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  1. Hi i bought a very expensive watch from an online retailer couple of months ago and paid for it using V12 retails finance. 1 The watch was dispatched by them on the 19th of October 2018 however I received it after a failed delivery attempt on 24th October 2018. 2 After receiving the the watch I went on holiday for a few weeks and left the watch behind, I think it is at this point the watch stopped working or immediately before I came back. 3 On the 21st of November 2018 I notified the retailer that the product has become fault as its stopped working. 4 They advised me that since its outside the 30 days return period I am not entitled to a refund. 5 I argued that I took delivery of the watch on the 24th October 2018 therefore as far as I am concerned it still within my right to reject in 30 days. 6 Moving forward I lodged a S75 with V12 Finance and they started investigating once the claim was lodged I sent the Watch back to their return address to which they have not sent any confirmation but I used Special Delivery so i have proof it was signed for them 7 V12 finance advised me they have received the watch and that they have sent it to Switzerland to be inspected. And they have also confirmed that once they have inspected the watch and IF and only IF there is a manufacturing defect will they refund. 8 V12 Finance have advised that the watch has sign of wear to which I replied of course it would as I was wearing it and had intentions of keeping it. Now my point is if its the battery that failed within the 30 days will it be classed as manufacturing defect or simply not as satisfactory for a reasonable individual to expect. Also the fact that I have had bad experience with this brand I simply do not want the watch any more. What options do I have or am I stuck with this watch?
  2. Sorry its long just want to include all the details. On the 17th March I bought a 1.6 16v petrol Citroen Xsara Picasso 77k on clock from Trade Cars of Cleckheaton http://www.tradecarscleckheaton.co.uk/ for £1200 paying £700 cash and £500 on a debit card. On viewing the car when I first started it the car gave off quite a bit of smoke for about the first 30 seconds which cleared, the garage staff said, "it will be just condensation as its been standing for while". I test drove it and it drove ok apart from a front anti-roll bar needing replacing which I agreed to do so I bought it for £90 off the price. I didn't notice it giving smoke on first starting for first couple of days then when I did I monitored it for a few days and it was smoking quite heavily for about the first 30 seconds which then clears, and there was oil on the drive. I have monitored the oil level and it hasn't gone down. The oil leak was Power steering fluid coming from the steering rack. From Googleing the symptoms of the smoking I diagnosed it to be the valve stem oil seals, which when I got round to taking it to my mates garage he agreed and confirmed, he estimated about £650 to do the oil seals on that engine model, we didn't even discuss the steering fluid leak. He suggested trying some Oil Leak Stop fluid stating "it tends to either work or it doesn't with no inbetween" the can said it can take 200 miles to have its full effect. It was Thursday 30th March when I got round to contacting the garage after giving the fluid a chance (it didn't work). They insisted I contact Warranty wise and try and claim on the warranty, I told them they would not pay out but they still insisted so I submitted a repair request that was declined by Warranty Wise, the garage said they would now take it up with them and should get it through. This toing and froing took until Monday 3rd April when Warranty Wise offered me a goodwill gesture of £150 as they say the repair is not covered on the warranty I have been given by Trade Cars. At this point I emailed Trade Cars last night at 10pm stating I want to return the car in the morning for a refund due to it being of unsatisfactory quality and quoted the Consumer Rights Act 2015. I received an almost instant reply at the top in block capitals it said WITHOUT PREDUDICE, then : Dear Mr Leonard Thank you for your email. I will forward this to our legal advisor who will be in contact with you shortly. In the mean time we can not accept the return of your vehicle and suggest you await this response first of all. I telephoned them today asking when I can bring it back and the woman I have been speaking to said "we can't just take it back there's a process we have to go through our legal advisor should contact you shortly. One thing I am a little concerned about now is that when buying the car I was signing all sorts of stuff and counting money with a woman when a man came in and gave her a sheet which she asked me to sign and gave me a copy which I did not paying it much attention at the time it was a pre-delivery inspection sheet. Now the sh**s hitting the proverbial fan I have looked at it and most of the car is marked x for unsatisfactory, so much so it wouldn't get far at all if these items all had problems. I am beginning to get really annoyed about it and am thinking of taking it down there tomorrow and blocking the entrance to their lot with it until I get some satisfaction. Any advice appreciated thanks
  3. It seems that some people may misunderstand their rights under the Consumer Rights Act 2015 and may be subsequently losing out so hopefully this post may be of some help. Briefly as per Consumer Rights Act 2015 section 22 if you purchase for instance a new or second hand motor vehicle from a trader and within the first 30 days, a fault occurs, you have the right to reject it without giving the dealer an opportunity to do a repair. If you do give the trader the opportunity to repair, then there is a waiting period. In effect from the time you notify the dealer of the fault until the time the vehicle is repaired to the satisfaction of both parties, the clock stops ticking. If the dealer has the vehicle for 6 months or more the clock does not move forward. Therefore if the fault is rectified and the clock starts again and another fault occurs you are still within your rights to reject the vehicle as you are still within the 30 day short term rejection period as per clause 8 of section 22. If the vehicle develops a fault after the 30 day short term period and within 6 months of purchase then under section 19 clause 14 you have the right to request a repair, replacement or refund however you have to give the dealer one opportunity to repair. If this repair fails then you still have the opportunity to request a replacement or reject the vehicle and obtain a full refund depending on the mileage done by the vehicle. For removal of doubt, the legislation states; For the purposes of subsections (3)(b) and © and (4), goods which do not conform to the contract at any time within the period of six months beginning with the day on which the goods were delivered to the consumer must be taken not to have conformed to it on that day. If a repair is done then the waiting period kicks in until the repair is done to the satisfaction of both parties. It then restarts and the repair itself can have a 6 month period form the date that both parties found it to be satisfactory. If another fault occurs and the vehicle is still within the 6 month period, the waiting period kicks in again until such time as the repair has been done to the satisfaction of both parties. In effect several months down the line you still have the opportunity for a repair, replacement or rejection. I have hopefully highlighted some of the benefits to the consumer if the CRA 2015 is used correctly. Obviously the above is only a brief outline, but hopefully will go some way towards helping people who have made a purchase and the dealer is ignoring the CRA 2015. By ignoring the CRA 2015 the dealership cna be found to be in contempt and have criminal charges imposed against them. The Consumer Rights Act 2015 is a very powerful piece of legislation and is very beneficial to the consumer.
  4. Hello, I will keep it short. I bought a TV from JL in May 2018 I noticed a possible fault and have video evidence with dates etc so confirm it was within the 30 days and six months, I made a silly error of trying to put up with it as wasnt sure if it was a fault or that it was a characteristic of LCD TV's (I had a plasma) only down the line nearly six months later I am to find it was a faulty panel and a new panel for my TV was needed. I understand under the Consumer rights after 30 days but before six months I have to give the retailer a chance to repair if they think that is the best way forward (I asked for a refund/replacement first, they said no) an engineer confirmed it was faulty and a new panel was supplied by Panasonic and the repair at my home was to happen today. After an hour of stripping the TV down and the new panel fitted it was put back together and powered up but only to find that the new panel was smashed so you can imagine how annoyed myself and the engineer was. The TV has been taken away to be repaired in the workshop. I contacted JL and rejected the goods as unfit and the fact they have had one chance of repair which was unsuccessful. They replied that the TV will go ahead and will be repaired and returned to me and I would get a small compensation. I said no I am rejecting it but they insist that because it wasnt actually fully put back together (back panel was still off) and tested that it isnt classed as a unsuccessful repair. So what do you think, am I right or are they right? they are now waiting for a Martin Dawes report. I have sent a letter of rejection. I paid using paypal and £100 JL voucher. My mistake and I know I am kicking myself was not to do this within the first 30 days but I have my reasons. thanks ​ Fuming even more now. The engineer JL used, Martin Dawes have just rang to tell me they have put the old panel back in and say its within spec. it certainly isnt, this is the same engineers who stated it had a faulty panel in the first place and agreed with my complaints about banding, pixelation etc. I did notice when the engineer was moving the new panel on the trestle they use he bent it downwards but though nothing of it, maybe he had broken it and or Panasonic wont replace it so looking for an easy way out or JL have had a word.
  5. Hi Folks, Looking for a little bit of help. I recently purchased a VW scrioco from a dealership. Good ratings in fact 5* across the board. Car was £7500, 2010 model, 56000 Miles. Got the car home on the Sunday (20 mile drive), Went to work on Monday and saw an oil patch on the floor. Contacted the garage about this issue and told to clean the skid on the bottom of the car as it may have pooled from the recent oil change. Did this then about 5 days later it was still happening. At the same time i also noticed that the coolant was leaking whilst the car hand been driven all weekend. Filled the coolant up 2 times and all drained out. Went to start the car to head into the garage to let them run a diagnostics report and the car battery was dead and wouldn't turn over. Told the garage via email and phone that i would like to reject the car under the CRA 2015 as within the 30 days. The dealership have rejected this as they believe its wear and tear. and wouldn't used a mediator to sort the problem out, in fact they wouldn't put anything in writing. The car is currently with them for a diagnostics report. Looking for a bit of advice as my next step, and what to do really as i believe these problems deem the car of unsatisfactory quality and also not fit for purpose. Any help would be greatly appreciated.
  6. Good morning, I am looking for some advice. I purchased a car from a dealership on Thursday. On test deive all seemed well. When I paid and signed for car they then told me the car had no MOT. I waited for 4 hours with my 2 year old son which was stressful to say the least. I got home with the car and noticed a few functions did not work. The heated seats, sat nav and mp3 connection. Was told it all worked and yes maybe i should have checked it out but with a 3 month warranty I was assured the issues would be fixed. 24 hours after having the car a clonking starting under the pedals (automatic). My partner drove it and said we would get it looked over. That evening my steering wheel comes lose whilst I'm driving with my children in the car. I panic and refuse to drive it home. Call the dealership and they are offering to fix the issues discussed. I was happy to do this at first until the sales man explained that the machanic had rushed the work because i was waiting and did not "SCREW IT BACK PROPERLY" meaning the steering wheel. I now have no faith in them fixing the issues and have told them that I am rejecting the car as it ia my right to do so. I have also recorded the conversations where he has admitted three times that the car was rushed and was their error. The car in unsafe to drive and was sold unsafe. This is a miss sell. He says he will call me back today to let me know what the director of the dealership will offer me. I do not want a repair from them. I want my money back. Any advice would be grateful Thank you
  7. This very recent Local Government Ombudsman's decision (released 10 days ago) is another one of importance. In this particular case, a motorist had incurred a penalty charge notice from London Borough of Haringey for wrongful parking. As the contravention was for parking as opposed to a CCTV contravention, she received a Penalty Charge Notice on her car advising that the charge was £130 but if she made payment within 14 days, she would be entitled to a 50% discount bringing the penalty down to £65. She told the council that she could not pay and offered to clear the debt over a 15 month period at £5 per month; the Council refused but offered here a further 14 days to pay at the reduced rate. She refused to pay. A warrant of control has been issued and passed to bailiffs to enforce and the debt has risen from £65 to £513 (to include bailiff fees of £310). PS: Please see the next post for a copy of the decision.
  8. Hello all. I am helping my dad with a car insurance claim. I've never claimed anything on insurance before so am new to the process. I hope you can help. The general advice is, that when your car is a written off, as is the case here, the insurers will try to low ball you on the first offer and you should reject it. Some background on the incident is that my dad parked his car on a hill, some time later something failed and the car rolled, writing his and another vehicle off. I have researched the car and it's difficult to tell whether the offer is low based on second hand car listings on ebay and autotrader. They have offered £750 minus excess of £100. Some similar cars are on sale for double that, others have sold for around the same. Obviously condition and other factors aren't going to be identical between the cars on sale and my dad's car. Should I just go ahead and settle on the offer, or would I be a fool to? I appreciate any advice, thanks for reading.
  9. Hi All, A friend of mine is having a problem that I'm helping with. He purchased a secondhand Mercedes sports car for £26,000 from what he considered a reputable car dealer (not main dealer)it was delivered Thursday 13th July 2017. They are FCA regulated (Ref No 658267 ) and a representative of (MBI) Limited (Ref No 312143) He paid £10,000 deposit cash and the rest on finance with Close, the first day he noticed problems which were reported the second day, he thought there were gearbox problems and noticed the active intelligent lights were not working. He was asked not to drive the car and either get it brought back or taken to a local garage to see the problem, he managed to get it into a Mercedes specialist on the next day - there was a 9 page faults list including electronics, possible not Mercedes front lights and engine misfiring on some cylinders. He did not drive the car as advised and called dealer supplied the report and asked for a refund, the dealer said he would consider it, I helped him draft a letter Monday 17th saying under the consumer right act - right to return, he would like the car picked up, and a full refund based on the independent report and his right to return a faulty car. I listed the main faults, I also noted the cost he had incurred in taking the car to garage getting home then having to pick it up again, he also had to pay for engine oil and other expenses. I sent this to the finance company as well asking for acknowledgment, they haven't as of yet. So far the dealer has refused a refund and said they won't accept responsibly until they have an independent report done, I pointed out that they have had that for 3 days. it's nearly a week and they have the car, the report, his money and he doesn't have any transport. Thoughts?
  10. Hi there. I hope this post makes sense. I'll try to be concise We bought a used car from a dealer and moved 250 miles away. 20 days later a grinding noise, which may have always been present and mistaken for a sports growl, became so loud that my wife pulled over and called the AA. It was taken to a local garage who had a transmission specialist tear down the gearbox to find the mainshaft was badly worn. The brake discs were also found to be badly corroded. It was the garage's opinion that there was no way this could have been caused in 20 days of driving. And that to a trained ear, the fault should have been noticeable at the point of sale. Total cost of repair £1200 We were in touch with the dealer throughout this diagnostic process. After speaking directly to the mechanic, he sent me an email stating that it was not his fault, that he couldn't tear down every gearbox before sale, and that the damage was most likely caused by reckless driving. He offered to pay about half of the fees, which I rejected and have filed a claim using MCOL. I have documented the damage and I'm the process of getting an independent report based on the evidence I have. My claim is that given the price and mileage of the car, it was not fit for purpose. Because the car was in 1,000 pieces on the other side of the country, I didn't feel it was fair (on the dealer) or convenient for us to pursue my right to reject. Instead I asked him to meet the full cost of the repair. It was the only convenient solution that I could see for all parties. Having said that, I did present both options to the dealer, but as he ultimately did not admit liability, my only course of action was to pay for the repairs and pursue the costs in court. Here is (one of) my questions. By bypassing my right to reject, where does the burden of proof lie in terms of the faults being present at the point of sale?? It is my understanding that by invoking the right to reject within the first 30 days, the burden of proof lies with the consumer and after the 30 days expires, that burden is transferred to the dealer. I essentially bypassed that right, and moved straight onto the right to a repair - but still within the first 30 days!? I have quite a few other questions as I begin to prepare my case, but this is one that is nagging me right now. Any advice, much appreciated. OR... perhaps once it reaches the courts, burden of proof no longer applies, and it simply moves to the balance of probability? (we both provide evidence)
  11. Hi all. New to this and please excuse what is no doubt my own naivety thats got me in this situation. Last week, I concluded my search for a new car, Volvo V50 SE Lux 2008. Lovely car, tidy inside and had a very high spec. The own of the local dealer I bought it from may have spun me a bit of a yarn.... The car had a high level of road noise which he said was down to the tyre tread being a bit low. This seemed fair as it is a problem on these vehicles. I changed the to front tyres at £90 each and this made no difference to the noise at all. I knew also that front breaks were due soon hence I knocked his price down to cater for this. I have put new discs and pads on the car and that has made no difference. £170 for that. The next possibility is that it is the wheel bearings that need replacing which will be another £400. If it is not the wheel bearing then it could possibly be a gearbox problem which will cost a fortune. The car is otherwise perfect and I love it so I am inclined to replace the wheel bearings but if it turns out to be something else can I still reject the car and am I in a position to also claim back the cost of the above bearings, brakes and tyres? When I test drove the car, the seller said that when it went for MOT, "the mechanics had given it a thorough check over and they assured me the road noise was simply tyre related." Any thoughts or tips would be gratefully received.
  12. Hi, Been lurking on here for years but now need a bit of help. I purchased a used car last Friday (6th January) but on the way home the air bag light came on. Also found the windscreen washers could only throw water an inch or so from the jets. Jack and tools are missing from the car too. Not happy that this happened on a £12k car that supposedly had an AA 128 point check. Sent the letter of rejection by email on Saturday, less than 24 hours from purchase followed up by a letter. Eventually got after sales to respond today and they tell me they no longer have my trade in. I paid £7k for the car plus £5k trade in. Car is 3 years old, full Ford service history and 71000 miles (ex fleet car). What do I do now? Thanks
  13. Hi, Please can anyone help me with this: I have just had the 3rd (yes third) gearbox installed in my car, this gearbox has now failed after less than 24 hours and 50 miles! The story: Purchased from main dealer an 18 month old car in September 2014 with 7500 miles on the clock and balance of 3 year manufacturers warranty Car: Make MG, Model MG6 (petrol) Gearbox number 1: This is the original gearbox: noticed by end of 2015 (approx 28000 mile total) that gearbox 'crunches' when changed from 3rd to 4th gear quickly (yes this is a standard manual gearbox). Went to dealer in March 2016 to complain about gearbox (and other warranty faults), they drove car and agreed with me about gearbox. Manufacturer agreed to replace gearbox and new gearbox arrived at end of April. I couldn't leave car with the dealer at this time as I was on standby to work abroad for a number of weeks. Gearbox number 2: Finally got gearbox replaced at beginning of June. New gearbox was worse! Not only does it crunch in 4th but it also whines (like an old mini) in 2nd. Car returned at beginning of July to look at again, dealer agrees it is not correct but "doesn't know what manufacturer will say as it's out of warranty". Told them "don't care fault occurred in warranty period an has not been resolved - actually made worse". Manufacturer eventually agrees to send an engineer from the factory to look at my car who came last week. Manufacturer has agreed that the new gearbox is faulty but they will only supply a replacement 'box if I don't complain about it crunching in 4th as this is a "characteristic of the car". This is not entirely true as I have driven one of the loan cars with same gearbox and it does not crunch however the other loan car did, however there is a lot on the internet about failing gearboxes, crunching, stiff changes etc etc. The gearbox obviously has an inherent design flaw. Gearbox number 3: The third gearbox was installed 15/16th of this month (i.e. picked up yesterday), this has failed within 24 hours and 50 miles, jammed in second - so car now unusable. This happened first thing this morning This morning: Called finance company: told them I wish to reject car for refund under sale of good act and consumer credit act, they said they will talk to the dealer and 'get back to me' and that their procedures can take 8 weeks). I have told them I'm not interested in their time scale, I now do not have a drivable car, asked them for an address where I can serve notice of intended court action. Told me that I need to provide burden of proof, I told them this has been fixed under warranty so I have no paper work (dealer has never given me paper work for warranty repairs) - the car is sitting immobile on my drive if they want to inspect. Called dealer: spoke to the MD, he says it's not acceptable, can they collect car and give me a loan car. I can't arrange collection today or tomorrow as am too busy at work. Thing is I don't want this fixed now, too many attempts at a fundamental fault, I have no confidence whatsoever now. What I would like help with: I would like to claim from the dealer and finance company as they are jointly and severable liable - under sale of good act and consumer credit act - refund and cancel loan agreement. The fault apparently can not be fixed, actually each gearbox is worse. This is a major fault. Could someone point me in the direction of a letter template, and how to handle the court claim - I need to move urgently with this, I am currently having to borrow my wife's car - I can not get to work otherwise. Thanks in advance.
  14. Hello CAG, First post, I hope you can help! I bought a used car from a local dealership back in February 2016. Its a Zafira 'B' CDTi 1.7 Elite model, 60 plate... the cooling system has been a nightmare since the day I bought it. I'll detail a full list of events. 1) Car was bought in Februrary 2016. Just prior to pick-up it was discovered to have had a coolant leak. This wasn't fixed at the time of delivery, and the car was released to my wife upon receipt of payment from her finance company (Moneybarn). 2) Car broke down the same day she collected it, the dealer recovered the car back to their branch and supposedly fixed the issue by fitting a new coolant pipe and a thermostat. 3) Car was fine for about 3 months, then broke down on motorway. Coolant bottle was dry. Recovery guy thought a stuck thermostat. Had the car recovered to my preferred garage where the thermostat was found to be faulty and subsequently replaced. The coolant cap was also replaced. 4) Car was fine for about 6 weeks, but was apparently drinking coolant and we were forever refilling. Took the car back to my local garage, where the coolant system was pressure tested (no leaks), system bled and refilled. Thermostat was tested as fine 5) Car ran fine for a week before breaking down again on motorway. Recovered back to garage who pressure-tested again (still no leak), rebled and refilled system and replaced water pump. No blockages found in any part of the system. Thermostat tested fine, and car performed as it should under garage conditions and on several road tests. 6) Car ran fine for a week on shorter journeys, but today my wife has reported that the coolant temperature light is now flashing and the coolant bottle was dry again. It'll be going back in again to be checked over yet again. The car has spent almost as much time in the garage than it has on the road... Do I have any recourse to reject the car given the amount of issues it has had with the coolant system, and given it was bought on a Hire Purchase agreement and not through a bank loan, credit card or cash? Would the fact I've had an independant garage attempt to fix the fault and not the dealer whom the car was purchased from affect any claim to reject the car? The fault was known by the dealer prior to delivery. Wife is getting reluctant to drive the car any distance given the issues she has been having, so all advice welcome.
  15. Hello, I need some advice please, I need to know if I have grounds to reject a new used car bought from a trader.. I bought a used car from a trader 4 days ago and this was advertised as having 44,000 mileage. After bringing the car home I noticed that it said 21,000 miles on the odometer. As soon as I noticed this I phoned the trader to ask about this and he said that the odometer had been changed which reset the mileage to zero and this is why it shows 21,000 (I phoned the manufacturer and they confirmed this). There's 5 other things that are wrong with the car which are cosmetic... Boot shelf lug broken, floor mat holder clip missing, cup holder stuck inside dashboard, condensation inside rear lights and front bumper has a space between it and the body. These other things can be fixed, but I am not happy about the odometer showing the incorrect mileage. I would never have bought the car if I had known this. This wasn't mentioned in the advert and it wasn't mentioned by the trader when I went to buy the car. I know I should have checked but sometimes things are missed. Do I have any grounds to reject? Thanks
  16. Allegedly I drove into the bus lane in august 2014, twice. Bmth Council have sent PCNs and all corespondense to my old address. I moved to the new address in january 14. My oversight was to notify driving licence department of DVLA and presume they will share information with vegicle registration people.. . I letter has been delivered to my on 04/08/15 by the new owner of my old address. Its from Equita. They have been trying to reposess my car for the debt of £579. Since them I have been in touch with Bournemouth Council and TEC, Filled out and sent PC2 and PC3 forms. However, Bournemouth Council is requesting for my application to be rejected on the ground that the correspondence they sent was never returned as undelivered so I had plenty of time and opportunity to reply to them. I believe now both parties are waiting for resolution by TEC. Is there anything else I can do?
  17. Hi all, I'm after some advice please if anyone has a little time to spare. I bought a car (2006 Peugeot 307 hdi estate) from a dealer on 7th May and have been having problems ever since. I viewed the car on 2nd May and took it for a very short test drive (didn't know the area so followed where the dealer directed me). Gave the salesman a list of issues that I wanted sorted before collecting the car which included handbrake adjustment (done for MOT), clutch was very high (been told that there is nothing wrong with the clutch so they wouldn't adjust it, fair enough), there was no handbook and I requested one (still not received), remote key fob wasn't working (and I specifically told him I had no interest in buying the car unless it was fixed as I wasn't prepared to pay main dealer for a new one), and the salesman advised me he was putting a new MOT on the car. Paid £400 deposit (on my mums debit card). I picked the car up on 7th May (2 days later than agreed as he said his mechanic was swamped). Paid the remaining £1000 (again on mums debit card). When I was given the MOT certificate there was a failure certificate with 5 items on (one of which was the handbrake). 4 of these items had ticks by them and one had a question mark (Supplementary Restraint System warning lamp indicates a fault). I asked him why the question mark and he said it's all been done, I asked so why is everything else ticked and that one has a question mark and he said don't worry everything's been done. He advised that the key fob had been looked at and he had changed the battery and it did work when I unlocked the car. On the drive home a light came up on the dash but having no handbook I didn't know what the light meant. After checking it I found out that it was the SRS warning light (the one that had so say been fixed!). Also the next day the remote fob stopped working. I called the garage and was advised that the warning lamp could have come back on due to driving over a pothole or something and that it was just a sensor and was a £10 part and he would get his auto electrician to fix it. I advised him I only have Sunday and Monday off work and he said he would get back to me after speaking to the auto electrician. In regard to the key fob he said that he couldn't do anything about it. I thought maybe he had robbed a battery from another remote so set about trying to find a new replacement (2 brand new batteries later and it still doesn't work) . I had booked the car in at my local (trusted) garage just to get it checked over and he said the clutch was high but that was common on these cars, the brake pads were on advisory on MOT and he said the discs should have been on there too. He also said that the tracking was out and needed doing and that it should have been done after MOT as the Offside front Track rod end ball joint had been done for the MOT. Next time I spoke to the garage I still had no date for the auto electrician and asked them about the tracking and they said that that could have happened at any time by driving over a pothole (again!) so they would not do it. After speaking to the garage a couple more times I was advised the auto electrician was not available for the next 2 Mondays and he would get back to me when he had a date. And then on 29th May I drove home from work and parked the car up at around 9.30 pm. I went back to the car an hour later to drive my son to work and the car was making an awful noise when I tried to pull away. I stopped and checked the car and the drivers side front coil spring had snapped and was digging into the wheel/tyre. I left the car where it was standing and the next day phoned the garage again to ask them to arrange a repair. They advised me this was wear and tear and that they wouldn't fix it. I came here and read lots and lots and followed lots of links and read some more. Also spoke to TS who have given me a ref. no. and advised me to contact the garage to advise that I was rejecting the car and to follow it up with a recorded delivery letter. After speaking to the garage again to advise them that I was rejecting the car and wanted a full refund under the SOGA I was again advised that the broken coil spring could have been due to my driving (and I quote) like off road or something or extreme weather and that it wouldn't be covered under warranty and even if it was they would not repair it as was wear and tear. I repeated that I was rejecting the car and requesting a full refund as I had already been refused a repair and was told to do what I like as I was wasting my time and would not be getting any money from them. I am now not sure what to do. Do I send the letter to reject the car due to being given misleading information, being lied to/deceived as per the CPRs or due to the breakdown of the vehicle or whether to request all of the items be repaired before rejecting the vehicle. I know it's an old car and I know £1400 isn't the biggest amount of money ever spent on a car but I would have thought it would be fair to expect that it would be enough for a car that would last longer than 3 weeks before having to spend money on it. Sorry for the huge post but wanted to try and get all the info in! Just hope it makes sense now!! I would be incredibly grateful if someone could help me and advise me on which route I should now be taking. Many Thanks. Michelle
  18. Hi, Am in need of advice. In October I purchased a used Seat Ibiza advertised as an approved car with 33k on the clock (not true). It should have had full service history, full vehicle history check, multi point check and various other benefits. On the day of purchase the car broke down on the way home (dealer is some 50 miles away). The car went back and the dealer said there was a control module fault likely caused by dirt on the engine from it having been stood on their forecourt, so they reset the computer and that that was that. There were ongoing issues with the paperwork, ie there is not a full service history, I have not been given a copy of vehicle history (as advertised) or a copy of multi point check. Also the car did not have 12mth MOT as advertised. The garage took the car and MOT'd it some 4 weeks later and interestingly it failed it's first test which may suggest it was not roadworthy at point of sale. Then approximately two weeks ago the car again broke down. Engine light came on and car failed on a busy dual carriageway, I am a new driver so this was very scary. Managed to limp off the road and car stopped completely. It restarted with no issues some minutes later. Back to garage again but only after I threatened rejection of car. They are saying there is absolutely nothing wrong with the car because the computer says so! I am now rejecting the car on the basis it was misold to me. The mileage on the order form does not correspond with the service history book, or the previous MOT and is somewhat higher than that listed on the order form (the dealer is pointing out they did not wrongly advertise and quoting order form as proof, however previous MOT from 4 months prior shows it was falsely advertised). There is not a full service history, there is 26 months between services and is over mileage for required service and at the point of ordering it had not had a service for 26mths. I bought the car hire purchase and the finance company are saying because it was misold it is nothing to do with them! I have pointed out to them that they own the car and were misold it and they are saying it is one word against another's. This is despite the fact I can evidence adverts at the time and the documents! Can anyone help with where I go from here? I am prepared to pursue in Court if necessary. Many thanks in advance and hope my post makes sense. I am so mad, this is my first proper car since passing my test and my excitement has turned to despair.
  19. Got a case going with the dealer I purchased prestige second hand car from. 3 months after battling to resolve amicable, im considering rejecting under SOGA or pay for repairs then claim cost ans damages through small claims court. The car developed faults from day one. Some were repaired under warranty. Other issues I had to fork out for myself as they were deemed to fall outside warranty. New problems surfaced, all of which were again deemed outside warranty so they refused to repair. Fortunately I took down a timeline of every event, phone call, names of ppl I spoke to, etc... So Following the advice on here, the OFT guide on second hand vehicles and other consumer advice websites, I wrote a detailed letter to the finance company threatening to reject. All that information put together in a 3 page long letter didn't portray the dealer in a pleasant light so I wasn't surprised when the finance company wrote back saying the dealer would not accept rejection but willing to refund any costs for repair falling outside warranty. I wrote back accepting the proposal as long as they cover for all repairs (not just what they deemed to be liable for) and also expenses for fuel/toll charges (there were multiple trips to their own nominated garage that added mileage). They have since gone quiet (it's been 2 weeks). I suspect the dealer bit off more than they wanted with that proposal and now are having second thoughts after seeing the estimated bill i sent through with my response. I have now tried to resolve direct with the dealer and through the finance company. I have offered to accept their proposal, yet still I have nothing. The faults are still there 3 months on which I am sure falls outside of "reasonable time to remediate" (or some similar wording) that OFT's guidelines mention. My preference is to reject and be done with this cursed mobile. However I also do not want a car sitting on my drive for months and years, as some on here have indicated can be the case. The alternative is to pay for the repairs and claim it all back through small claims. I suspect they will defend on the basis of either not covered by warranty or that the issues were due to "wear and tear" therefore not existing at the time of purchase. I would of course argue they were either present or in developing stage at the time of purchase. What is my chances in court? The issues (all 3 manifested around 1 week into ownership, ~ 1500 miles in). 1. Squealing noise from off-side wheels - caused by severely worn rear brake disc and pads attributing to hand brake issues. Discs and pads replaced. 2. Knocking sound from the front axle - caused by damaged front lower arm 3. Grinding noise from the front wheels - caused severe rust on discs. suggested front disc and pads replacement These above was the findings of the garage the dealer designated for diagnosis when I reported the issues. I don't think one could argue driving 1500 miles would "cause" the issues to the discs/pads. That could aggravate and bring it over the edge but not be the "cause". Issue #1 for example, the pads were the thickness of a 2p coin when the garage inspected them (sensors didnt go off as the pads wore out unevenly and to make it worse, the car only has one set of pads connected to the sensors and even that was found to be disconnected). They were shocked that the car would even be on a forecourt for sale. the dealer responded with the usual "car passed an MOT last month therefore legal". I argue that the evidence shows the pads were end of life at the time of purchase and I should have been made aware something like, "mate the pads are almost worn out so you might consider replace", rather than "this car is in pristine condition". Same for issue #3, the rusting is well known to build up over time and requires attention to maintain in good shape. Despite advertising as "regularly maintained", the garage finds they were in an absolute state. This is a £25k car. how would you see this battle out in court if claiming costs for repair/damage?
  20. Hi Guys I bought a '10' plate BMW 3 series from a car supermarket in Hampshire for ~£14000 including a 3 year warranty. I paid by debit card with about £6000 trade in from my old car. After 3 days and just one short journey, having driven the car 12 miles (possibly 14, but I filled it up with petrol as soon as I got it and reset the mileometer) the engine management light came on. I took it back to the dealer. I implicitly gave consent for them to repair the car because I was going away for a few days and didnt need it. They said it would be ready when I got back. After a week, it was still not available. I asked for a refund in writing. Eventually their legal people sent a letter saying I had no grounds to reject the car because I had given consent to repair it already. They replaced all of the fuel injectors. I caved in and went to collect the car - only for it to break down literally as I tried to drive it home. I had to get a policeman to help me push it to the side of the road and wait to be recovered. This time I explicitly said I am rejecting the car. They fixed it anyway, and today called me at 16:51 to say I again have no grounds to reject the car. This time they have replaced the exhaust gas recirculation valve. They wrote another letter saying the egr valve appears to have failed due to natural wear and tear and so doesn't fall under the Sales of Goods Act 1979, so I should come and collect the vehicle. Obviously I don't want to have to take a car sold to me as reliable that has broken down twice in 15 miles. What is my position here?
  21. Hi All I got a PCN from Civil Enforcement Ltd, to which i sent them a letter refusing their specuilative invoice and also informing them that I wasn't sure of the drivers identity, as many people have access to this vehicle. They have rejected my representation (see below) How should i proceed? should I send a further letter to them or go down the POPLA route. Many Thanks EOS 5D
  22. Hello, I have recently (16th August 2014) purchased a used VW Golf from Blue Apple Cars blueapplecars . com This is a 2005 VW Golf with 56,000 miles on the clock - £3,800. When purchasing the car I was told there was no previous damage or faults with the car - and externally it looked fine. Their garage is in London and I live a 2 hour drive away in Kent. All was fine driving the car home but the next day I had an engine fault light and airbag fault light appear. I took the car to my local garage who advised it was a fuel pressure fault causing the engine light and that I should contact the dealer. What then proceeded has been 10 telephone calls and 4 emails. Each and every call the agent has promised a manager will ring me back but I am yet to receive one call (when I demand to speak to somebody they hang up). I have now taken the car to my local garage to provide a full check and they found a number of faults and previous damage (Which would easily run in to four figures to repair). I have attached a list of the faults and fault codes. These include: - Fuel pressure fault - Airbag fault - Leak in passenger foot well - Previous damage repair to both sides of car - Repair to SUMP - this has just been sealed over so can't change oil - Cruise control does not function - Steering wheel fault -limited function due to voltage fault Blue Apple has finally responded to an email and said I can take the car to them to inspect and see if 'it requires any repair' - despite my already providing the full list of faults present. I have ask for a refund and want to reject the car but they will not respond to this question in emails and on the phone I'm just told I need to speak to the manager who will ring me back (of course he never does). When I purchased the car it was HPI clear and the garage told me they had done a service before selling. My local garage (who are very trustworthy) said they would undoubtedly have known of at least some of these faults. They suggested it's likely they may have purchased it damaged and done some cheap repairs themselves. All my phone calls to the garage have been recorded and I've kept a log of all time / dates and emails sent. Am I within my rights to demand a refund? and if so what can I do? (I should note the car is driving fine currently but my garage has told me these faults will need seeing to. The fault lights seem to come on and off on a near daily basis. I do not trust Blue Apple to carry out repairs bearing in mind the condition they sold the car) *** Also in the Blue Apple document small print it states: Refunds of vehicles can only be authorized if a vehicle develops a major mechanical fault(s) within 21 day of purchase. The fault must be so significant to repair due to cost and time. Thanks in advance, Mjd
  23. - Hello folks I would be most grateful if someone can give me some pointers. I purchased a used car for £3500 cash from a motor trader who trades from home. He is a sole trader, not Ltd company. I bought the car 5 weeks ago. I test drove the car and it looked.drove wonderfully. The car is a 2005 (05 plate) The day after purchase, I found the hazard lights did not work. I told the trader who offered to look, or I could get a new switch if I preferred. I opted to replace the switch myself as it is a simple job and it indeed fixed it. A week later the battery died. I told the trader I had no choice than to get a new battery as the car was with me 30 miles from him and it was the cheapest option all round. Two weeks on and the handbrake started sticking. Yesterday the rear windows stopped working. I am obviously not best pleased and have lost confidence in the car. 4 faults in as many weeks and I have had enough. My intention is to reject the car and ask for a full refund. Anyone know how to go about this? I am a very timid chap and don't like confrontation at all. I already feel uneasy about the whole process. But I will push all the way. Can anyone tell me if 5 weeks, 4 faults is a reasonable length of time in which to reject the car still? Many thanks in advance. Dave
  24. Hi All, First post here, although I have browsed for advice in the past. I received a PCN on a bank holiday when car park had temporary signs up stating that parking was free due to it being a bank holiday. My appeal was brief, pointing this out & asking for it be cancelled. This was rejected as the state the vehicle was in a time restricted bay. I have replied the same day with a much more in depth appeal with a number of points (most of which I found on these forums). The question is will they review this second appeal or will they ignore it? I feel very strongly that the PCN is unfair & that my second appeal has several valid points, however I'm getting nervous that if it's rejected I'll no longer be able to pay the reduced fee. My response included the following: Requested evidence the vehicle was parked in a time restricted bay Requested evidence that signs clearly stated that such bays were not included on the free bank holiday parking. Noted that authorities are recommended to use discretion. That the PCN doesn't comply with regulations That the PCN refers to policy and appears at an out of date web address. Thanks
  25. Hi, Just a quick question. I have an account with JD Williams and today had a letter from them that from February the APR is going up at 10%. Can you reject the rise and carry on paying what I owe as long as I don't order anything else. Thanks for your time JJ
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