Faulty Car Purchase Issue

[moswhitley]

Hello,

 

I wonder if any of you may be able to offer me any advice on the following.

 

I bought a VW Golf, 2 months ago at a local dealership (non-affiliated to any brand) in Dorset. I paid £6,000 on my debit card. When I purchased the car, the salesman told me that if there was anything wrong with the car, I could return it in the next 6 months, no questions asked. At the same time, I was also heavily pressured into purchasing an RAC Warranty. This would cover any mechanical failures to the car within the first year, and I duly paid the £50 for this cover, purely for peace of mind.

 

Within the first 2 weeks, the gearbox completely packed up on the car. I managed to return the car to the dealership, quoting the 6 months no-quibble return policy given my the salesman. The owner of the dealership told me that the salesman has been 'fired', and why would he have sold you an RAC Warranty if you had a 6 months no-quibble return policy. He basically told me that I was on my own.

 

The car duly went off to the RAC approved garage. They diagnosed the problem and said that it would cost £1,300 to fix. £1,000 would be covered by the warranty, but I would have to pay for the excess (£300). I was not happy about this, but duly paid and now the car is back and all fine.

 

I contacted Consumer Direct, who gave me the full list of legal points supporting the misselling of this car. As suggested, I wrote a letter to the dealer, stating these points requesting repayment of the £300 excess. If I didn't receive a response, I would be pursuing this through the small-claims court. I sent this by recorded delivery in an unmarked envelope with no return address. The dealership refused to sign for the envelope and the letter was returned to me.

 

What are the next steps? Should I continue to pursue this through the Small Claims Court, based on the fact that this is the kind of person who will not sign for a letter, even though they don't know what it will be! In addition, what happens if I take this through the courts, and he just doesn't respond?

 

Further notes to this case. Using false names to illustrate the example, the car dealership trades as "London Car Sales", and has only been in operation 2 months (the car dealership before 'disappeared'). The receipt for the car shows not "London Car Sales", but "P. Jones and J. Spencer"...

 

Any thoughts? How should I tackle this going forward?

[Conniff]

Ok - forget the warranty for now. This is purely and simply the sellers problem whether he made those promises or not. During the first six months, the seller 'has' to prove that the fault wasn't there at time of purchase, it is not up to you to prove it was.

 

What paperwork have you got for the repair?

 

If not a lot, then you should return to the repairer and get a full written diagnosis and repair bill and receipt for the £300 payment, even if you have to pay for this as you can also claim that back.

 

As they have refused to accept the letter, you could visit them with the letter and produce it in person.

Take a friend with you if you want and try to record what happens on your mobile phone, especially any thing that is said.

 

In the letter, you must also tell them that you are aware that it is a criminal offence to try and take away or reduce the customers statutory rights in any way and that the warranty, which you believe to have been missold, does not, and cannot, take away your statutory rights.

 

You should give them 14 days in which to refund the amount you have had to pay.

 

If you should visit and they again refuse to accept it, then you send them a Letter Before Action. If you send this registered, they might be fooled into signing for it, but it isn't necessary for them to accept it to deem it as received.

 

I would suggest this isn't the first time it's happened if they are refusing recorded delivery, as they know what is in it.

 

More about that last point if you require any further info.

 

Amended as I didn't read the original post correctly.

Edited June 13, 2010 by Conniff

[moswhitley]

Many thanks for this. I have full diagnosis of the issue and receipt for the £300, so there is no issue there.

 

If I take this down the Small Claims Court route, how does it work if he just doesn't respond to the letter that the court send him? Also, what would be the exact law behind the fact that he has to prove the car was in perfect order when he sold it?

[Conniff]

If he doesn't respond or come up with a defence, you win by default. He will be given 28 to pay and if he still doesn't, you send in the bailiffs.

 

The consumer regulation 1979 (as amended). The amended part is because there have been updates to the regulations.

 

(1)This section applies if—

(a)the buyer deals as consumer or, in Scotland, there is a consumer contract in which the buyer is a consumer, and

(b)the goods do not conform to the contract of sale at the time of delivery.

(2)If this section applies, the buyer has the right—

(a)under and in accordance with section 48B below, to require the seller to repair or replace the goods, or

(b)under and in accordance with section 48C below—

(i)to require the seller to reduce the purchase price of the goods to the buyer by an appropriate amount, or

(ii)to rescind the contract with regard to the goods in question.

(3)For the purposes of subsection (1)(b) above goods which do not conform to the contract of sale at any time within the period of six months starting with the date on which the goods were delivered to the buyer must be taken not to have so conformed at that date.

 

http://www.opsi.gov.uk/RevisedStatutes/Acts/ukpga/1979/cukpga_19790054_en_6

[flub1976]

Have you been back to the dealership since paying the £300 and asked them for it? that would be step one. 2 put the request in writing. 3 sue them.

 

just another thought did you pay by credit card or use a finance company?