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jeffo489

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Everything posted by jeffo489

  1. Yes it is. I was asked to start this issue as a new thread by BankFodder. The car was bought, the problem with the power steering noticed straight away. After spending a few weeks trying to get the insurance company to cover the repair, the car was rejected (within 30 days) under the Consumer Rights Act. As a gesture of goodwill I afforded them an opportunity to repair the damage which took over a week to complete. The car was fine for a few weeks, and has now lost power steering, making it difficult if not dangerous to drive. This morning I send a letter to the company, once again rejecting the car. I will contact my credit card provider after work and initiate a claim under section 75 of the CCA. IF they request it, I will be willing to allow them another opportunity to repair the vehicle, but they will need to agree to my terms, that it is done at a local independent dealer specialist. Clearly a used car garage are good for tyre changes, alignments, and oil changes. Power Steering was beyond their ability (it would seem)
  2. Thanks. To clarify, do I still officially qualify under the 30 day rule, even though it has NOW been nearly 2 months since we purchased the car, because I originally rejected it for this issue within the 30 days. I gave them an opportunity to rectify the problem, however I drove his car yesterday and it has NO power steering. Looking under the car, it is covered in oil, presumably power steering fluid. The demand for a courtesy car, and for another attempt at repair to be conducted by an independent mechanic, was intended as an option for the garage in place instead of demanding a full refund. I was thinking..."I now want a full refund however if you agree to these terms I will accept one further attempt at fixing the problem." I will write a letter to the dealer today and contact my credit card provider. thanks
  3. I am having trouble with a used car which I purchased on 16 October for my son. I bought the car from a large used car dealer. I paid the initial £200 deposit on Mastercard, and the balance on Debit card. We traded in a car as part of the sale. On the way home there was a noticeable hum from the engine. After 2 weeks of investigation it was diagnosed independently as a power steering pump. The car is covered by Centurion Warranties, however after another week it was confirmed the repair was £850 and the claim limit on the warranty per item was £500. I contacted the dealer, who was initially non responsive. On 15 November, 30 days after purchasing the car I issued a rejection under the Consumer Rights Act 2015. I did so via email and immediately received a call to take the car in. They had the car for 9 days. The first replacement part was faulty. There was a delay getting the second pump. They refused to provide a courtesy car during this period stating that "this is not something they do". As such we had to lend our son one of our cars or he would be unable to work. The car was returned to us at the end of November. Yesterday, my son reported a "gurgling" sound when he turned the wheel. Suspecting the system needed bleeding, I thought I could do it myself to save the 25 mile trip to the dealer. Looking under that car, it is covered in oil. I have not checked the level of power steering fluid, because the reservoir is difficult to reach, but I suspect this is leaking. Attached is a photo of the underneath of the car. Oil can be clearly seen. I am intending on returning to the dealer, however I would not want them to repair this issue as they are clearly not capable. I would like to either request a refund or an independent specialist to complete further repair at the dealers expense. Anyone know my rights at this stage? Today I drove my sons car; it has no power steering. Tomorrow I intend to deliver a letter, referring to the original rejection. It is my intention to give theme 1 further chance to rectify the problems by providing a courtesy car, and authorising work to be completed at a local Vauxhall independent. Weekday is it that I need to mention regarding getting a refund from my credit card? Is it section 75? Of what?
  4. I would like to investigate my rights before I go in guns blazing. Can someone please help? The story thus far. We purchased a Vauxhall Meriva from a dealer on 16th October. It was ex motability with less than 25,000 miles and was a good deal (initially). On driving it home it was making a strange noise; no problem we have warranty and can take it to any VAT registered garage, which we did to a local Vauxhall (independent) specialist. They diagnosed a power steering pump, which was £850 to replace. The warranty agreed to cover it but they had a maximum claim limit of £500. It took nearly a month to get to the diagnosis and realising it needed to go back to the dealer. Initially the dealer was non responsive, so after trying for a week to arrange the repair, on 15th November, I issued a notice of rejection of the vehicle by email. I received a phone call within an hour requesting we take the car in for them to look at. They then had the car for 9 days; the first power steering pump they replaced was faulty. The car went in for repair Monday November 7th, and we got it back Wednesday November 16th. They "don't offer courtesy cars" so we had to lend our son one of ours for the week (or he couldn't work). A few days ago my son told me that the steering was making a "gurgling noise". Initially thinking there was air in the system and it needed bleeding; no big deal. As it is a 25 mile drive to the dealer, near Manchester, I could avoid it and sort it myself. This morning, I looked under the car, which is covered in oil. I have not checked the power steering fluid yet, because the reservoir is quite hard to reach, but I would hazard to guess the oil on the car is power steering fluid. Attached is a photo. What can I do? My first reaction is, they failed to fully repair the fault, and I should request a full refund. The complication is we traded in a vehicle. Alternatively I would want the car looked at by the local independent, at the dealers expense.
  5. I don't know that they have actually done anything to prove themselves untrustworthy at the moment. I issued a rejection letter on the grounds of the vehicle not being as described and not being of satisfactory quality. They called me, and offered to replace the front tyres with new as promised, complete a new mot as promised. I have only just discussed the power steering pump with them and believe they will replace that. My question is can a used car dealer use used parts in completing a repair? I don't want to name them at the moment because so far they have done everything I have asked. They have not actively refused my requests.
  6. The dealer has called me. They would like an opportunity to repair the car. The cost of a power steering pump is £500 just for the part. How can I be sure they replace it with a new part as opposed to over from a wreckers?
  7. Thank you for your advice, but this comment is completely without basis. There is no way to know that anyone should "prepare for a shock". Yes; I got the power steering pump looked at independently. I did this because while diagnosing the 1 fault, they have an interest in notifying me if they find any other faults. The dealer does not have this interest. I don't think the dealer is at fault because of the power steering issue. The pump never made a noise until the week after we had the car. These things happen. The car only has 25,000 miles on it; so while perhaps the steering should not develop a fault these things happen. This is a large dealer, so clearly the salesman made one promise, and the service department didn't meet that promise. I don't think they lied to me so much as neglected to read the agreement. Frankly as long as these issues are put right, I want to keep the car. And according to the Consumer rights Act, if they refuse to repair the issues or fail to fix the problem after 1 attempt, I am still entitled to a refund. Sometimes we are TOO quick to jump to the defensive. I want a nice happy middle ground. One of the reasons why I dont want to force their hand on the refund route, is that I traded in a car against this purchase. I do not know if they still have the car, and I really do not want it back, primarily because it has a failed timing chain. (which they knew when they took it on trade in). Also the dealer is some distance away so returning the car will take time, time off work, and money, in travel expenses, and time off work. On another note...The dealer is not replying to my friendly requests to get these issues rectified, so my above statements may be flawed. Is there a template that I can use for rejecting the car under terms of the Consumer Rights Act? If I do need to do this I would rather not miss out anything pertinent. I might have spoken too quickly. I have called the dealer, and the salesman was available...until I mentioned my name. Suddenly he has stepped out. To make matters worse the power steering pump is a £900 repair, and the warranty has a £500 claim limit. I am assuming that would mean the repair has to be done at the dealership and I am not sure I trust a second hand car dealership, no matter how professional they appear, to replace a power steering pump. Do I have any rights? or is this down to a rejection of the car now? When we reject the car, we obviously need to stop using it. But we need a car? So we then need to buy another car, but I am guessing when I do that the dealer is going to fight before giving me a refund and I cant afford to pay cash for another car. How does that work? Thanks
  8. Ok. Thanks. One last thing to check. According to the consumer rights act, I can reject the goods as not being as described in the first 30 days. However, if I don't do it within the first 30 days...ie. later this week. isn't the only change that I must give them 1 chance to repair or rectify the situation? As rectifying the situation is what I want, does the 30 day limit matter? Is there a template form for the Consumer Rights Act? THanks
  9. Thanks. But presumably I have until tomorrow to send this information? Is sending an email not proof enough of exerting my rights? I was hoping to contact them today, and get agreement via email that they would rectify these issues willingly. I would obviously like to do this amicably without formally rejecting the vehicle, as we don't want to reject the car; we like the car.
  10. 16th October, I purchased a car for my son. The sales contract, which copy was sent to me by email from the dealer, states that the dealer will complete an MOT and put 2 new tyres on the front of the car. The car has developed a fault with the Power steering pump. We are getting this looked at by an independent specialist, and (should be) covered under the terms of the warranty which is with Centurion Warranties. My son doesn't live with us. Last week he mentioned that the car needs new front tyres. I had a look and sure enough. I then checked the Tax and MOT status online to find out it was not given a 12 month MOT as promised (in writing). Upon contacting the dealer, I was informed that they would complete the MOT and if it were to fail on the tyres they would put 2 part worn tyres on the car. I have subsequently pointed out that this was not what was agreed and I would gladly send copy of the sales contract. We have had the car 30 days from tomorrow. What options do I have? What acts do I need to quote? I paid for the car with Debit Card. I paid a £100 deposit by Credit Card.
  11. Thank you for the replies. I actually completely forgot I had posted this.... ...After emailing the manager and david.knight I was called by the manager who stated that they would agree to cancel the contract but would hold my deposit for 6 weeks to allow us to select another suitable furniture. I agreed however I have no desire to make another purchase from a company that needs to employ such heavy tactics, so I waited 6 weeks and then requested my deposit refunded...which was a few days ago. The manager replied again however stated that it was never agreed they would return my deposit. Instead they will keep it as a cancellation fee. I replied "I DONT THINK SO", and explained that the contract was never binding because it wasn't fully signed. I stated that they could return my money or I would simply go to my credit card provider for a charge back. I copied the david.knight address. The manager then called me, and although insisting HIS copy of the contract was fully signed, as a gesture of goodwill they would refund my money. I didn't argue about him clearly signing the contract AFTER the event because at the end of the day I WAS GETTING MY REFUND, and would NEVER SET FOOT IN AN SCS AGAIN. I have now received my refund and can only hope all of these furniture companies who operate with draconian T&Cs will eventually go out of business. If you have to strong-arm people into purchasing your products and then refuse to permit them to any sort of cancellation rights you do not deserve to be in business. Thanks everyone.
  12. On boxing day, my wife and I ordered a sofa from SCS. We were told that the prices where only available on the day, and we would never get a better deal. We settled on a couch and placed an order. The next day we realised that the couch we ordered would not fit our house. The size was ok, but the carpets and curtains would clash. We decided to cancel and take more time to make a decision. After a couple of days to consider our options, yesterday I emailed SCS and requested cancellation, on grounds that we were not given an opportunity to study the terms and conditions of sale prior to signing. The front of the contract DOES state that "we do not accept cancellation of orders but customers may alter their order within 7 days." The reverse of the contract, is printed extremely lightly, and requires a magnifying glass to read. However one of the terms states "This is a legally binding contract once signed by the customer and a sales representative of SCS". My copy of the contract is NOT signed by anyone from SCS, so presumably this is not a legally binding contract by their own terms? I have just received a call from the Sales Manager at the store saying that I cannot cancel my order. He has offered to let us choose any other piece of furniture from their store to change the order, but is refusing to let me cancel. Can he do that? The furniture cost £2900. I paid £600 deposit on credit card, with the balance due 48 hours prior to delivery. Thanks
  13. I paid a deposit of 20% on credit card. The front of the contract states "We do not accept cancellation of orders, although you may amend your order up to 7 days after placing it with us." So presumably I could alter my order to purchase something up to the 20% already paid and limit the "loss". On the reverse of the "Customer Sales Document" it states "These terms and conditions shall become binding between you and us when the order is signed by you and by one of our SCS sales representatives on behalf of us at which point a legally binding contract shall exist between us." However there is no signature from the sales person, on the contract.
  14. I have not enquired in the store yet. I wanted to be aware of my rights before I go and have a friendly conversation with them.
  15. I am also concerned because I was sold the extended warranty, and was made several promises about it. However I was given no documentation on the warranty product and therefore am unable to validate the claims that I can call them out as often as I like to have any stains or marks that may be caused by my dog or children removed.
  16. I NEVER get taken in by these things, except on this occasion. Went into a well known furniture store on boxing day, just to "look around", and succumbed to the boxing day (today only) sales pitch, and signed an agreement for some furniture. In the cold light of day, we have changed our mind...we need more time to shop around and make sure we have picked the right furniture. I appreciate that these contracts are marked that they cannot be cancelled. However, there is a clause on the reverse of the contract that states "this contract is a legally binding contract once it is signed by the customer and a sales representative of the company"...I signed it, but the sales representative did not. In fact there is no location on the contract for their signature. Can I therefore request cancellation of the contract and request a refund as it was never signed?
  17. Hi. So the story goes... In May I was in Derbyshire and got flashed by a speed camera van. Shortly after I moved and forgot to change my address on my licence for a few weeks. In the mean time they sent a letter to my old address. Eventually I got a letter to my new address, but it was after 30 days from the offence. I replied. They responded that they had issued the notice to the registered address in time. fair enough. On the trip in question, my wife and I swapped drivers a few times. I asked for evidence to identify the driver. I received the photo (from the rear of the car), and was not able to see who is driving. I then requested advice from the police, and told them that I was not trying to avoid punishment, but we were unsure of who was driving. I even offered to take the blame as the registered owner of the car. They replied that my case would be passed to the criminal justice department for consideration of prosecution for failing to identify the driver. I have now received a summons for court at the end of November. I cannot attend, because of work commitments. One of the options on the forms is to plead guilty by post; Should I do this for the speeding charge? even though I can not say with 100% certainty that I was driving. I do however want to plead not guilty to the failing to identify the driver charge; especially since I TRIED to enter into dialogue with the Derbyshire police to reach a conclusion. Is there any point in replying to them via email? or should I just return the forms and enter my plea? Any constructive advice is most appreciated.
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