery. It appears that some kind of repair was made prior to delivery. Spring is old and rusty so maybe they put a used spring on the car (unsafe) or did something else to make the car sit right. Either way coil springs should be replaced in matched axle pairs for safety reasons. Best way to achieve that is with new parts. This wasn't done.
I've notified LegalSolutions4U and requested that the dealer take positive action to resolve this issue. I don't expect a reply anytime soon.
I've also commissioned a post accident report from and IEAE inspector to assess the damage to the rear of the car as indicated by the BG crack in the rear bumper. I'm now concerned that this accident was more than a fender bender and may have compromised the integrity of the rear suspension. I don't want my wife to drive this car until this report is done.
Since the dealer has already made it clear to me that he / she is not willing to engage in ADR I have threatened legal action if it transpires that this vehicle has been unsafe to drive since purchase. Luckily the dealer has (by mistake I think) admitted that the crack in the rear bumper was there before I bought it, whilst trying to dodge my claim of car not as described. Hence any other damage should also be present and detectable. He / she thinks that I had been made aware of the bumper damage prior to purchase by showing me a poorly framed grainy image of the rear of the car. If you didn't know there was a crack there you wouldn't see it.
My wife is furious and want to part exchange the car for something else but we would only get about £1400 for it. We've invested heavily in this car when we shouldn't have needed to. If the dealer had met his / her obligations we wouldn't be in this situation. It's been a very stressful time.
The car has been nicknamed the money pit.
So with all this in mind, what is the best way for me to approach this in court once I have the report (assuming that the dealer does not want to settle out of court)?
Vehicle not as described / not of satisfactory quality / not fit for purpose under CRA 2015
Or very serious miseading actions under Consumer Protection (Amendment) Regulations 2014.
Ideally I would like to get back all the money I have spent on this car in order for it to match the description I was given by the dealer. Currently this stands at about £2300. This will go up if I have to fix the rear suspension.
Can I still reject the car but claim damages for all the money I've spent on the car to put it right?
Which approach has the better chance of success?
Thanks in advance.
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