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Sold a car by a firm called DA CAR AND COMMERCIAL LTD
Ill be brief as its a bit of a long story:
1. Sold a car by said firm. Met with them, paid them 80% of the money in cash, rest went via bank transfer (to the owner of the vehicle). Car was advertised on their website, facebook, autotrader and outside their forecourt.
2. Fast forward~ 4 months car has problems. Namely an expensive oil leak. Contacted DA CAR AND COMMERCIAL, theyve told me to clear off and their reasons as follows:
The car although sold by them means I am not protected by CRA 2015 as the car was owned by somebody else and they did not make a penny off the sale (so they claim).
They have provided me with a receipt which says "x company via DA CAR AND COMMERCIAL LTD". They have now since claimed this receipt wasnt given to me by them.
The matter is a laughing stock. I have taken legal advice who have said given they have sold me the car, and I have dealt with them, my rights under CRA 2015 still stand and if they do not repair the car, they are liable for any bills.
Unbelievable.
Letter that was sent from me to to them:
Reply received:
Ill be brief as its a bit of a long story:
1. Sold a car by said firm. Met with them, paid them 80% of the money in cash, rest went via bank transfer (to the owner of the vehicle). Car was advertised on their website, facebook, autotrader and outside their forecourt.
2. Fast forward~ 4 months car has problems. Namely an expensive oil leak. Contacted DA CAR AND COMMERCIAL, theyve told me to clear off and their reasons as follows:
The car although sold by them means I am not protected by CRA 2015 as the car was owned by somebody else and they did not make a penny off the sale (so they claim).
They have provided me with a receipt which says "x company via DA CAR AND COMMERCIAL LTD". They have now since claimed this receipt wasnt given to me by them.
The matter is a laughing stock. I have taken legal advice who have said given they have sold me the car, and I have dealt with them, my rights under CRA 2015 still stand and if they do not repair the car, they are liable for any bills.
Unbelievable.
Letter that was sent from me to to them:
10th July 2023
Ref: RJ16 YNW AUDI A6 AVANT
Dear D A car and commercial ltd
We purchased the AUDI A6 AVANT from yourselves on 12/02/23. On the 1st July 2023 our vehicles oil light came on. I, Faris checked the electronic dipstick and it revealed the oil was just over minimum. I, Faris noticed spots of oil on my driveway. I, Faris took the vehicle to be inspected and arranged for a service at the same time. The mechanic told me that there is a major oil leak relating to the crankshaft oil seal. I, Faris was advised not to drive the car and immediately change the cambelt, waterpump and seal. I, Faris was told driving the car, the cambelt could slip. It would then require a replacement engine at an estimated cost including fitting of ~£5000. The vehicle in its current state is not roadworthy, unsafe to drive. We have since consulted with two other mechanics. Other mechanics have confirmed that, if indeed the crankshaft oil seal is leaking, and it is losing oil in the fashion it is, the engine could seize.
Pictures were sent to yourselves on WhatsApp on 6th July 2023
A “bill of works” was sent to yourselves on WhatsApp on 6th July 2023.
I have since followed this up on the 10th July.
Separately other issues I made you informally aware about roughly a week after taking delivery of the vehicle
To settle the matter I am looking at the following resolution:
without prejudice save as to costs
Settlement A:
1a. The vehicle to be collected by yourselves by a recovery truck – to avoid further risk of damage.
(If refused to be collected using a recovery truck, I would like it signed in writing that if you drove the vehicle, you would be liable for a replacement engine, fitting, my associated costs and an exact timeline of when you would be able to do said repair)
(We understand our rights under the Consumer Rights Act do not oblige us to return or collect the vehicle)
1b. The vehicle to be inspected and repaired to a high quality* (invoices of genuine parts purchased shared with me and a receipt confirming a warranty on the works).
1c. The vehicle to be returned to ourselves by yourselves.
(business commitments mean I have little time to re-collect the car)
1d. Once the vehicle is returned to ourselves I would arrange an independent examination of the mechanical works c(at my own cost) carried out to confirm high quality repair. Providing I have confirmation from a qualified mechanic the correct works have been carried out and I am unlikely to have further problems with the car, the matter is finalised. If it is a low quality repair or the necessary repairs have not been carried out, we would look at the option of rejecting the vehicle.
* necessary parts replaced. Oil cleaned away from said parts. Undertray cleaned to remove oil.
without prejudice save as to costs
Settlement B:
1a. To arrange ourselves for a recovery truck to transfer the vehicle from my driveway to the garage.
1b. Garage carries out necessary works and provides invoice as to cost of works.
1c. We send said invoices to yourselves for reimbursement of the costs of setting the vehicles straight.
without prejudice save as to costs
In an ideal world, it seems Settlement A is the most reasonable solution. I would outline why:
If we cannot reach a resolution with respect to SETTLEMENT A We would have no choice but to have the vehicle repaired ourselves– SETTLEMENT B. If we have no choice but to repair the vehicle ourselves (SETTLEMENT B), we would look to send you invoices for:
If we do reach a resolution with respect to SETTLEMENT A – We would like an exact timeline* and agreement of when the vehicle would be collected (date, time) and when the vehicle would be returned (date, time) well in advance. We would like this timeline and its agreement to be adhered to, as to avoid disruption to our business and personal life.
*We understand that to replace said parts would take a days labour and that the 'crankshaft oil seal' is required to set for 24 hours before the engine can be turned on'.
If we cannot reach a resolution within a reasonable period of time, I would like this communicated to me as soon as possible so that we could ourselves get our vehicle roadworthy again (SETTLEMENT B) – the vehicle is used for personal use. At the moment we cannot travel to our child's medical appointments. We cannot travel around as a family. We in the meantime for short duration journeys would be relying on taxis.
If we do not hear from you by this Friday 14h July 2023, we would look to have the vehicle repaired ourselves (SETTLEMENT B). We would aim to find 3 quotes and go with the most cost effective option.
We would in all circumstances like to avoid court proceedings. We would like an amicable resolution to the matter at hand given our unique commitments as a family and owner of a business.
Many thanks
Ref: RJ16 YNW AUDI A6 AVANT
Dear D A car and commercial ltd
We purchased the AUDI A6 AVANT from yourselves on 12/02/23. On the 1st July 2023 our vehicles oil light came on. I, Faris checked the electronic dipstick and it revealed the oil was just over minimum. I, Faris noticed spots of oil on my driveway. I, Faris took the vehicle to be inspected and arranged for a service at the same time. The mechanic told me that there is a major oil leak relating to the crankshaft oil seal. I, Faris was advised not to drive the car and immediately change the cambelt, waterpump and seal. I, Faris was told driving the car, the cambelt could slip. It would then require a replacement engine at an estimated cost including fitting of ~£5000. The vehicle in its current state is not roadworthy, unsafe to drive. We have since consulted with two other mechanics. Other mechanics have confirmed that, if indeed the crankshaft oil seal is leaking, and it is losing oil in the fashion it is, the engine could seize.
Pictures were sent to yourselves on WhatsApp on 6th July 2023
A “bill of works” was sent to yourselves on WhatsApp on 6th July 2023.
I have since followed this up on the 10th July.
Separately other issues I made you informally aware about roughly a week after taking delivery of the vehicle
- noise coming from passenger rear wheel (shock absorber, bearing?)
- when vehicle starts, reverse gear does not immediately engage and sometimes rolls forward. (how much of a big problem is this?)
- Bluetooth is intermittent when playing music from the phone handsfree. The AUDI MMI cable needs replacement.
To settle the matter I am looking at the following resolution:
without prejudice save as to costs
Settlement A:
1a. The vehicle to be collected by yourselves by a recovery truck – to avoid further risk of damage.
(If refused to be collected using a recovery truck, I would like it signed in writing that if you drove the vehicle, you would be liable for a replacement engine, fitting, my associated costs and an exact timeline of when you would be able to do said repair)
(We understand our rights under the Consumer Rights Act do not oblige us to return or collect the vehicle)
1b. The vehicle to be inspected and repaired to a high quality* (invoices of genuine parts purchased shared with me and a receipt confirming a warranty on the works).
1c. The vehicle to be returned to ourselves by yourselves.
(business commitments mean I have little time to re-collect the car)
1d. Once the vehicle is returned to ourselves I would arrange an independent examination of the mechanical works c(at my own cost) carried out to confirm high quality repair. Providing I have confirmation from a qualified mechanic the correct works have been carried out and I am unlikely to have further problems with the car, the matter is finalised. If it is a low quality repair or the necessary repairs have not been carried out, we would look at the option of rejecting the vehicle.
* necessary parts replaced. Oil cleaned away from said parts. Undertray cleaned to remove oil.
without prejudice save as to costs
Settlement B:
1a. To arrange ourselves for a recovery truck to transfer the vehicle from my driveway to the garage.
1b. Garage carries out necessary works and provides invoice as to cost of works.
1c. We send said invoices to yourselves for reimbursement of the costs of setting the vehicles straight.
without prejudice save as to costs
In an ideal world, it seems Settlement A is the most reasonable solution. I would outline why:
- It allows yourselves the sellers to inspect the car and repair it as necessary therefore having less costs. I understand you are attached to a workshop and the vehicle was fully owed by the owner of that workshop.
- I am self employed. I work on average 10 hours a day 6 days a week. I have little time to take a vehicle to be repaired and to arrange things. I have business commitments.
If we cannot reach a resolution with respect to SETTLEMENT A We would have no choice but to have the vehicle repaired ourselves– SETTLEMENT B. If we have no choice but to repair the vehicle ourselves (SETTLEMENT B), we would look to send you invoices for:
- The works carried out to restore the vehicle back to a roadworthy condition.
- Associated costs with respect of recovery truck to move the vehicle and others ie taxi services and hire cars.
If we do reach a resolution with respect to SETTLEMENT A – We would like an exact timeline* and agreement of when the vehicle would be collected (date, time) and when the vehicle would be returned (date, time) well in advance. We would like this timeline and its agreement to be adhered to, as to avoid disruption to our business and personal life.
*We understand that to replace said parts would take a days labour and that the 'crankshaft oil seal' is required to set for 24 hours before the engine can be turned on'.
If we cannot reach a resolution within a reasonable period of time, I would like this communicated to me as soon as possible so that we could ourselves get our vehicle roadworthy again (SETTLEMENT B) – the vehicle is used for personal use. At the moment we cannot travel to our child's medical appointments. We cannot travel around as a family. We in the meantime for short duration journeys would be relying on taxis.
If we do not hear from you by this Friday 14h July 2023, we would look to have the vehicle repaired ourselves (SETTLEMENT B). We would aim to find 3 quotes and go with the most cost effective option.
We would in all circumstances like to avoid court proceedings. We would like an amicable resolution to the matter at hand given our unique commitments as a family and owner of a business.
Many thanks
Reply received:
Hello Mr Quayum
Sorry to hear of your troubles with the vehicle.
As you are aware, in the case regarding this car, we simply facilitated the sale of the vehicle for a friend who has a completely separate business based next door to our premises.
This fact was advertised, also stated many times prior to your purchase, further reiterated upon collection of the vehicle, along with being acknowledged by yourself in your attached letter, snip below;
Furthermore, as you are aware, no monies or gratuities were received through DA Car and Commercial, payment was made directly to the previous owner of the vehicle and the receipt was also issued by them.
You may be aware that we are an AA and Trading standards approved dealership, these do offer mediation and an impartial service should you be unhappy with this response, information is available online, the website is as follows - www.theaa.com/cars/site/complaints
Again, sorry to hear of your troubles, we wish you the best and hope you manage to resolve the issues with the car.
Kind regards
DA Car and Commercial
Sorry to hear of your troubles with the vehicle.
As you are aware, in the case regarding this car, we simply facilitated the sale of the vehicle for a friend who has a completely separate business based next door to our premises.
This fact was advertised, also stated many times prior to your purchase, further reiterated upon collection of the vehicle, along with being acknowledged by yourself in your attached letter, snip below;
Furthermore, as you are aware, no monies or gratuities were received through DA Car and Commercial, payment was made directly to the previous owner of the vehicle and the receipt was also issued by them.
You may be aware that we are an AA and Trading standards approved dealership, these do offer mediation and an impartial service should you be unhappy with this response, information is available online, the website is as follows - www.theaa.com/cars/site/complaints
Again, sorry to hear of your troubles, we wish you the best and hope you manage to resolve the issues with the car.
Kind regards
DA Car and Commercial
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