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winder263

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  1. Thank you, I have sent the two letters by post - signed for delivery before 1pm tomorrow. We have also sent them via email too - requesting that any correspondence returned to us via email is also sent via post I expect them to push back but I will keep pushing myself. I will let you know what they come back with. Thanks for your help.
  2. Just finished drafting the warranty cancellation letter too: I appreciate this still invites email communication but we could receive a response much sooner this way, requesting they also send communications to a postal address will ensure we have physical copies too
  3. Absolutely awful, Just thinking through next steps and want to make sure I am understanding this correctly. If we cancel the warranty I can get a trusted mechanic to take a look at the car (currently earliest he can fit us in is Wednesday) he can diagnose the issue and I can then take this to Big Motoring World - but before then I must submit my letter of rejection based on the issue we have experienced despite not yet having the diagnostic - we can do this as the goods are unsatisfactory and this is our right. The plan is cancel the warranty and submit a letter of rejection based on current experience of the issue, get mechanics diagnostic report and send a follow up letter stating the issue with the car. Then see what they come back to me with. Alternatively I can send the letter to cancel the warranty now and follow up on Wednesday when the issue has been identified with my letter of rejection along with the diagnostic report. I am a little concerned that us calling the aftersales team this morning to complain about the issue may be seen as invoking the warranty - we haven't got any further than raising the issue with them, nothings booked in yet so I am hoping realistically we haven't yet invoked it. Hi BankFodder, I have drafted the below rejection letter which I will send both through email and via signed for delivery. It is based on the template you helped someone else on the forum build. Do you deem it to be suitable or is there anything I should perhaps change. I have been writing on behalf of my partner she has read the letter and is happy for me to send on her behalf. I appreciate you are not required to help me out with this but your guidance is extremely useful and really appreciated.
  4. Thanks BankFodder, Warranty seemed like a safe-bet at the time - learnt that lesson the hard way. Appreciate your quick responses. So two letters - one saying I am rejecting the car and want a refund and a second saying I am cancelling the warranty and want a refund. I will write the letters now and come back to you.
  5. Hi BankFodder, Thanks so much for responding so quickly. We paid £6k for the vehicle itself (£500 non refundable deposit the day prior to collection - although we did technically complete the sale so not sure if we might be able to get this refunded if we send the car back). We then paid a £250 buyers fee. And paid c.£500 for the 1 year extended warranty (the terms state that if a claim is not made and the policy is cancelled within 14 days then a full refund can be given - however we are nervous to cancel this if we don't have confirmation they will refund the car) £150 VAT (I assume made up of the VAT on the buyers fee and the VAT on the warranty) Also £35 road tax, a full tank of fuel (£45), and insurance for a year (c.£800) - appreciate we are unlikely to get any of this back and can cancel the insurance or transfer it to a different vehicle at a cost. Unfortunately we don't have in writing the FSH history and brake disc claim, the advert which stated it had FSH was taken down when we paid our deposit. The claim that the brake disc was fixed was purely verbal between myself and the salesman. Although I read the following on the AA website: "Dealers must also comply with the Consumer Protection from Unfair Trading Regulations (2008), which prohibit them from engaging in unfair business practices: Giving false information – either verbally, visually or in writing, for example misrepresenting the vehicle's specification or history at any time before, during or after the transaction." Hard to prove verbally I know but might be something? I will get to work writing that letter. I have seen in the other thread you have helped on that the buyer had been advised by a professional not to drive the car - obviously without the diagnostic we don't yet have that so do we just go on the basis of our experience thus far, I.e car becomes harder and harder to shift into first to the point where it just doesn't at all? Thanks.
  6. Hi all, Unfortunately, we too have encountered issues when buying a car from Big Motoring World. We saw the advert for the car on Saturday – it all looked great, good specs, FSH, MOT advisories weren't too much of a concern and so we went along on Saturday to take the car for a test drive. Test drive was all of five minutes, but it seemed to drive lovely. I asked the salesman about the advisory on the MOT on the break disc and he went away to check and said it had been repaired. We paid a £500 deposit, settled on a one-year extended warranty and arranged to collect the car the following day. Upon showing up the next day we were quickly taken to make the full payment and were told we would be able to get a hold of all the relevant service documents after when we go to sign the car out (admittedly this did raise an alarm in my head but I deemed it unlikely that such a big company were trying to pull one over on us). After paying we went to check the car out to find that not only did the car not actually have any paperwork backing up its service history, but it also didn't have a logbook or service book or anything you would expect to get when buying a car. We raised this with the team who said something along the lines of “oh that's strange but it's probably all online nowadays”. We checked the VIN on the manufacturer's website – nothing in relation to services. We rang the manufacturer who told us they only started doing this for models after 2020 (car is 2016) and so the dealer should really have the documents. The dealer managed to print a page of A4 saying when the car had been serviced and at what mileage (that's literally it, not where it was serviced or what was done on each service – although they did manage to figure out later which manufacturer garage did the last service – the garage couldn't confirm until Monday either), this is poor evidence at best not to mention it doesn't include any other work carried out on the car. According to the AA “a full service history means that a vehicle has been maintained in line with a manufacturer’s service schedule and comes with all the relevant documents as proof. It also means that any paperwork for repairs is on hand.” - they weren't. We went back and forth with the dealer who told us their prep-team may have some of the documents but they aren't open on the weekends so we would have to wait until Monday to get them – nothing as of yet (but it is still less than 24 hours later) - a manager even tried to question where I had seen the full service history claim to which I notified him it was on their website (on a now annoyingly removed ad) and was verbally confirmed to us by the salesman. At this point I asked (the now manager I was talking to) how on earth did the salesman know the MOT advisory on the brake disc had been fixed if they have no documentation to prove it. He went away and came back and said yes, our check of the car shows that the brake pads were fine when it came to us. At which point I notified him I wasn't asking about the pads I was asking about the discs which he then admitted hadn't been repaired at all. By the time we had been through all this me and my partner were exhausted and highly emotional and just decided to go – we had already paid for the car, and they weren't likely to let us unwind the sale until they had had a chance to get the documents through from the prep team. Unfortunately, that wasn't the end of it. On the way home the car drove fine until we got to our town in which you must constantly shift in and out of first gear when driving through. As we did this the car became stiffer and stiffer to shift into first, until about two minutes from home it finally refused to go into first or reverse at all. We had to ask my partners family to help us push it back to the house. We tried the car again later and at first it was fine again, but as we began to use the first gear to manoeuvre around the tight junctions on our estate the issue occurred again deeming the car essentially undrivable. We reviewed the warranty terms and conditions (which can be found on their app which you can access after you have paid for the warranty) which just seem to be a get out of jail free card for the Company. We have rung the support team this morning (i.e Monday morning - was originally told they were 24/7, they’re not) and they have told us that a booking team will be in touch within 48 hours to get the vehicle collected and looked at. I told them I absolutely do not trust their technicians as they're the ones who supposedly signed off on a 200-point check to say the car was fine in the first place and they have said I will need to take that up when the booking people call me. I want to take the car to my local mechanic who I trust will inspect it properly and not try and pull one over on me – we have already spoken to him for some advice (no inspection just a chat over the phone), he said it's a common problem with the car model but we should be aware that if we agree for the Company to carry out a repair on the car then we may lose any right to a full refund – he said the Company would push for this so to be careful. I can see the previous posts in this thread have received some great advice and so am now looking for some support as well. I am aware that we have a right to return the car as the fault occurred within 30 days and can demand a full refund. However, I am pretty sure we will need to get a diagnostics test done before we can go down this route. Do we hold off doing anything until the diagnostics report comes back. Also, do I have the right to choose which mechanic inspects my vehicle rather than letting them decide? I am guessing even if I do, they will want their own mechanic to confirm it (which I have seen hasn't always worked out well for others). I think we’re in a pretty good position regarding the Consumer Rights Act 2015. The car is unsatisfactory and not fit for purpose (although this is where I assume we will need the diagnostics report to prove it). Also I think we might be able utilise the fact that they told us the car had FSH and the brake disc had been repaired under Consumer Protection from Unfair Trading Regulations (2008) perhaps under section 6 which claims that if the dealer omits material information (here they straight up lied about it) and it causes the average consumer to make a transaction decision they would not have otherwise taken (we did as we were told it had FSH and the brake disc had been repaired). As such they are breaking the law. I can see there have been some great responses on this thread above and could now really use some support in my next steps against the Company. As much as it would be convenient to just have it fixed, we have lost all faith in the car and the dealer and really just want our money back. Apologies for the long post but I didn't wish to omit any information that could help you help us. Thanks in advance for any advice you can provide.
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