Problem with Auto transmission after 30 minutes!

[Rippedoff2008]

Hi all. Some advice from you if possible...

I recently collected (12th May) a 7 year old British 4x4. It is the top model type and after a test drive agreed a price on my trade in, finance etc.

After 30 minutes on the way home, asking for top gear it was almost as if the clutch slipped before engaging. The closer I got to home the worse it got. I rung the garage when I got back told them of the problem. They told me it needed to 'dry out from being prepared' (rubbish) I also told them then that the spare key didnt work.

The next morning I went to drive it and put a CD in. (It has a 6 changer under the seat) The CD magazine was missing. To cut a long story short in the afternoon I lost top two gears completely couldnt do more than 40mph. I rung them and told them to come and get it. I was told to ring the breakdown service and 'lay it on thick' which I duly did. I waited around the next day as they said they'd sought me a courtesy car in the morning. At 10am I rung them and they said 'oh it will be this aftenoon' So I went about my day. They took the car (with some personal items in) and left me a small Ford.

I did a total of 60 miles.

I didnt hear anything until Monday 18th when I was told it would be a few more days. It sent had been sent away for repair. Wednesday 20th the salesman rung me saying sorry, and my car had been sent away for 'investigation'. He would call me back. He didnt.

Today 26th May I rung again. My car had been sent to a specialist transmission repairers. I asked what the exact problem was and told an internal gearbox fault. I asked if it was the torque converter or rear diff as they have a tendancy to go on these. No just the bands that control the clutch. I dont know where my car is and I dont know EXACTLY what is wrong with it!!

I asked to put back my first finance payment as I wasnt happy have been told not possible. I enquired about an exchange vehicle but told not to worry it'll be repaired.

This is an 'Approved Used' vehicle from a franchised dealership which are about 40 miles from me. They offer a 3 month £3000 waranty with the car and a 30 day exchange. When I get the car back at the end of next week (apparently) that'll be up. They would have had the car back for 4 weeks I think it needs the transmission replaced, but seems that wont happen.

Could I reject it now or postpone the first payment legally? Should I ask fo a decent warranty on the repair? They just seem lax in communication.

Any advice gratefully received.

[raydetinu]

It is up to you wether to accept a repair or reject it and ask for money back.
You need to write to the dealer detailing fault and reject car etc. under soga, also send copy to FCo, as it is their vehicle also. they can and should put pressure on dealer to sort out.

[Rippedoff2008]

Thanks Raydetinu. I will reject it as I cannot trust repair to gearbox bands...

Could you just look over this letter and let me know if this is ok???

Dear Sir,

I purchased the above 'Approved Used' Freelander Td4 ES from you on 12th May 2009 from your dealership. I wanted to have a Freelander for its reliability, longevity and sturdiness. I could not justify the expense of a newer vehicle or the Discovery. It was a 2002 with 64900 miles on the clock.

I test drove the car on 2nd May 2009 for about 3 miles, from your dealership to a turn round area and back again. I was not able to do a longer drive including much town work. As a result the car did not show its fault.

A part exchange price was agreed for my vehicle, an 08 registered **** and I delivered the vehicle to you on 12th. I have taken out finance with you for 3 1/2 years.

On my way home within 30 minutes of collecting the vehicle I noticed that it was slipping when trying to change into top gear. The longer I travelled the worse it got. When I got back to work in ******* it was really over revving into top gear.

I rung your salesman ****** ***** who put me through to your service department where I was told that the car had just been prepared for sale and was 'probably damp' I was to let it dry out and leave it for a week before calling again. I also mentioned that the spare key provided with the car did not work.

That evening my partner and I went into ******* where on the dual carriageway I was unable to keep the car above 50mph as it kept slipping out of top gear.

On the 13th May at approx 10am I went to drive the car from my home in ***** to *****. I found out then that the car did not have the CD magazine under the seat as advertised. I have made your service department aware. On the way back from ****** on a dual carriageway again the car lost the top two gears. Now I was unable to keep the car above 45mph. It struggled to get over a humpback bridge. The hill descent control warning light came on and the odometer showed an F4 fault code.

I rung your service desk and asked that someone came to collect the car as it wasnt safe to drive from ******* to *********. I was told to ring the breakdown number and 'lay it on thick that the car was dangerous to drive'. I wanted a courtesy car and one was unavailable until the next morning. Your service desk would ring me the next morning and arrange the changeover.

On the 14th May I waited until 10am before ringing your dealership again and being told it would be that afternoon before my car was collected. I left my keys under the drivers wheel as requested and went on with my day.

The car was taken and replaced with a Ford Fiesta.

I didnt hear anything until Monday 18th when I was called and told my car would be a few more days. On Wednesday 20th May the salesman ****** ****** rung and asked me to confirm my sort code and account number as it had been taken down wrongly for the direct debit for the finance company. He said he would find out what was going on and call me back, but I didnt hear anything from him. On Monday 18th May I was told it had been sent away for repair, I asked if the gearbox was being replaced and I was told yes. On the Wednesday 20th May I was told the car had been sent away for investigation only.

On Tuesday 26th May I rung again asking what was going on as I hadnt heard anything. I was called back some time later saying that the car had been sent away to a specialist repair centre as there was an internal fault in the gearbox. I asked exactly what this problem was to be told it was the bands which were going to be replaced. This I was surprised at as I had been led to believe that the gearbox was being replaced.

I am frustrated that I now have a finance commitment for a vehicle that to my mind was not fit for purpose upon leaving your premises. I thought that buying an Approved Used car would have been checked thoroughly and that a major component such as the gearbox would be sound. I understand that I may not get the car back until at least 5th June. This leaves me right at the end of your 30 day exchange warranty. I am also not happy of accepting a vehicle with such a major fault with a repair which will only be warranted for another two months.

I reject this vehicle and I request now that the vehicle be exchanged for another. I have personal effects in the car, 2 cd's in the drivers glovebox and a pair of sunglasses which I would like returned to me.

I look forward to your comments

Yours faithfully

Rippedoff2008

Any good? I am going to email it initially then back up with recorded delivery. Any changes or suggestions gratefully recived

[Conniff]

I don't think you need to go into so much detail, that's a bit like a story.

Tell them you are be rejecting the car under The Sale of Goods Act 1979 and requesting a full refund as you have enjoyed no benefit.

Chronologically list all the faults with the car and give them 7 days to respond.

Copy all letters to the finance company and send them by recorded delivery, keeping a copy for yourself of course.

Do you have an advertisement for the car and if so does it mention that it has a cd changer? if so then that is also a misdescription and can be added to your letter.

P.S. As this is a franchised dealer, you could copy the letter to the franchise director as well, making a note at the very bottom of the letter - Copy to xxx finance company and xxx franchise director.

[Rippedoff2008]

Thanks Conniff

Have sent all abbreviated letters to Finance company and to dealer. I sent back the spare keys also. As I have the log book thats going back now.

Should I send that to DVLA or back to the dealer?

Dealer called me today and denied that the car was not fit for purpose and I could exchange it for a higher value car! They would investigate a longer warranty. I stuck to my guns and said that the car had the fault on their forecourt and had I known it was faulty I wouldnt have bought it!! He got a little waspy at that point. Anyway got into an impasse so no doubt they'll try to sue me... Have written to the finance company and cancelled direct debit.

I have given them 7 days to send my bits back. I hate confrontation like this.

[Conniff]

We all hate confrontation and in most cases there is no need for it.

Only send the bit of the V5 he is entitled to and the remainder properly filled in to the DVLC.

At the end of the 7 days, (not including the weekend), if it hasn't been resolved then you can send him a Letter Before Action.

Have a think about this before you go that far. You could well come off a lot better by considering his offer of a better car for the same price.
Ask him what he is offering.
If you do, then take it for a nice long test drive, (even puting in petrol if required), and try to have an experienced mechanic take a look at it before agreeing anything.

The consideration of taking another car will not stop your right to reject.

[Rippedoff2008]

Ah here is the catch!

I can only have an exchange if they buy the car off me for what I paid for it and I buy another car which is more expensive, so putting me in more debt, bearing in mind the next cheapest car they have is about 15k!

My part ex was in 'negative equity' if you like of about £900. I paid £500 when I picked up the car and the remainder is financed. I had to pay for a years RFL @ £215.00. I put £30 of diesel in the Freelander the day I collected (which I havent used) and about £100 of petrol/diesel in the two courtesy cars I've had. I'm hoping to offset this against what I owe.

I am not after financial recompense from the garage, just get my personal items back and thats that. Although as we know these things are never that simple!!

[Rippedoff2008]

Quick update! Have just had items returned by dealer who are on their way to collect their courtesy car. It would seem that maybe the return has been accepted by the dealer at least. It remains to be seen by the finance company!

[Conniff]

It's not up to the finance company to agree with a rejection, that is between the buyer and seller.
Upon rejection the finance will be cancelled.

[Rippedoff2008]

An update.

Further to your last Coniff - you would think so!

I have just had a threatening phone call from the finance company saying I've missed 2 payments and its 3 strikes and you're out! Apparently already affecting my credit rating. I told the (small man) to contact the dealer - No! he said thats your responsibility to do that.

I'm flabbergasted as the only letter I have from them is first payment to be 20th June (picked up car 12th May sent back 14th) I know not of any other payments. I sent them a recorded letter saying that I had rejected it etc.

I dont want my record to be blemished by this!!! I'm flippin angry!!

[Conniff]

Did you hand back the keys and logbook.
Has the dealer accepted the car back?
It could just be sitting in the dealers carpark doing nothing. If they have not accepted the rejection, they will not have told the finance house and the finance will still be running.

Unless you already have paperwork, you need to contact the dealer to see what is going on.

Presumably you put down a deposit on the car, what has happened to that?

If it was a hire purchase scheme, then the car is owned by the finance company and they are joint as well as severaly liable, so you could turn this back on them.

[Rippedoff2008]

Have been away - thanks for your reply.

The car was accepted back by the dealer and I have a letter from them on 12th June saying 'As agreed I shall clear the finance off fo you so nothing is outstanding'. They have keys DVLA had logbook so I was removed from the register, had acknowledgement from them.

I have had three letters from the finance company on 22nd June one says I owe x amount, one saying that I am two months outstanding and one froma nother dept saying sorry we havent got back to you about your complaint etc etc.

I have rung the sales manager twice he hasnt returned my calls.

Time to get tough? Monies are all sorted out as far as I'm concerned, I'm not however preapred to accpt threatening phone calls or defualts on my credit file!

The vehicle is re advertised for sale!

[Conniff]

Is this a small dealer, is it likely that he doesn't have the working funds to repay the finance house until he has resold the car? Not that that is any concern of yours.
Send a copy of his acknowledgement and a copy of the DVLA acknowledgement to the finance company stating you want to hear nothing further from them as your responsibility has ceased.

What about the part exchange (if there was one), or the deposit, how are you being reimbursed that?

P.S. Is your avatar a cat with a mask or a frog that's eaten a cat

[Rippedoff2008]

This is a franchised land rover dealer!

The part ex has gone and I have paid my negative equity that I had with it. There was no deposit as I paid £500 toward cleaing the negative equity.

I will copy the letters you suggest to the finance company today. Thanks

My avatar is cat in a frog suit!!