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CRA 15 - Faults with Used Vehicle (Scotland)

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  • CRA 15 - Faults with Used Vehicle (Scotland)

    Hi there*

    I'm hoping someone can give some advice or help with what to expect. My girlfriend bought a used car from a car trader just over six months ago and we have had nothing but trouble with it. Most recently the automatic gearbox appears to have failed and the car no longer drives. It's with a garage but they can't fix it. It came with a warranty but we don't yet know if the warranty will cover the repair. The repairs, if we can find somewhere capable to carry them out, are expected to run into the thousands. The car was a 2011 Audi Q5 and cost £13,000. I have drafted a letter to send to the car trader which I will copy below; not sure if I should get them involved now or wait to find out the cost of the work and if the warranty will pay? And just any insight as to how this will likely go would be really appreciated. Thanks




    Dear Sirs,*

    On 19 July 2019 I purchased a used car from your firm.

    Since purchase, I have had several issues with the vehicle including an audible whining noise, the vehicle falling into “limp home” mode and losing power, and most recently a failure of the automatic gearbox which has rendered the vehicle immobile.*

    I first brought the vehicle back to you shortly after purchase to have the whining noise investigated and repaired. Due to the distance from our home to your premises this caused us inconvenience and expense. The vehicle was with you for several days and a belt tensioner was replaced, but this did not resolve the issue.*

    Subsequently, a claim was raised through the RAC warranty provided with the vehicle in respect of the “limp home” symptoms. This was diagnosed as an EGR valve fault, which was not covered by the warranty. I carried out this repair and was charged £519.*

    The whining noise was indicated to the garage which carried out the repairs; this was diagnosed as a faulty water pump and replaced under the RAC warranty.*
    On 17 January 2020 the vehicle became completely immobile and a gearbox error was shown on the dashboard. A claim was raised through the RAC and the vehicle was uplifted to our local garage on 18 January 2020. The local garage has advised that several fault codes are showing and they are not equipped to carry out the repairs; they are currently seeking assistance from transmission specialists. I do not yet know if the RAC warranty will cover the repairs required.*

    The Consumer Rights Act 2015 states that any goods I have purchased from a trader should be of satisfactory quality and therefore free from defect. Based on the concerns I have listed above, I do not consider this to be the case.*

    Under the above legislation, I request that you contact me in writing or by e-mail as soon as possible to discuss arrangement for repairing or replacing the goods.*

    I understand from the above legislation that any repair or replacement should be free of charge and that arrangements to uplift the item, along with any associated costs for collection, be handled by your business.*

    I would also like you to consider my out-of-pocket expenses for replacement of the EGR valve.*

    I ask that you respond at your earliest opportunity as the vehicle is currently off the road and I will have to arrange repairs urgently as I require a car for work. If I do not receive a response from you within 14 days of the date of this letter, I will be forced to consider taking further action.*

    Regards


    *
    Tags: None

  • #2
    They will probably say you are out of time as before 6 months they have to show it wasn't faulty but when the car goes in for repair the 6 month clock stops.

    Consumer Rights Act 2015
    *

    Comment


    • #3
      Get that letter in fast... send by email followed by* hard copy sent first class with free certificate of posting from post office (NOT signed for)

      I would tell the trader you are rejecting the vehicle, and so it is deemed the fault was present at time of delivery.
      You realise he has the right to one attempt at repair, but this is entirely at his cost including collection of the vehicle.

      Remind him you have the right to claim damages and so you are also looking for reimbursement of all your costs

      Don't be so nice asking for him to consider etc .. tell him what you want*

      Comment

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