Hi

I bought a car from a dealer back in September

I've been advised that the turbo needs replacing.

I have 1 years warranty with the car

the warranty provider is trying to claim that it is wear and tear.

I have checked the policy booklet and the turbo is NOT amongst the items not covered on the scheme I have.

My mechanic stated that the air intake was broken around the turbo area and the seal was broken in half, he stated that it looked like a botched repair previously done.

I have sent the warranty provider an email threatening legal action with my findings and am ready to take action against the dealer concerned.

I have written a threatening letter to the RAC

(the RAC are in charge of the dealer concerned) as well but I would like some advice or ideas how I can progress this matter?

Consumer Protection Act?

Cra

forget the warranty means stuff all!!

What date in September??????

Under the Consumer Rights Act, if a defect develops within the first six months then the seller is normally entitled to attempt to repair the defect and if the repair fails then they are obliged to refund or replace the item.

This is called the long-term right to reject.

However, I'm not aware that the recent legislation has abolished the basic Common Law rules of contract. Basic contract law is that if a defect emerges which is so substantial that it undermines the value of the contract then it could be said to terminate the contract anyway – and this would entitle you to reject the item and insist on a refund. This basic rule of contract law applies regardless of the age of the contract. The benefit of the rule under the CRA is simply that within six months any fault which appears is assumed to have been there from the beginning. Under ordinary contract law, you have to do a bit of proving. No assumptions can be made. However, in this case because you have found a botched repair, it is clear that that is the condition of the vehicle at the time of sale so you wouldn't have any problems at all on simply rejecting the vehicle out of hand because it seems to me that a faulty turbo is a fundamental breach of contract.

Of course the easiest way to go will be under the CRA and this is why it is important to know the date in September that you made the contract – which includes taking delivery of the vehicle.

If you are within the six months then I should write a letter immediately and said it recorded delivery as well as sending an email and tell them that as the contract was made within six months you are requiring them to repair the defect or else provide you with a refund. Warn them that if the defect is not properly repaired then you will consider that the contract is at an end and that you will be insisting on a refund.

If you are within six months then get this letter off on Monday morning without fail.

Tell us a bit more about this warranty. Was a warranty included as part of the deal or did you pay something extra for it, meaning is it an extended warranty?

Warranties as well as extended warranties are generally speaking a load of rubbish and you shouldn't be swayed by a dealer saying that it includes a warranty in order to make a decision between two various vehicles. Nowadays I have the impression that dealers make a big thing of warranties in order to disguise the fact that there are much better statutory rights available. We often have people who come here in despair because their warranty has expired and they assume that they don't have any further rights.

Nothing could be further from the truth.

By the way, I'm not sure that you have told us the name of the dealer. Are you trying to protect them? Who provided the warranty?

Also, before you get any repair done, see if you can get photographs of the botched repair. You will also need to get a statement from the mechanic who has told you that that the turbo has been poorly repaired

I made the dealer aware of the fault in November/December and he turned around and said it was caused by putting Supermarket diesel in, the fault has only truthfully been diagnosed on the 2nd March and the mechanic repaired the air intake on 5th March - I bought the car on 9th September. I've emailed the garage to send a report on it though he may have mentioned something on the repair receipt.

The warranty was bundled with the car for free.

Caused by supermarket Diesel! Brilliant! Absolutely brilliant

Of course, what the dealer isn't telling you is that Diesel is Diesel is Diesel no matter what pump it comes out of. There are no different kinds of Diesel, only different additives. But even these additives usually do exactly the same thing. Different "grades" of Diesel is a myth (different grades of petroleum accepted as there are different octane levels) perpetuated by the big fuel companies so that people buy their fuel instead of buying it from a supermarket forecourt. It's all about £££ and has nothing to do with what's in the tank.

Supermarket fuels (petrol & Diesel) are governed by exactly the same rules as "branded" fuels. Both have to meet minimum specifications in the UK (and worldwide) so for the dealer to say that supermarket Diesel is to blame for the fault, well, he's talking out of something that isn't his mouth

Was it a Diesel vehicle or could you have wrongly fuelled after purchase?

Okay, don't worry about what the dealer says about it. As you bought the fault to the attention of the seller in November/December, you may as well say that you were invoking your rights under the 2015 legislation and so you are now insisting on a repair or a refund.

If you really are not interested in having the car any more then simply say that the defect in the car is so serious that it has effectively deprived you of the benefit of the contract and so the contract is terminated and you want a refund. In that case you need to return the car to the dealer as quickly as possible, making sure that you have got photographs of it as you leave it on his forecourt so that there is no dispute about alleged damage et cetera.

I think you need to tell us what you want to do. If it happens that you would prefer to have the car repaired and frankly I would be wary of having it repaired by the seller. In that case, I would get a proper assessment of the damage and of the value of the repair. Get two quotes and then send them to the seller and tell them that you are intending to get the car repaired and you are giving him seven days to inspect it himself.

If you get the car repaired then make sure that you keep broken parts as well as a full photographic record.

It is really now up to you to tell us how you want to play it.

Caused by supermarket Diesel! Brilliant! Absolutely brilliant

 

 

Of course, what the dealer isn't telling you is that Diesel is Diesel is Diesel no matter what pump it comes out of. There are no different kinds of Diesel, only different additives. But even these additives usually do exactly the same thing. Different "grades" of Diesel is a myth (different grades of petroleum accepted as there are different octane levels) perpetuated by the big fuel companies so that people buy their fuel instead of buying it from a supermarket forecourt. It's all about £££ and has nothing to do with what's in the tank.

 

Supermarket fuels (petrol & Diesel) are governed by exactly the same rules as "branded" fuels. Both have to meet minimum specifications in the UK (and worldwide) so for the dealer to say that supermarket Diesel is to blame for the fault, well, he's talking out of something that isn't his mouth

But that’s not true is it? High grade diesels, and petrols for that matter, offered by the big brand oil companies have higher quality additives and often a higher quantity too which has been proven to improve fuel efficiency and wear... the supermarket fuels do indeed meet minimum specs, but that’s it, no more.

It wouldn’t cause a turbo to go though, that’s just silly!

There is no such thing as "high grade Diesel".

As part of my last job, now and again I found myself at the port of Avonmouth which has a massive oil terminal. Whilst most of the 'major' oil companies have storage facilities there which only service their own (road) tankers, so do the big brand supermarkets.

What do you think happens when (sea) tankers dock at the port?

These aren't carrying BP fuel, Shell Fuel or Esso fuel, they're just carrying fuel. Whichever fuel storage facility has ordered that fuel gets it. Now, let's say that that the (sea) tanker is carrying 10M litres of Diesel fuel. Esso may have ordered 3M Litres. Shell 2M, Tesco 4M and Asda 1M litres.

But it all comes off the same ship from the same tanks.

I did say that the additives were different, but the fuel itself is exactly the same.

My bad for failing to apply quotation marks.

You never saw the injection units at any oil terminal then?

You never saw the injection units at any oil terminal then?

Yes, but they are for the additives, not the fuel. And I've already said the additives are different (higher quality or whatever you want to call them).

So, with the exception of the additives, the fuel is the same, so supermarket Diesel (the Diesel itself) is no different to the Diesel you'd buy from any of the big brands.

I feel that we're saying the same thing here disgruntled, just in a slightly different way.

But we're digressing from the topic of the thread.

Agreed.

Hi again, due to personal and financial circumstances I had a car on finance but the car became unreliable with many issues.

I stopped payments to Close Brothers due to the problems and being unable to afford them and the car was repossessed.

However they got really nasty towards me and tried to restart the finance without my consent on 2 occasions (not enough money in the account and I cancelled the direct debits each time).

After a rather heated and blue language phone call to them I have decided to change my bank to a new bank and take the direct debits I want to take with me (crucially not their one).

My query is that they are saying that I am still liable to pay them even after the car has been repo'd and are they legally allowed to restart the finance without my consent? The car is (or rather was) 1 year into a 3 year agreement.

I just need factual answers so I know which way to go.

Key here is how much you have paid. How much was the finance and how much was paid... It could be key here...

Did you Surrender the car or did they repo it at their own control?

The car was worth £3500,

I paid 12 installments of £125 (about £1500) and the total finance was about £4400.

I told them to come and get the car as it had too many starting and running problems and I couldn't afford to keep repairing it.

I have also informed action fraud about it as well as they restarted the direct debits without my consent but I'm changing banks soon so they won't have any luck next time.

they did VS when yo could have done VT, the Diff being VT=50% only.

VS you pay everything owed.

now the car was faulty...why did you have to pay to repair it? not your problem!!

it was the dealers problem not yours, and under the consumer credit act, the financiers Close Brothers, are equally liable.

tell us how many months the agreement was for please?

sadly close brothers are a very close:lol: 2nd to moneybarn in the way they treat customers.

The only money they will get will be between 0% and 50% as I will be going either the IVA or debt management route. The agreement was for 3 years.

No please dont do either of those!!

Is this..

https://www.consumeractiongroup.co.uk/forum/showthread.php?485640-Car-warranty-issue

You'd paid 1\3rd they should not of repo'd as they were protected goods.

That is the warranty issue for the same car - I did email them to end the agreement beforehand as they refused to help me with repairs to the car and it was also having a negative effect on my health.

Ok well for history ive merged them..

What did you say in your email please?

Were you even aware there was vs and vt options??

I stated that they could come and collect the car as long as the finance was finished. I could no longer afford to keep the car as it just needed too much in repairs done to it.

I was not aware of the options available as they never told me and never helped me with repairs for the car and never understood that there were several other options available. This seems to prove how crooked they are and how they prey on vulnerable people who are not aware of their own rights.

i'm wondering if you can get them on either :

the car was protected goods

or

you ' stated that they could come and collect the car as long as the finance was finished'

bit we need your exact text please

eitherway there might be a chance that their actions MIGHT invalidate the agreement thus voiding it, thus you get everything you paid back and owe nothing , as well as a consummate cost today for the cars worth.

not sure..