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BrazilianCCK

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About BrazilianCCK

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  1. Unfortunatly, it is likely that getting recompense will be an expensive and time consuming process. The bottom line is that the fault ot faults occured within the first 6 months after you bought the car, which means that the seller is liable for at least some recompense towards the repair, regardless of whether a warranty was offered or not - a warranty are rights that are in addition to your legal rights, not a replacement There are complications here in that they should have had the opportunity to fix the car themselves which it sounds like hasn't happened, but nonetheless you should still be able to get a result of some sort. The good thing in your case is that the seller and the finance company are one and the same, so the easiest way to get their attention would be to put your complaint in writing, give them a reasonble period (say 4 weeks) to sort out the problem, and if not then suggest that you will only be paying half the normal amount of finance each month until it is sorted out That carries the obvious risk that it could affect your credit record, but if you have gone to ACF it sounds like your record may not be great anyway, and at least by paying some if it comes to court you can point out that you have not been unwilling to pay, simply that you are in dispute with the seller. Others may have a different view, but that would be my suggested course
  2. The dealer has to prepare the car so primarily it is roadworthy, so the issue of cambelt etc is down to whether the advert directly refers to the cambelt being changed, or whether it says it has FULL service hsitory, which would then require it to have been changed IF it is due within the manufactirers service schedule. Otherwise it is down to you to ask the question which is what you have done. As far as the tyres go, provided they are legal at the point of sale, then the legal bases are covered.
  3. Yes, you do need to pay them for the time they have spent attempting to diagnose the fault - it's a common law contract that you chose them to work on your car, unfortunately it's not a crime to be incompetent in business, it just normally means they won't be in business very long !
  4. I very much doubt that Halfords would be willing to put that all in writing so it could be used in any potential action, so you are looking at going down the route of getting an independent engineer to do an inspection on the vehcile - your insurance company may be able to suggest someone but it's £200 - £300. As to whether it is something that the supplying dealership should have spotted is hard to say - the strictest criteria is that the vehcile must be roadworthy - you don't say what the MOT status was of the car when you bought it, but as far as practical application of the law is concerned, if it had a very recent MOT at point of sale, that covers the "rioadworthy" part. The other point is under the SOGA it must be "fit for purpose" and of "satisfactory quality" both of which are open to question here IF an independent inspection confirmed Halfords diagnosis, but you are over the 6 month limit for claims under SOGA where it is down to the seller to prove the fault was not there at the point of sale, so you would have to have good evidence that the fault was there at the point of sale and that it was this that caused the failure. Not an easy one by any means, and probably complex enough that legal advice should be sought
  5. If the work was carried out by a Hyundai dealer, get in touch with Hyundai themselves in the UK to complain
  6. This is something that you simply have to get diagnosed, take it to a VW specialist rather than a VW dealer who should be able to do the diagnostic check for less than £90
  7. The trouble with autotrader, and I am not excusing wrong information, just giving some background, is that the dealer edit system that is used to create an advert automatically produces a list of features for any given car and they can sometimes be wide of the mark, and if you are not eagle eyed when placing the advert then you get into this situation - been there, done that ! Law is 100% on your side, other than something that would be glaringly obvious on inspection, i.e. it is supposed to have a leather interior and it doesn't yet you biought it anyway What is different in the specification for the car vs the advert?
  8. Wel Jackie there is the joy of asking a qusetion on a forum - you get a wide range of potential options - all I would say is that by placing a deposit you enter into a binding contract of purchase, and as it was done face to face there is NO cooling off period - they could if they wanted to insist that you complete the whole purchase However, if they choose not to go down that route, then they can only retain reasonable costs from the deposit I would suggest that by acting reasonably and being the active party by suggesting a potential settlement you have the best chance of getting the majority of your deposit back.
  9. We use a specialist motor trade legal service and that is their advise to us that you can only retain reasonable costs - as you cancelled quickly this is minimal - if you had gone say a month and then cancelled then the reasonable costs may well have amounted to the full deposit in terms of loss of revenue, depreciation etc. I would write and offer them a £250 deduction but make it clear that you will contest this in court + expenses if they decline
  10. Oddjobbob is entirely correct in that they are only allowed to retain the proportion of the deposit that is reasonable to cover their costs - but bear in mind being a main dealer that their costs will be considerably higher (espoecially labour costs) than your local garage so I would suspect a figure of around £250.00 would be about right and that is what I would suggest when writing to them
  11. The law on this follows that for insolvency - it used to be that any car worth less than £500 was not of interest to the official receiver and hence regarded by the court as a "banger" , now it is any car worth less than £2000 - whilst it doesn't take away any of the rights written in law, the expectations of such a car by the courts should a dispute reach that stage is not alot.
  12. The manufacturers recommended cambelt change interval on that engine is 100,000 miles or 10 years, and whilst there is some anecdotal evidence of failure before then that has led to a popular belief that it should be changed at 60,000 miles or 6 years, in terms of the law the dealer has no liability for the change as it is not due yet on time or mileage - even if as Sam has pointed out it was specifically advertised as having had the cambelt changed then you don't have a problem anyway ! It is a very old engine in terms of design, though a reliable one, so won't be in terms of refinement the same as an engine of later design Also, have you continued to use the vehicle since rejecting it as if you have I'm afraid your rights to reject have been lost anyway, though I don't see that you have any reason to reject in the first place Best course of action would be to sell on I think
  13. Is it even possible to fit the pads the wrong way round ? You don't say what age the Megane is, but from memory they have locking pins that wouldn't fit the wrong way round
  14. The advice still stands - ask for a contribution, as you could argue the fact that you had to get the repair done is proof of the problem - it's a bit thin, but getting some money back is better than nothing and most dealers will accept a contribution as it means you can both move on to more important things !
  15. Nice to have someone who clearly deals with pepple on a day to day basis, and is not just a forum warrior !
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