Problems with used car

[Dave1992]

Hi all, bought a 2009 audi s5 from a high end car dealership on Wednesday 15 jan 2020, car had a new mot, pdi, service and disks and pads. I paid £12145 for the car with 12 months warranty. On the 17th January i had a handbrake malfunction which corrected itself but i contacted the dealer to let them know, on the 18th i had an issue with the drivers door handle not letting me in the car so i had to open the window to get in, on the morning of the 19th i had problems with the passenger window stopping and getting stuck and the drivers heated mirror not working, again i contacted the dealer and told them, they booked the car in to get looked at on Tuesday. Today i was driving the car and have a gearbox issue, i called the dealer and took the car down, i took the mechanic for a drive to show the fault and he agreed there was a problem. When i got back i told the guy at the used car dealership i wasnt happy and that i wanted to return the car under the consumer rights act 2015 to which i was told i cant and he could repair it. I said i didnt want the car as i keep having problems everytime i drive it.

These are the issues so far
Handbrake malfunction 17/1/20
Door handle 18/1/20
Mirror and window 19/1/20
Gearbox 24/1/20

I also have damage to the drivers window which i didnt see till after and when i said its in the photos i took before purchasing i was told they wouldnt do anything anyway, interior light switch faulty, audi mmi shuts down randomly and damage to the center console which would have been seen while valeting or the pdi.

Contacted audi to get a diagnostic report on the car including gearbox which will happen on tuesday, contacted citizens advice which said i can use the short term right to reject ect and will have another mechanic write a report on the issue.

Anything else i can do?

Thanks for any help.
*

[des8]

Wait for report?

How did you purchase the car? Cash/credit card/HP?

Your problem is that you seem to have reported certain defects and possibly arranged for them to be repaired.
If that is the case (your post says booked in for faults to be looked at but can it be assumed that was for repair as well?) you have to give the dealer one chance to bring the car to a satisfactory condition.If they fail you can then reject.

[Dave1992]

Hi DES8, i paid with my debit card, i had called earlier in the week about the issues with the door and the window but i had not actually said yes to the booking on tuesday, the guy today said it was booked it already. As ive only had the car for 9 days i thought i didnt have to let them repair the car i could just ask for a refund. 5 faults in 9 days so far

[des8]

You can reject the car within the first 6 years of purchase, The first 6 months is governed by the Consumer Rights act 2015.
If done in the first thirty days the consumer has to prove the vehicle unsatisfactory when purchased, and is entitled to a full refund of all monies, but if he has requested or agreed to repairs he loses the right to reject (at least temporarily)
If rejected after thirty days post delivery but within the first six months it is deemed the vehicle was unsatisfactory when purchased, but dealer has right to one attempt to effect repairs. If that fails any refund can be subject to a deduction for fair usage.
After the first six months and for the next five and a half years the consumer has the right to reject, but would need to show the vehicle was unsatisfactory when purchased (nigh on impossible!)*

As you used your debit card have you approached your bank about a chargeback?
The main requirement for getting your money back through chargeback is evidence that there's been a breach of contract, so word your request carefully

[Dave1992]

Spoke to hsbc about chargeback and they said that if it was a genuine transaction they cant do anything, i told the guy since the first problem i was unhappy with the car and i never confirmed a repair date, his words were call on monday and book it in which i didnt. When i went in today he said it was booked in. The reciept, mot and warranty also all have different mileage on each. Car has 66800 when i picked it up, mot has 66763, reciept has 66000 and warranty has 88000

[des8]

If you have not requested nor agreed to a repair you may reject the vehicle.
I understand you told the dealer today that you require a refund.
That is clearly a rejection, and if you are certain you have not agreed to a repair I would suggest you write confirming your rejection, and request a full refund. send letter first class with free certificate of posting from post office.

Regarding HSBC, they are talking b******t.
Transaction is genuine but goods are faulty and so under Visa's chargeback scheme this should be covered.
Trouble is clerks in branches are ignorant and not taught properly!
Escalate your request and if necessary take through to a formal complaint.
It could be easier, less stressful and cheaper than a court claim (but not necessarily successful)

[Dave1992]

Thanks for the info, regarding the chargeback i tell them the issue ect and get the money refunded and then i just drop the car and key back with the paperwork? I called hsbc so maybe i need to go in branch tomorrow and talk to them. Anything i should take or show them?

[des8]

I would keep dealings with HSBC in writing.
There is no guarantee they will refund as the chargeback scheme is voluntary and not backed by statute, but it is worth trying.

If it comes to a court case against the dealer there are cost implications to be considered, as it will most probably be allocated to fast track.
So it is worth exploring all other avenues first such as chargeback, and mediation and compromise.

[Dave1992]

Hi DES8 ive been doing some research regarding my problems, the door handle issue is a major mot failure.

[des8]

I don't doubt you have a genuine claim that the car is unsatisfactory and you have the right to reject it.

However dealers do not like acknowledging their responsibilities, and sometimes it is necessary to initiate court action.
Court action comes at a cost, some of which might be recovered in the event of a win, but a win cannot be guaranteed.
There is also the stress of court action, which some peeps find difficult to handle
Hence my comments in post 8