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Chuffnut

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  1. You can take them to the small claims court if you wanted. You’d have to list out all of the costs you incurred, what you have done to mitigate these costs (for example if you’re claiming for a taxi receipt you need to demonstrate you couldn’t take the bus) and then file a money claim. Ask yourself if this is worth the aggravation. If it is, go for it.
  2. Well, given the fact the dealer claims his contract is with the broker and the broker have referred this (eventually) to the finance company themselves, it’s probable the OP’s contract is with the finance company. If that’s the case I think his best recourse is with Jaguar, especially if they are paying all the repairs on this issue out of goodwill, as someone mentioned above.
  3. Well, when I bought a car on finance, my receipt/invoice was made out to the finance company, as it was them who were buying the car and HP’ng to me. In other words, my contract was with the finance company and not the dealer. It was the dealer who was the 3rd party as such, facilitating the finance, until settled by me, when I then owned the car. Well, that’s how I saw it.
  4. I think this is where the confusion is arising. Because the dealer sold the car to the finance company, that is a business to business transaction, the CRA is redundant in that transaction. I think the OP has a contract with the finance company, oodle. It’s oodles responsibility to the op to provide a car that meets the criteria under the CRA. The burden of responsibility rests with the op to prove to oodle the fault was inherent at the point of sale. Which will be impossible i’d say. Unless i’m mistaken, the contract is with oodle, not the dealer.
  5. “Local garage does a free check and finds lots of things to replace on a 15 year old car” I’d be amazed if there WASN’T anything wrong with a fifteen year old Range Rover. The car lost all power and leaked water and you was told the battery had gone? Who was the breakdown driver, Stevie Wonder? Most of the items on that list are “nice to haves” stuff like cold air conditioning and working window regulators and it’s possible that items like brake pipes and pads would pass an MOT (but show up as an advisory) so how much of that deems the car unroadworthy would be subjective. I’d be more interested in the loss of power and water leaking than thin brake pads and pitted discs. You’d have a stronger case with the cause of needing a recovery truck rather than what a local garage would like to charge you a small fortune to replace (that might not need replacing) With respect, surely you knew what you was getting yourself into, buying a 15 year old car for approximately a twentieth of its original value. Anyway, what was the cause of the breakdown initially? Batteries don’t cause a sudden loss of power and water leaks!
  6. The lease company are claiming you have to get the cosmetic repairs done with them? That sounds like a load of rubbish, your contract is to return the car on a certain date in a certain condition. What happens in that period with regards to damage and repair I would have thought is your business. If the lease expires and the car is still in for repair, and the lease company are aware of this, and the dealers are stating it cannot be taken away, common sense says you have nothing else to do here. You can't. If you insist on taking the car and it blows up the dealer will palm you off and the lease company will want you to get the repairs done. I think you should be getting a refund for the overpayment of the mileage you have paid for. You haven't used it so why should you pay for it?
  7. As I say, the symptoms of power loss/juddering could be many things, it may not be the same fault and may be something simple to fix, which would be nice! What did the garage fix, or claim to?
  8. "The advisories were gone but the problems were still there" This suggests that the source of the problems were not related to the advisories perhaps. In any case, we could talk for days about mechanical issues and whatever, it's probably irrelevant. I'd say if you have a genuine issue with the gearbox, that would be enough to cement a claim that the vehicle is not of satisfactory quality. It wouldn't harm to list other issues I suppose but a few of them are not really issues and just signs of use on a used car.
  9. Interesting thread. Am I reading this correctly, it was around a month from when the car was fixed, to when you sent the request for a refund? How many miles were driven in that period? Just wondering if this is actually the same fault, juddering and loss of power could be all sorts of things, speaking from a mechanical point of view.
  10. Crappy situation for you, sorry to hear about it. A lot of items on that list are not really faults, they are signs of wear on a 12 year old car. Brake disc pitting, cracked rim, exhaust brackets broken etc. You've bought a used car so you can't expect it all to be mint. You should focus on the things that made the car dangerous, or unroadworthy in my opinion. The gearbox issue for example, it's not had it's oil changed and it's slipping, you say? Well that shouldn't be happening on a car with that mileage. One thing I would say is that an MOT is done and a car passed or failed at that point in time. So it's all well and good an indy garage looking at a car and saying "yeah this shouldn't have passed an MOT" but he's looking the car three months later, it's not the MOT testers job to predict the future but to report on what he sees at the time and by what you say, he pulled up a load of advisories so I'd say he's done his job properly. On balance, the car isn't really of satisfactory quality, given the miles, price paid so I'd stick to the items that make it so (don't mention part worn brake discs etc, it just makes you look unreasonable, it's a used car) and issue an LBA. That may light a spark under the dealers a*se and get you some action.
  11. In future, it's worth remembering (and noting for anyone else reading the thread) that if a car dealer pushes you for a deposit, they see it as a sign of commitment. To avoid situations like this, either leave a deposit as a sign of commitment you are entering a contract (whether you are or not) or, don't leave a deposit. Certainly don't leave one believing you are reserving something to stop other people buying it and that you can easily change your mind and get your money back easily from car dealers. They will push back hard on you. Rightly or wrongly, it's an avoidable situation.
  12. I know this is difficult as you're probably worried but isn't it best to wait and see the outcome of the dealers actions first, rather than invent every scenario in your head and try and get a course of action for every single one? If you liked, you could reject the car for a refund as you have given the dealer one shot (well two actually) to repair the issue and they haven't. So perhaps you might consider doing that. Be prepared for the dealer to make a deduction from a refund as is their right to do.
  13. I'm sure others will be along to advise again soon but what are you waiting for? Have you followed BF's advice and send a LBA? Are you prepared to take this mob to court? You're being fobbed off and f*cked around in my eyes. The financial ombusdman is worthless in this situation in my opinion. You have been sold something that is mis-described. Take them to court and get your money back.
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