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Hi All, I’m hoping someone can help.
I bought a car for my son on 18/1/2020 from an alleged reputable dealer. The Car was sold as having full main dealer service history. The only issue was some paint defects on the bonnet and bumper, dealer claimed as a result of jet wash damage.
Having inspected the car I pointed out that, in my opinion, the car had had a front end respray and the jet wash damage was a result of poor paint application. The Dealer advised he knew the car and owners unwell and it had never had any paint work completed.
When checking the history, I noted that the car was last serviced on 12/1/2019. When I asked the dealer if the service was due and was told that it wasn’t as the car had only covered very low mileage since the last service. I also enquired about brake fluid being overdue and was advised ‘don’t worry I’ve never changed brake fluid in my cars’! My wife was present with me and witnessed both statements.
On the way home, the climate control worked intermittently failing to warm the interior of the car unless heating directed to windscreen, otherwise cold. I immediately took the car to the body shop I use and was advised the the car had had a full front end respray, but the application on the bonnet and front bumper was poor and the paint needed removing completely before rectifying with a decent respray.
I contacted the dealer who said, bring the car back for a refund or you can have £150 back toward the repairs (I paid £3,150 for the car). After some debate, I accepted the £150 and agreed to exclude climate control actuator arm replacement from any warranty claims.
On 20/1 the battery failed, but dealer agreed to pay - ‘get a new one, send an invoice and I’ll refund you’. Copy of receipt sent.
On 21/1 I was checking through the service history and checked service intervals online. For this age of car, it is every 12 months or 12,500 miles whichever occurs first, so the service was overdue when I bought the car - as dealer said the service was not due, is this mis-selling ‘I.e. not as described’ under CRA 2015 ? I also checked the brake fluid change intervals to find they are every two years - the last documented change was in 2011 ! The car also has wet carpets from a water leak. Finally, I found out that the engine is cam belt driven (thought most diesels were chain driven) and the replacement interval is 10 years or 125,000 miles whichever occurs soonest. The car is 10 years and 10 months old.
I've advised the dealer of these issues in writing and asked for the work to be completed to make the car fit for purpose and as described. Due to the risk of cambelt failure, the car is not being driven. The dealer has offered a refund which I’ve declined. We like the car, we just want the overdue work completed. I’ve now put all the issues in writing and offered 3 remedies, 1) dealer collects, rectifies and returns 2) Dealer provides a £350 refund (reduction in price) and i’ll sort out the issues. 3). We can agree to disagree and I’’ll have no choice to proceed legally.
Dealer again offered a refund refund which I’ve declined and requested a decision on which option he’’d like to pursue.
Despite e-mails, text messages and calls the dealer is now refusing to communicate. He also hasn’t sent a payment to cover the battery replacement.
As my son needs to car on the road, I’ve booked the car in for the cam belt to be done. I advised the dealer of the date the work would be completed so that he was aware and could decide to recover the vehicle to a garage of his choice if that was his desired option. Again, no response. This was put into writing (email) and a text sent to confirm an email had been sent.
Am I within my rights to get the cambelt completed then recover the costs, and those for the other work still required, via arbitration and then, if necessary, the small claims court ?
There is evidence of small claims court rulings against dealers who have sold cars with overdue cambelt replacements.
any advice would be gratefully received.
thank thanks.
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I bought a car for my son on 18/1/2020 from an alleged reputable dealer. The Car was sold as having full main dealer service history. The only issue was some paint defects on the bonnet and bumper, dealer claimed as a result of jet wash damage.
Having inspected the car I pointed out that, in my opinion, the car had had a front end respray and the jet wash damage was a result of poor paint application. The Dealer advised he knew the car and owners unwell and it had never had any paint work completed.
When checking the history, I noted that the car was last serviced on 12/1/2019. When I asked the dealer if the service was due and was told that it wasn’t as the car had only covered very low mileage since the last service. I also enquired about brake fluid being overdue and was advised ‘don’t worry I’ve never changed brake fluid in my cars’! My wife was present with me and witnessed both statements.
On the way home, the climate control worked intermittently failing to warm the interior of the car unless heating directed to windscreen, otherwise cold. I immediately took the car to the body shop I use and was advised the the car had had a full front end respray, but the application on the bonnet and front bumper was poor and the paint needed removing completely before rectifying with a decent respray.
I contacted the dealer who said, bring the car back for a refund or you can have £150 back toward the repairs (I paid £3,150 for the car). After some debate, I accepted the £150 and agreed to exclude climate control actuator arm replacement from any warranty claims.
On 20/1 the battery failed, but dealer agreed to pay - ‘get a new one, send an invoice and I’ll refund you’. Copy of receipt sent.
On 21/1 I was checking through the service history and checked service intervals online. For this age of car, it is every 12 months or 12,500 miles whichever occurs first, so the service was overdue when I bought the car - as dealer said the service was not due, is this mis-selling ‘I.e. not as described’ under CRA 2015 ? I also checked the brake fluid change intervals to find they are every two years - the last documented change was in 2011 ! The car also has wet carpets from a water leak. Finally, I found out that the engine is cam belt driven (thought most diesels were chain driven) and the replacement interval is 10 years or 125,000 miles whichever occurs soonest. The car is 10 years and 10 months old.
I've advised the dealer of these issues in writing and asked for the work to be completed to make the car fit for purpose and as described. Due to the risk of cambelt failure, the car is not being driven. The dealer has offered a refund which I’ve declined. We like the car, we just want the overdue work completed. I’ve now put all the issues in writing and offered 3 remedies, 1) dealer collects, rectifies and returns 2) Dealer provides a £350 refund (reduction in price) and i’ll sort out the issues. 3). We can agree to disagree and I’’ll have no choice to proceed legally.
Dealer again offered a refund refund which I’ve declined and requested a decision on which option he’’d like to pursue.
Despite e-mails, text messages and calls the dealer is now refusing to communicate. He also hasn’t sent a payment to cover the battery replacement.
As my son needs to car on the road, I’ve booked the car in for the cam belt to be done. I advised the dealer of the date the work would be completed so that he was aware and could decide to recover the vehicle to a garage of his choice if that was his desired option. Again, no response. This was put into writing (email) and a text sent to confirm an email had been sent.
Am I within my rights to get the cambelt completed then recover the costs, and those for the other work still required, via arbitration and then, if necessary, the small claims court ?
There is evidence of small claims court rulings against dealers who have sold cars with overdue cambelt replacements.
any advice would be gratefully received.
thank thanks.
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