Sorry its been a while since I last updated this thread but I've receieved messages which I haven't been able to respond to given my lack of posts to date :-S. The outcome of my story was:- once the dealer received the summons he had his solicitor send me a letter and we reached an agreement where he paid for the bulk of the cost (tbh I should have held out for the whole amount but the whole drama was emotionally draining and I just wanted to move on). Lessons Learnt- Don't let these traders shirk their responsibilities, they have legal obligations which they must fulfill. Don't let the whole court thing put you off too much (I would have had to travel to Northampton each time from london- which would have made it difficult). You must also be reasonable (ie if its a small cost not worth the whole drama/effort/cost). Also a bit wiser when it comes to repairs too . Finally wanted to thank all that contributed to this thread and helped as tbh I would not have gone through with it if I didn't have the support/encouragement here and generally its made me more challenging (not just accepting it as 'tough luck') when things have turned faulty as a consumer (I often quote the SOGA!-the wife cringes everytime lol).

All, Latest Update: I've just submitted my claim via MCOL (yesterday) as I had not heard anything since my final letter however I just received a letter in the post today from the trader stating that the delay was a result in bad weather (prob true due to bad weather in UK recently). He argued that even in the event he lost the case he would counter-sue me as my part exchanged car required some work that he had to do before selling, there was slight dent to the driver side rear which was obvious at point of sale and I pointed out to him....However he also claims it required new brakes, which I'm totally unaware of and he has receipts of the work he conducted? I've got no way of proving this other than taking his word for it.....Can he counter sue?- he goes on to say that I will end up with a CCJ which will affect me purchasing a property blah blah blah He is then stating he would offer me half the price of the works if I sign a pre-prepared statement that I do not contact him if anything else is to go wrong with the car.....I am thinking of accepting on the basis the whole legal route is a headache and time consuming.....Do you think this is a reasonable offer and treat this as a lesson learnt (at least I get half of my costs back?). Thanks all for your help in this so far....

Hi all, Latest update: I've had the car repaired locally and in total its cost me around £1200! (I've kept all receipts used different garages for diagnosis/repair and kept all the old parts). The trader has been in touch suggesting that I didnt give him an opportunity to verify the fault independantly to which I argued its been almost 3 months since I bought the vehicle yet you didnt do that he also suggested that even if I went to court I would get less than half what I paid??- is this true? I've done some reading and it appears the trader can argue 'betterment' for the parts (ie new wishbone bushes/glow plug relay engine mounts) therefore do you think its reasonable if I offered to accept 75% of the total cost? (or should I accept 50%?)- I know this is subject to opinion but want to get a feel on what the average person would consider reasonable... ideally just want to get on with my life and not have this additional stress.....Even though half of me feels the trader shouldnt get away with what hes done.....but its been a stressful few months already and I've hated every moment of it.... If the trader refuses to pay (which I suspect he will) I will then send him a letter stating he has 14 days before I file for small claims action.....at this point can I charge interest on the amount claimed?-if so how do I work out how much to charge?

Hi All, I sent the trader my final letter early this week stating I will seek a repair myself and want him to reimburse the costs also if I've stated this does not take away my right to reject the car should it develop a fault. I've booked the car in BMW today for a diagnosis of the faults and it went in today. Surprisngly I get a text from the trader today (hes been reluctant to discuss over the fone or by text in the past stating he wants to do it in writing) asking for exact odometer reading? and Asking for a pic? Whats this got to with anything?? Firstly I cant do this as its in the garage and secondly should I do this? (as hes been unhelpful in the past).

Hi All, I've just had my 3rd letter from the trader who states that its down to the consumer to bring the vehicle back to the dealer and states that if I was closer he would have borrowed a truck and bought it back...Do I have to take the car to him again as he is offering to inspect (not fix)? Even though I've taken the car to him before? he then goes onto speak about how much of a good deal it was for me as he paid me £600 more for part ex of my old car against the book price (which is true) but he also had his advertised £400 above the book price, so it wasn't a bargain by any means....especially now its had all these faults.... He then talks of that he is a one man team and cannot provide the level of service I am requesting (ie to bring my car back to him)....-this maybe true but he has 15 cars for sale with the highest priced car at £15k (including a porsche) -not sure how relevant all this is.... Am I still within my rights to request this as he failed repairing the car successfully the first time? He then states if the car is unsafe to drive now its obviously a wear and tear fault and not an 'inherrent fault' as I drove it back and it had an MOT at the time.... Hes asking me to bring the car back and he will diagnose and we will sort something out between ourselves amicably (I doubt he will from how hes approached the whole affair), he states he is sending all his correspondance to consumer direct to avoid future complications and he has now given me a 2nd opportunity to bring back the vehicle......Again do I have to take back? Basically its a repitition of his previous letters and nowhere in the letter does it appear like he will repair the issues I have.....My concern is I believe this will end up in court and I dont want it to appear to the judge that I was being unreasonable (as the trader states hes now given me 2 opportunities to repair, even though his first one was not suficient), as I have been anything but and I have incurred the additional expenses with diagnostics/tracking/travel inconvenience etc.... Its been over a month and we seem to be arguing over points in the letters..... Can someone help with a response to this?- I used Bookworms letter earlier which was great...Bookworm?

Thanks Brazilian/Bookworm your help is greatly appreciated, I will respond with the letter that Bookworm suggested which sounds good. Helios- the car is a bmw 04 plate 320d m sport which had done 107k mileage.

Hi All, I've just had a response from the trader in it he claimed that I travelled the distance for the car as I knew it was good value (which is incorrect as I paid £400 over the book price on the belief it was a 'stunning' car as described by him) and also the fact he gave me a good part -ex for my old car(admittedly he did £600 more than the book price, but other traders were also offering over book price valuations for part ex for their vehicles). Is this relevant? He also stated that the car is 6 years old and has done over 100000 miles hence everything isnt as as new, which I accept, but that doesnt mean that I should have to accept his car with some faults (and these are big faults if they were small I would have have just taken the hit)?- esp as he did not disclose any? He also talks of the fact hes already spent £600 repairing already and that he spent £250 on my part ex (well so I'm led to believe- I have no way of verifying this) and states that I was happy with the car when I took it back (which is incorrect he left the car at a petrol station to collect as the garage was closing and I needed the vehicle). Finally he says he is willing to investigate the faults and discuss the findings with myself and it would be helpful if I can get something in writing to help point them in the right direction of where the faults are ( I suspect he wants me to conduct a further diagnostics at my cost-like I did before). To be frank I am sick of all this - the car is sat on my driveway undrivable and has been for almost 4 weeks and I dont trust the guy as he doesnt seem like he is willing to repair the faults and wants to 'discuss' the findings..... I want to now send him a letter to state that I am not satisfied with his response and will have the car repaired myself and sent him the bill. Am I still within my rights to ask for this? or Do I have to be seen as 'reasonable' and go back to him (200 miles away) even though I've already given him the opportunity to repair?- as he is offering to investigate? Can someone help me with my letter if I post it here (I will remove any sensitive info)?

Hi Macatac, I'm going through the same dilemma (see my thread advice/guidance bought a faulty car) I've just sent my first letter awaiting a response the dealer has stated he is going to get some advice from some 'knowledgeable' parties before he responds.....feels like delaying/stalling tactics to me, I wanted some advice about the process involved what I know is below: -send 1st letter detailing fault and what you want -send 2nd letter detailing what I intend on doing (ie get the car diagnosed and fixed at my own expense then put in a claim to recover costs including consequential losses) -put in a claim within small claims court Thats as much as I know really.... btw looks like we're not alone, theres an article within the BBC website about secondhand cars (around 32000 or something) receiving the most complaints at Consumer Direct...

Hi All, I sent my letter to the trader last wednesday by 1st class recorded delivery (08/09/10) and it still hasnt arrived (today 13/09/10....I've used the track and trace system and it states its still going through the delivery network- not sure why its taking so long...... I've noticed the trader has an email add on his website, is it ok to send via email?

I guess its a matter of interpretation of the law....but ideally dont want to follow up a route that will be dependant on how the judge views the law, I've already spent 7k and dont want to spend any more unless I absolutely have to.... I wrote to the trader today and responded to his letter and disagreed with the majority of points he had made which I put in writing. I also formally requested for a repair and consequential losses incurred as a result of the purchase. I put in the statement 'that this does not take away my right to reject the car for a full refund at a later date'- again this will only become an issue if it is taken away for repair and the issue not resolved (as happened before). I am awaiting his response but I am conscious that he will request for me to travel to him to get the car fixed (like I did before) but I have no faith in him being or his mechanics being able to diagnose (he previously asked me to get a diagnostics done and to bring the report with me) the fault let alone fix it...... I will await his reply and then decide which course of action to pursue. BTW- I would like to thank you all for your assistance so far in this and wish me luck, I will keep you updated on the progress

So regardless of the fact I drove 200 miles I still havent accepted the car?-this is contrary to what I was advised above (hence why I'm a bit confused)..... Still not sure what to do.....I want to reject but from the above comments wasnt sure if I was able to, hence why I wanted to get it repaired.... If I reject Im pretty sure he wont agree, I can't use the small claims court procedure I will have to go to court (a civil case I presume?) does anyone know what the process is for this? ie how long will it take? who to contact? approx costs?

Im conscious that if I do reject the car I would have to go to court and pay court costs etc which can be a lengthy and costly process with no guarantee of the judgement going my way....the judge could argue that I should act 'reasonably' and give the trader a further chance to repair? Also I've been advised with part exchanges it can get complicated.... At least with a repair I can reclaim the costs if need be through the small claims court (with minimal cost) and I didnt realise I could insist on using a mechanic locally? the trader in his letter stated I would have to use his mechanic as I did last time and he was doing this as a gesture of good will and then we will discuss any findings....ie he prob doesnt want to pay the cost of repair

I was advised that I couldnt reject the car and claim a refund as the trader had already carried out a repair? (on this forum my earlier post advice/guidnace bought faulty car). It was stated that I had accepted the car by the trader carrying out the repair?

whoops meant to add I wish to claim a repair and consequential losses occured as a result of the issues found within the vehicle.... The trader also argues that he fixed 6 of the 8 faults that were picked up by the initial diagnostic (which the trader had me conduct at my own expense), however these dont appear to be the root cause of the vibration issue that is still present.

Thanks Coniff, The letter he had sent was very informal and was describing the issues and what he had done and how he had spoken to consumer direct (which I too have done) etc etc, I was in the process of responding with an informal reply describing my point of view....Should I go with the formal approach from the outset ie please see below: Sale of Goods Act 1979 (as amended) On 08/08/10, I bought a BMW 320D from you for £6688 which is not of satisfactory quality. The problems are: The car swerves when driving and has little or no traction on the road Excessive Vibrating (in particular when the doors are open) I wish to claim a repair. Please respond to my complaint within 14 days from receipt of this letter. Yours faithfully

Hi All, The trader has sent me a letter with regards to the issues we've had and from his tone he seems reluctant to fix the 2 issues I have with the car (car swerving when driving and excessive vibration). He said he wil look into the issues and we can discuss where we go from there. I am concerned now having spent almost £7000 for the car I may have to foot the bill for these additional items which are expensive (hundreds of pounds) , if it was a small job I would have taken the hit.... He has stated that the bushes issue (car swerving) is a wear and tear item and he doesnt have to fix this item, hes also stated that it had an mot and was of a satisfactory condition at the point of sale. Is this true? I've only driven the car 700 miles (600 of these to and fro the trader) and owned the car a month now am I still entitled to request the trader to repair these? After paying almost £7000 I would expect the bushes to be in working condition and for the car not to swerve and last at least 6 months....The car is currently not road worthy and frankly dangerous in its current state. Please refer to my previous thread for background (Advice/Guidance Bought Faulty Car)

I am still awaiting the letter sent to me from the trader on the 03/09/10, should I await his letter (until tommorrow) and send my response? or should I write to him....I would have thought the letter should have arrived by now unless he sent it by 2nd class post?

Thanks, I just feel that traders should have a duty of care and although I guess I should have checked it out before buying but the same should apply to the trader ie they should check the service before advertising it.....like you've stated the law probably wont side with on that one..... Can someone advise if I should do as I proposed earlier ie write a letter for repairs first once they've been completed the repairs satisfactorily then write a letter for costs/expenses incurred? or should I just write the one letter and include all the costs etc? -I'm worried if I do it all in one go the trader might get a bit annoyed (I know his feelings should be the least of my concern) but I want the car fixed properly first and foremost...

Thanks, For clarification I should write a letter stating that I want my car repaired (I feel the trader will agree to this) and once the repair has been completed I then put a claim to recover the additional costs (diagnostics/travel/inconvenience) I've incurred?- btw can I claim for these? So I guess I have to take the hit of the car being bought as 'good service history' yet didnt have one even though service history adds 1000-1500 (as stated in auto express) to the value of the car

Thanks Bernie, Had I known I would not have had the first repair.....guess its a lesson learnt for myself... So I will respond to the trader and ask for reimbursments for the costs I have incurred to date and in the future and also a partial refund for the car (as stated in initial thread) as the car was not 'as described'. Do you (or anyone else) think I am entitled to the reimbursment costs I have outlined in the thread?- I feel they are reasonable....

Hi All, I wanted to seek some advice and guidance around a situation I find myself in, I recently (3 weeks ago) bought a new car worth £6700 (I part exchanged my previous car and paid £4200 in cash). After the first few days I noticed excessive vibration and various faults with the engine, I took the car for a diagnostic (which cost £50) which revealed 8 error codes on the computer. I spoke to consimer direct (and logged a call) who said I was entitled to a refund or a repair. I rang the trader who said to bring it to him (200 miles away-cost £50) he would book it in to a mechanic, the trader initially stated it would take 2 days work which ended up to 3 days which caused great incovenience to myself ( I had to take 3 buses at a cost of £20 to end up at a relatives and stayed 3 days at a relatives with no transport). On the 3rd day I was running out patience and suggested to the trader if he doesnt have my car fixed by 17.30 I would like a refund and my previous car back- I was then called by the trader and said all faults were fixed. I picked up my keys (left at a petrol station as mechanic was closing) and picked the car up at around 19.15. Within the car a note stated that the major faults were fixed and there was another issue with the car swerving when driving and the trader suggested (in writing) it was probabably a tyre or alignement issue. I drove 200 miles back at which point it was raining heavily and the car had little traction on the road and was swerving a lot and was really dangerous.... The next day I took the car for wheel alignement (£30) and had all wheels aligned the mechanic said that there appears to be some other reason for the swerving and should have it checked out. I then took it to a local garage who advised that all four bushes were worn out and that the car was not roadworthy and frankly dangerous in its current condition. To make matters worse the vibration on the car was still present. In fairness to the trader he had replaced the glow plugs and injectors like he said he would (well so I'm led to believe). At this point I didnt trust what the trader was telling me about the car so I researched the car further (ie its service history) the car came with full BMW service history with all the stamps. When I rang the BMW garages they only had two service history records for the car. The car was advertised as 'good service records' and the trader showed the service book with all the stamps, these stamps are clearly fraudulant. I spoke with the trader following this and stated I wanted a refund he again refused and said he would repair the faults and advised me to sell it on if I didnt like it.....I agreed to the repair but the day before finally had enough of the trader and asked for a refund. He stated for me to get some advice as he has done and he sent a letter to me regarding the vehicle. I spoke to consumer direct again (2 calls now raised) who said I could reject the vehicle, I am now awaiting his letter to repsond. I spoke with the trader again and quoted the SOGA 1979 and he stated the car was fit for purpose as I had driven it more than 200 miles back home. I feel absolutely gutted and depressed with the whole experience and didnt even ask the trader to refund my expenses and costs to date only for him to take this stance. I am now willing to go to court if necessary.... Ok so my questions are I believe I can reject the vehicle under the SOGA on the grounds of: - not being fit for purpose and dangerous (car swerving) - not as described (service history issue) can I reject on 2 grounds? I was advised that to try and get a full refund may prove difficult and long winded and also cost more wherby as the amount is over £5000 I would not be able to use the small claims court. I want to claim for a partial refund to include: - refund of £1250 for fraudulant service history (auto express believe F/S/H can add between 1000-1500 to the value of a car) - expenses/cost incurred to date- £150 - inconvenience cost- £300 (being without a car for so long, its currently parked up and not in use, takes 6.5 hours to drive to the trader and back-more in trafffic) - further bmw diagnotics- £100 (tbc) - There will also be further costs associated with the repair and travel/inconvenience if the trader insists on using his own mechanic. Do you think these costs are reasonable? Ideally I want my old car back and full refund but dont want the additional expenses associated with court costs/solicitor fees and the time taken for court etc although I feel I have a pretty strong case but just feel small claims court will be easier. Apologies in advance for the really long post....