Thread: car craft - dodgy car - meriva :@

ok, basically this is whats gone on...
4th sept, bought a car, was offered no test drive, but had test drove a simular car, but couldnt afford that one, so went 2 yrs older... (05 plate instead of 07)
later that day, EML (engine management light) come on, car began struggling, and meh, its knackered...
5th sept, took the car to cc for repairs...
20th sept, after two weeks of endless fone calls they finaly gave the car back
20th sept (same day) eml back on called up, Customer services closed... call back monday
22nd sept no spots til 30th sept - so deal with it....
30th sept... took back,
1st oct - phone call - collect your car, its gotta be took to dudley motor company by yourself
- i called DMC booked it in for the friday,
friday 3rd oct- dmc recieved car,
monday 6th oct - dmc informed me to collect car - since they couldnt allow me to keep their courtesy car indefinately because CC were not responding with authorisation for works to commence
13 or 14th oct - CC finally authorised works on my car by DMC
16th oct, i returned vehicle to DMC
29th oct got my car back - same problem again
29th oct took car to DMC - they drained fuel from tank believing contaminated fuel
today [1st nov] collect car, still problems after fresh fuel (from empty and cleaning)
my car has had 2 sets of injectors, an ECU etc and in two months ive had no use out of my car.
i understand it is car crafts right to repair the vehicle, BUT: this doesnt mean if the problem is still happening in two months i just have to go "oh well, sh*t happens" does it? im paying 212 quid a month for a car i dont have... AM I ENTITLED TO CANCEL?
I have lost all faith in the vehicle now. the financy company were happy to cancel, but CC refused to have the vehicle returned. I've contacted trading standards. they informed me that the issue needs resolving in 14 days. so does this mean if the problem is still present in 14 days then thats a breach of the contract on their part?
anyone know some real law about my rights... i'm considering breaching my contract now... easily to do, just leave the car without FULLY COMP insurance. (as per section 11 or 12 of my agreement) but this will effect my credit rating, correct?

========================= ====

Below is a copy of the letter i sent to the finance company. - it explains a bit more of the troubles, but this letter was sent 27/10/08.
i have since had other communications with the finance company informing them of my desire to simply return the vehicle now. i dont simply want compensation. i want the agreement terminated (this means only car craft who's the problem was is at a loss - AKA injectors n ECU)

Supply of Goods (Implied Terms) Act 1973 (as amended)


On 4th September 2008, I entered into a Hire Purchase agreement with you for a Vauxhall Meriva 1.7 CDTI from Car Craft / Ucan Car Finance on the Darlaston Road, Wednesbury, West Midlands.


The following problems have arisen:


On the first day of owning the vehicle the engine management light illuminated, and poor running occurred with the vehicle consuming excessive amounts of fuel, I worked it out that I was receiving about 27MPG from a diesel engine that should deliver about 53MPG.


I returned the vehicle to the Car Craft site on the following day (September 5th) where it was for two weeks up until September 20th. Car Craft claimed to have resolved the problem by replacing a set of injectors, and a software update to the ECU. When I took the car into the garage there was half a tank of fuel (about £25 worth) and when I collected my vehicle the tank was empty.


I collected my vehicle on the 20th September where the problem was still occurring. I called the car craft site on 22nd September (Since it was a weekend when I collected my vehicle I waited until the Monday to speak to somebody in customer services).


I then had to wait until the following Tuesday (30th September) to have my vehicle even looked at by Car Craft. At which point I was left without a vehicle. Causing myself inconvenience in addition to loss of earnings from my employment, as I require a vehicle to work.


On Wednesday 1st October I was called by car craft informing me I would need to take my vehicle into the Vauxhall Dealership for repairs. At this point I incurred charges in the form of travel to collect my vehicle, fuel to transport the vehicle from car craft, then I had to wait until the Friday 3rd October to take my vehicle to Vauxhall. Vauxhall then supplied me with a 3 door Vauxhall Corsa 1.2 (a vehicle of inadequate specification to meet my needs), as I need to carry a number of tools for my work.


The Vauxhall Dealership waited from the Friday 3rd October up until 13th or 14th of October for a response from the Car Craft site for confirmation of authorisation to repair my vehicle. This required a number of telephone calls from myself and the Vauxhall dealership. Incurring charges to myself in the form of a telephone bill.


My vehicle then returned to the Vauxhall dealership on 16th October for a replacement injector. I was supplied with a courtesy vehicle once again (a 1.2 3door Corsa) for which I have incurred charges for insuring the vehicle. The vehicle has been in the dealership, and from my understanding, it has since had a new ECU, set of injectors.


I have therefore, after over a month - almost two - of having the vehicle and not having any reasonably adequate use from this vehicle (even after paying for Road Tax, and Insurance) lost all faith in the vehicle. I believe the vehicle is not to be of adequate, salable quality at the time of sale.

Due to these problems I have:

• lost the majority of my warranty with car craft, since the vehicle has not been on the road
• been paying for a vehicle that has not been on the road
• incurred additional charges
• and lost earnings.

I would therefore respectfully request that all out of pocket expenses be returned to myself, in addition to an extension to the warranty from car craft, as a show of good will for the inconveniences incurred. Additional to this, I would expect some form of compensation for the inconveniences caused, since the vehicle was not of adequate and salable quality when the agreement was entered into.


I understand that under the above legislation, it is your responsibility to resolve the matter and would therefore ask that this is done within the next 14 days.


Yours faithfully


Wayne

========================= ========================= ==

basically the finance co was willing to terminate the agreement, but CC refused to accept the car back.... car craft claim a Courtesy car was provided... but if this was the case, why am i now using my girlfriends vehicle?... i have relied on her car for a number of "repair sessions".
The guy says i need to write to CC saying when the vehicle has been in for repair... but they have this info??? - i find this rediculous... can somebody please give me something to throw at them here.... ?
CC claim the vehicle was at MOT standard... the MOT was done FEB [i purchased SEPT]. I believe the headlamp alignment is out on the vehicle also. - which would mean a mot failure? my corsa failed an mot for a rocker cover gasket leaking oil, yet the day this went in [first occation] the gasket was replaced... would a 120 inspection not of noticed this?
---- EMAIL FROM FINANCE CO. 30/10 ----
Dear Mr P.....
I have been advised by Carcraft that they will not accept rejection of this vehicle at the present time which they have a right to do.
They advise that you should contact their service department and book the car in for an assessment. They have assured me that any faults will be repaired. If they find a major fault they will discuss this with you personally.
In order for them to consider rejection you must give them an opportunity to resolve the issues and your next step must be to advise them of your reasons including dates the vehicle has been in for repairs, detailing the faults you reported and the repairs undertaken.
It may be worthwhile in the long term considering obtaining an independent inspection of the vehicle to establish any faults there may be.
.........
You claim consequential losses by which I trust you mean loss of earnings, but as a courtesy car was supplied (I appreciate it was much smaller than the Meriva) I do not feel Carcraft will consider this loss at the current moment in time.
I must advise you that under clause 11 of the terms and conditions of your agreement with All In One Finance the vehicle must be fully comprehensively insured at all times and must once again stress that you are required to make payments as detailed in the agreement until this matter is mutually resolved. All In One Finance will continue with their normal default procedures until such a time.
Regards
Neil Hardman
Manager
Marsh Facilities Management

==== MY REPLY TO THIS =====

I AM UNWILLING TO KEEP THIS VEHICLE NOW DUE TO FAULTS! I HAVE LOST ALL FAITH IN THE VEHICLE! As informed by Trading Standards, and a recent communication with MSA, it is my right as a consumer to cancel this agreement due to the unforseen timescale of repairs. I am not happy with paying for a vehicle i am receiving no use from.

I was not provided with a courtesy car from car craft for the past two months, the vehicle has been in the garage for repairs where no vehicle has been provided. resulting in loss of earnings.

If you contact the DMC (01384 454 100) They themselves can confirm the length of time this problem has been occuring.

Yours,
Wayne P====.

---- reply to this ----
Dear Mr P.......
I appreciate that the GAP and Warranty are not with All In One Finance but as advised previously Carcraft have stated that they are unwilling to pay for these and any other expenses. They are also within their legal rights to refuse rejection of the vehicle, and reserve the right to inspect the car and resolve any faults found.
I therefore ask you once again to contact them in order for them to help you.
If you are unwilling to do this I must advise you that you MUST put in writing your reasoning for rejection the nature of the faults and the repairs you feel are required. (this may be done in writing by e-mail, by post or by fax)
I must inform you that All In One Finance can not guarantee another loan for a different vehicle and any new application will be subject to normal underwriting procedures. I must also advise you that I am concerned that you say you need to carry tools for your job, when your application claimed you worked as a driver for ‘Oriental Delights’.
I will do everything I can to assist you but contact with Carcraft must be the next step.
Neil Hardman
Manager
Marsh Facilities Management

========= i have delivered by hand to the service dept a more detailed letter [copy of finance co lettter, and my reply to this email also: =========
Dear Sir:

Once again i have had my vehicle returned into my possession... and once again it has the EML illuminating on myself. However, this time it did infact take the whole 6.7 mile journey to my house from the garage before it came on and poor engine running once again occured. This is with fresh fuel as supplied by the DMC, after they have even drained my fuel tank, and cleaned it (as far as i gather) in hopes of solving the problem.

As per your previous email:
"If you are unwilling to do this I must advise you that you MUST put in writing your reasoning for rejection the nature of the faults and the repairs you feel are required. (this may be done in writing by e-mail, by post or by fax)"

I am rejecting this vehicle.

FAULTS AS FOLLOWS:

• <LI class=EC_MsoNormal>Poor running, <LI class=EC_MsoNormal>EML coming on (from a misfire of injectors 2 and 4 origionally, then injector two and then injector 4 - unknown as to the reason for the most recent EML problem, but im guessing misfire since the car began juddering once again) <LI class=EC_MsoNormal>The vehicle stalls (often at dangerous times; on a motorway, entering round-a-bouts, etc)
• excessive fuel consumption

REASON FOR REJECTION:
The vehicle has been returned on a number of occations, each time the problem is claimed to have been solved. and each time it is evidently there when returned. After two months of owning the vehicle and having problems throughout the contract - the problem origional occuring the SAME DAY OF PURCHASE, i have lost all faith that this vehicle can be repaired satisfactory.

not being a mechanic myself, i am not sure as to what repairs are required to this vehicle. However, after discovering the origional job card, i have discovered that when the vehicle returned to the car craft service dept on the 5th of Sept, they did infact replace the rocker cover gasket due to an oil leak eminating from there... now i am no expert on this, but would this not of been identified during a 120-point safety check that car craft claim to have carried out on this vehicle?

If you would like to see a copy of all works carried out by DMC over the past couple of months I am sure they would be more than willing to provide you with a copy of their thickest jobcard on the pile.

This vehicle has given both myself and my partner excessive amounts of inconvienience, and continues to do so. I had an L reg corsa which was MOT'd until April 2009 at the point of trade in for this vehicle. This corsa presented me with very little problems compared to the problems i am presented with by a vehicle of greater value (considering i recieved a trade in value of £200 for my corsa and this car is now costing me in excess of £10,000 with interest payments).
I now rely on loaning my partners vehicle off herself, which leaves her without a vehicle to travel to and from work with, meaning she now has to use public transport (and considering she lives in the countryside - that means she has next to no transport available, and a single trip into town for work costs her £4.00 each way - furthering consequential losses - albeit not my own, even tho my own losses would be a lot greater)

Once again: Dudley Motor Company's telephone number: 01384 454 100 - should you wish to contact them.

I await your reply.

Your's
Wayne P
===== and now his reply 2nd nov =====
I have forwarded your e-mail to Carcraft Customer Services. They will advise whether or not they will accept rejection. As statedd in my previous e-mails you must advise Carcraft in writing of the problems and they will contact you.
Please note that I work on behalf of All In One Finance and therefore am not employed by Carcraft.
Neil Hardman
Manager
Marsh Facilities Management
==== my reply to this email being ====
Hi there,

Thank you for responding to my email so quickly. I was not expecting a reply until monday.

I appriciate that car craft are my suppliers, but as informed by trading standards my issue is with yourselves, and it is YOUR responsability (with yourselves being the people my agreement is with) to sort this problem out.

There are some other points i would also like to point out. My Vauxhall corsa origionally failed its MOT for a leak caused by a failed rocker cover gasket. (a £10 job to complete at Corsa Center in Birmingham). Therefore when Car Craft claim that my vehicle was of satisfactory condition to pass the MOT this was a false statement - since they infact replaced the gasket AFTER i returned the vehicle on the 5th sept. This in itself can be construde as a breach of contract on the basis of supplying goods unfit for purpose.

I also ask the question: How can car craft claim that my vehicle is of MOT standard when the MOT was issued in Feb 2008 and the vehicle has done in excess of 5000 miles from the date of this MOT. If they had infact performed an MOT safety check why was a test certificate not issued to prove this fact?

Yours

Wayne P
====
being the fact it is now sunday [even though i recieved a reply] i am waiting to hear from car craft.
my vehicle is now at DMC, where i returned it yesterday just less than an hour after collecting the vehicle.
does anyone know what the 120 point check car craft do covers? - this would be of great help to myself. my brother is a mechanic, but unfortuneately lives in barnsley, and after reading the previously posted website, i dont fancy possessing the car whilst its not fit, as this may invalidate my right to cancel the agreement, so therefore i cant get the vehicle to him to check. I have no money to pay for a check by professional means either. the reason i bought this car was i would expect CC to b a reputable company with it being so big, but i guess i was wrong, and now i have been shafted for it.

ALSO NOTE MY DETAIL ABOUT MOT FEB.
This car was MOT'd by car craft in feb, it has done over 5000 miles since the MOT and it was in the show room in august - most likely sooner. would i be right to assume somebody purchased this vehicle, had this same problem, and returned it? how could i prove this? They must keep records shouldnt they... by LAW? Do they have to provide these records to myself? - with me being the registered owner of the vehicle now.
thanks, and sorry for the rather long post.


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Dont go into anymore protracted arguments with them; just reject it, dont use it if you have it, give them 7 days to respond and then take them to court, copy all letters to finance company; if on HP they are liable to put all faults right, it is their car after all. they should back you up and not refer your back to CC. ask to cancel all agreements and ask for the refunds of all monies paid. Your rights under SOGA. Get tough!!

Hi there,

Not sure if this is useful, but, I think that Trading standards say that when an item is bought and the customer wants to return because of a fault, the customer is entitled to do so and it is the seller who has to prove the item was fit for purchase. I had dealings with C C too so my best wishes regarding this matter go out to you, very best of luck

J

IF car craft deny there being any faults, it is up to them to prove the car is of satisfactory quality and was not inherently faulty. (applies for the first 6 months only)