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    • Even if he was over the time  that still does not allow them the powers to fake evidence.. even the police cant do that   mmmmmmm 
    • Again, massive thanks to you for the help provided. Two questions: Should I show the dealership correspondence from Blue Motor Finance? Should I send them this letter?   I have changed a couple of bits from your letter. Please see below the final draft:   Dear Sir/Madam, Thank you for your email on 6th December 2021 As you know, this is a hire purchase agreement and as such you are effectively the dealer to all intents and purposes. You have a contract with the dealer but that is a different matter and of course it isn't a contract governed by the consumer rights act because neither of you are consumers. However I am a consumer and I'm protected by the consumer credit act and you have all the responsibilities to me as if you were the retailer (which you are). You are a business which is regulated under the FCA – but also you are a business which is regulated under the consumer credit act and this makes you liable under any consumer legislation which I enjoy – in particular, the Consumer Rights Act 2015. The retailer has already indicated that they are prepared to repair the first fault which occurred – the seatbelt fault.  I'm fully prepared to drive the car back to Blackburn for this repair and also for a further diagnosis of any other defects. Of course, I shall be claiming the costs of this from you – in particular if it means that the car has to stay with the dealer overnight or longer and I have to return at a later date. By insisting on this option,  I take it that you do not have any objection in me driving a faulty vehicle for over three hours, therefore assuming the risk of making the transmission issue worse or even risking a possible catastrophic transmission failure.   As a gesture of goodwill to you, I'm prepared to try and take steps to mitigate your losses by taking the car to a repairer local to me in order to have the work and diagnosis carried out there. I should warn you that if you do prefer me to return the vehicle to the retailer in Blackburn, then I may well decide to carry out my own independent inspection should the retailer not agree that the faults which I am describing exist. If an independent inspection confirms my own view, then I shall be looking to you to reimburse the cost of this inspection in addition to any other costs I reasonably incur. You may feel that it is more cost-effective for you in the long term if I have the car repaired locally and diagnosed locally because then this will also amount to an independent inspection and avoid further damage to the transmission.   In respect of your reference to a warranty, please stop trying to fob me off on to warranties. I am perfectly happy to rely on my statutory consumer rights – and I think you had better understand that. I hope you also understand that warranties are subordinate to statutory consumer rights.   You say that your business is regulated by the FCA – and of course that is correct – and that also means that if you start making misleading statements or try to avoid your responsibilities to me then in addition to county court action I am entitled to make a complaint to the financial ombudsman service. The FCA may allow you eight weeks to investigate a problem and to produce a final response, but what the FCA permits you to do is subordinate to my rights under current consumer legislation. Your trumpeting of what you are allowed to do by the FCA is calculated to mislead me. Don't do it. You have sold me a vehicle which is defective and not of satisfactory quality. This is a breach of contract. Your statement that I'm not entitled to recover any reasonable foreseeable losses caused by your breach of contract is incorrect. In particular, your statement that as a consumer I do not have the same entitlement as a business customer is quite wrong – and also calculated to mislead me because I'm sure you must know better. I accept that it is fair enough that the retailer should have an opportunity to inspect the vehicle and to ascertain the fault. As soon as my position is confirmed, then I shall be looking to you to either arrange or at least to agree the cost of repairs so that they can be put in hand without any delay. Don't imagine that that will be as long as eight weeks.   I'm giving you seven days to let me know which course of action you would prefer me to take. I hope you understand that I'm trying to have your best interests in mind at all times. Yours faithfully
    • Kickstart your career with a Data Entry Clerk Traineeship With Lightsy And Remit Training and #CreateYourFuture.View the full article
    • So long as they aren't unlawfully discriminating against you because of a protected characteristic, I presume that like anybody else they can pick and choose whom they do business with.    I understand places like Amazon and eBay will close "problem" purchaser accounts quite commonly, and will often also close other accounts that they believe are connected to a problem account  (eg same email, same physical address, same payment details etc).
    • Hi 1st all NO I will not turn it down I'm up there with the big boys   china Russia India me   with global warming   lol .  Thank you for your help but iv got nowhere with !  your repair !  As in terms of them replying  or help .its the wrong time year to drag this out fighting them while I got no hot water or heating.  I have left bad reviews on there sites  hoping that will help others from making the same mistake as me  ! joining there scam !.  As for the NEST  yes it's the government backed scheme for ppl on disability an low income to help warm there homes .  Just do what I did ASK   they can only say yes or no  and there supa fast . So thank you . I will be keeping a look in and see if any one else post about  !your repair!  As I can guarantee I wont be the last person scammed.   Cheers . 
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used car faulty after buying.. what are my rights?


woodwaan
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Hi

I need some advice before talking to the garage!... I had a look at a car and was about to buy, when i noticed a very slight oil leak.. but not enough to cause great concern.. Anyway, the garage said they would fix it before purchase.. oh.. its a Y reg peugeot.

 

When i went back, i was told it was all done (gave me some jargon and not serious ??!!) but basically was fixed...anyway i felt at ease coz i also had 3 months warranty.. well a few days ago i noticed it was leaking from the same place - and was slightly worse than before. when i phoned the garage, they said to just do it through the warranty, which i did.

Today i get a call from the recommended garage (for warranty purposes) and told that i will have to pay £72 diagnosis charges and that it still might not guarantee the work being covered by the warranty. I have been told that the leak is "beyond the crank shaft. that the timing belt is covered in oil and the drive belts perished _ and the leak might be behind the belt casing" They also offered me the information that they spotted a "leak in the power steering pump... and that a shock absorber was leaking" (not covered in warranty)... they are basically wanting to know how i wish to proceed... i know what i would LIKE to do!! anyhow i need advice.. my instinct tells me to get the seller to foot the £72 and let this garage get on with it - but what if they find its not covered by the warranty? what about the other findings? etc etc.... I'm now finding out that maybe the garage should not have advised me going via warranty as its related to problem prior to purchase ... etc .....HELP... please :confused:

Edited by woodwaan
need advice urgent
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IF there is a leaking shock absorber, then the vehicle is unroadworthy (MoT failure) and you should write to the supplying garage rejecting the vehicle for a full refund.

 

Forget the 'warranty'; it is not worth the paper it is printed on.

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Lots of dealers do this, clean it up and hope it don't show for a few days and then say 'use the warranty'.

 

Take it back to the dealer and show him what you have been given by the other garage and 'tell' him he has 7 days in which to sort it or you will reject the the car as your right under soga.

 

You don't just want the oil cleaned up, you want a new crankshaft oilseal and cam belt fitted as well as the other things.

 

If they refuse, you take it to the other garage, (you will have to pay) and then send them the bill giving them 7 days to pay or you will take it further.

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Thank you for your replies ... it has been of great help - and certainly gave me confidence when dealing with the trader....

 

I contacted the dealer and told them about the faults. They admitted that they had not changed the seal when they replaced the cam belt and felt this could have caused the problem. I have arranged for the car to be returned and repaired by them - and listed the other faults found. Hopefully they will sort out the problems..

 

Of note: on the positive side the garage that initially highlighted the problems has offered to check (for free) that the work has been done.. I just wanted to balance it out and show that there are Some good garages out there.! Fingers crossed it all goes well ..I will let you know!!

Anne :)

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