Stuck with faulty used vehicle

[spykiedoo]

Hi, I bought a used car on 3/2/16 and to cut a long story short I traveled a long way to buy it and it wasn't really as described because there were scratches on it and one of the electric windows didn't work but I negotiated a small discount and a 6 month warranty (to have the window repaired) and I continued with the purchase.

After having the car home for a while I started noticing that there was some fluid leaking from it, which wasn't immediately noticeable as I live in rainy Wales :tinysmile_cry_t: and when I looked into it further it turned out to be steering fluid. The car was completely empty of steering fluid and there was obviously a fault with the vehicle. I contacted the dealer about this on 16/3 and was advised to either have it repaired under the warranty or to take it back to them to repair it. Taking it back wasn't really an option as it's a six hour round trip, so I contacted a local garage to ask them to look into the matter and to advise if the repair could be carried out under the warranty. I was informed by the AA (who the warranty was with) that this wasn't covered under the warranty, so the garage gave me a quote for the repair, which turned out to be pipes that needed replacing.

I contacted the dealer and informed them that the fault isn't covered under the warranty and that I don't see why I should have the inconvenience of a 6 hour round trip (plus time to carry out the repair) as the fault was obviously present when I bought the vehicle, and I asked them if it would be possible to have the repair done locally and for them to pay the local garage.

I didn't receive a reply at all and the dealer has now been ignoring my emails. This means that this is dragging on and on and I'm left with a vehicle which isn't really safe to drive and was not as described when it was sold to me and is not fit for purpose.

As I bought the vehicle over 30 days ago, can someone suggest what I can do about this please, as I just feel that I'm stuck with this faulty vehicle now and I don't know what I can (if anything) do about it?

Thank you

[Kati]

Re: Stuck with faulty used vehicle

[MENTION=39710]des8[/MENTION] [MENTION=71570]R0b[/MENTION] ... any advice??

[spykiedoo]

Re: Stuck with faulty used vehicle

Thanks Kati :tinysmile_grin_t:

[des8]

Re: Stuck with faulty used vehicle

Hi there.
You have missed the 30 day deadline for outright rejection given under the Consumer Rights Act 2015, but you do have up to 6 months in which to request a repair, replacement or refund. It is assumed the fault was present at the time of delivery and it is upto the seller to prove otherwise.

However the dealer must be given one chance to repair, but if he fails you are entitled to a refund.
A deduction may be made from the refund to take into account your usage

I would suggest a "signed for" letter pointing your rights, asking him politely to sort the matter within 7 days and indicate you are considering court action to enforce.

[spykiedoo]

Re: Stuck with faulty used vehicle

Thanks for that Des, will it go against me that the dealer has offered a repair but he is a 6 hour round trip from where I live? I don't think this is practical for me and I don't see why I should have to go to this amount of inconvenience because I have been sold a faulty car? Also, is there a template letter that I could use for this please? Thanks again

[des8]

Re: Stuck with faulty used vehicle

IMO if the fault with the car makes it unroadworthy or dangerous to drive, the dealer should arrange for collection & repair at his own cost.

You need to write along the lines of:

[Your address]
[Manager/ Owner]
[Dealership address]
Dear Sir/ Madam
Ref: [registration number of vehicle]
On [date] I purchased, and took delivery of, the above vehicle [make and model] from you for £XXXX
On [date] I discovered that it was not of satisfactory quality: [describe the problem].

The Consumer Rights Act 2015 requires dealers to supply goods of satisfactory quality.
However, the vehicle is clearly unroadworthy. You are therefore in breach of contract.
I am legally entitled to reject the vehicle and to be reimbursed.
Alternatively you have one opportunity to repair the vehicle.
Whether you decide to repair, or refund, due to the fault you will need to arrange collection at your cost
I look forward to receiving your decision within 14 days.
If you fail to contact me I shall have no alternative but to issue a claim against you in the county court for recovery of the money without further reference to you.
Yours faithfully,

[spykiedoo]

Re: Stuck with faulty used vehicle

Thank you so much for that Des, I will get the letter off and keep you updated with what happens

[des8]

Re: Stuck with faulty used vehicle

How did you pay for the vehicle?
If you used a credit card or bought on finance you might have protection there.

[R0b]

Re: Stuck with faulty used vehicle

Thank you so much for that Des, I will get the letter off and keep you updated with what happens

Not sure if you will send the letter off before you get this message but just to add some force behind @des8's letter and your query about the 6 hour round trip, the Consumer Rights Act says the following about repair or replacing goods:

If the consumer requires the trader to repair or replace the goods, the trader must—

(a)

(a) do so within a reasonable time and without significant inconvenience to the consumer, and

(b)

(b) bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).

Part 1, Chapter 2, s.23 is the reference

[spykiedoo]

Re: Stuck with faulty used vehicle

Thank you Rob, I haven't sent the letter yet so I will definitely refer to the section that you have quoted. I paid a small cash deposit Des and the rest is on finance, was going to copy the finance company into the letter.

[R0b]

Re: Stuck with faulty used vehicle

You should also be aware that there is a new Consumer Ombudsman for complaints in relation to this as opposed to going to court - http://www.consumer-ombudsman.org/ where you might be able to seek redress without the need of any legal proceedings. Note that it is an ADR service

How good they are I have no idea as it has recently been introduced and I don't know if there are many cases that have been referred. Worth a look anyway as an alternative before you start spending more money on court fees.

The Consumer Ombudsman process can be found here: https://www.ombudsman-services.org/d..._TOR_Annex.pdf

[des8]

Re: Stuck with faulty used vehicle

Thank you Rob, I haven't sent the letter yet so I will definitely refer to the section that you have quoted. I paid a small cash deposit Des and the rest is on finance, was going to copy the finance company into the letter.

As you have hire purchase you also have protection under section 75 of The Consumer Ceredit Act 1974, as the finance provider is responsible if the car is of unsatisfactory quality, not fit for purpose or not as described.

[spykiedoo]

Re: Stuck with faulty used vehicle

Thanks again Rob & Des, I will get the letter sent off asap :tinysmile_grin_t:

[spykiedoo]

Re: Stuck with faulty used vehicle

Hi, just thought I would post an update. The 14 days (plus a couple for post etc) has passed now and I've heard nothing from the dealer. I did receive a letter from the finance company who said that they will investigate the complaint which will take 8 weeks. The car is in daily and the mileage is rising all the time, I still have a vehicle with a potentially dangerous fault. Can anyone advise what my next move should be please? Thank you

[charitynjw]

Re: Stuck with faulty used vehicle

Hi spykiedoo

I'll give [MENTION=39710]des8[/MENTION] & [MENTION=71570]R0b[/MENTION] a nudge.