Head Gasket gone within 2 months - my rights.

[spookiexch]

Hi All,

 

 

Desperate for some advice/opinions. Have been chatting to Consumer Direct but I am still confused.

• Bought a car from a dealer at end of June. part exed my car (495) deposit on credit card (1000) rest financed with Santander (5K).
  
• End of August, head gasket goes. My garage investigates and suggests that a damaged radiator suggests this is not the first time.
  
• I find out dealer is no longer trading from premises, though they do answer their phone. They are trading from a web site without a postal address. They deny responsibility and refuse to give out a postal address.
  
• I contact Santander and ask them to put my issues right. The issues I list are head gasket, radiator, and panoramic sunroof (which I discovered after purchase is broken).
  
• Santander have told me twice to contact the dealer by phone who will resolve all my issues, ut have not documented what will be fixed.
  

I am worried about handing the vehicle over to the original dealer, given that they seem a little fly by night and won't give me their address.

 

I have asked Santander to at least confirm in writing the issues they expect to repair, but they just refer me to the dealer again.

 

I have just sent a final response to Santander, explicitly asking them to arrange for the repair, and tell me what they intend to repair - or I will reject the vehicle and ask for a refund.

 

I am worried about where I stand and what to do next.

 

Should I use the FOS or should I use the Small Claims Court?

 

Am I entitled to be worried about the original dealer taking the car back to fix?

 

Is it fair and right to expect Santander to take ownership of the issue and sort out the repair, without me having to arrange with the dodgy dealer?

 

Should I just accept the repair of the major fault and stop worrying about the other stuff.

 

Any pointers appreciated. I am desperate to resolve this issue one way or another (though I admit I would prefer a refund now).

 

Thanks.

 

[sequenci]

Hello there.

 

You should certainly get in touch with Trading Standards, there are multiple issues here. The fact that they do not have an address on their website is pretty dodgy!

 

The fact that all of these issues have arisen within 6 months of you taking delivery of the vehicle puts you in good stead.

 

I'm sure some folks who have more experience in this area will be along shortly to further the advice.

 

Best wishes,

 

Seq.

[sailor sam]

Hi there. Couple of questions; How much did you pay for the car? How/where was it advertised? Have you informed Trading Standards/Consumer Direct and can you post a link to the web site?

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my reputation button at the bottom of my profile window on the left if you found my advice useful.

[MrShed]

Bearing in mind that the credit card company are equally liable, I would suggest simply ignoring the dealer and proceeding down a Section 75 claim only.

[spookiexch]

Hi All,

 

I'll try to answer the questions here:

• The final price was 6995. I made a mistake on my original post as I have 5.5K financed with Santander as a Conditional Sale Agreement.
  
• Vehicle was advertised on dealer website, and on Autotrader, but I saw it on the forecourt as I drove past.
  
• I have been in touch with consumer direct, who have now handed me over to my local (ish) trading standards. Consumer direct offered great initial advice, but you cannot get anything from them in writing as the onus is on me to resolve the issue. Trading standards are also offering good advice, but ultimately it is me who has to decide to force a refund, or accept a repair.
  
• I have just sent third letter to Santander asking for them to list exactly what they intend to repair. I expect they will reply along the same lines, saying I just need to get in touch wioth the dealer.
  

This will leave me with a decision to make, and it is this decision I am agonising about.

 

If Santander respond again just telling to to contact the dealer, this leaves me having to proceed in court, or accept what they say.

 

I worry that the dealer (not a huge dealer) will try and find the cheapest repair possible.

 

I also worry that if I ignore the response from Santander (as it doesn't satisfy me that all my issues will be resolved) I then go to the SCC for a refund after rejecting the vehicle. What would a judge think of the fact that Santander tell me to contact dealer, but I have issues with this? Is my dealerphobia defensable?

 

Someone mentioned section 75. What does this mean? (post a link and I will review)

 

Given that I put the deposit on Credit Card, if this makes it easier for me to get my money back I will obviously go down that route. Does the Section 75 also apply to the Conditional Sale Agreement?

 

Thanks in Anticipation.

[nmonline]

Hi, did the dealer arrange the finance with Santander?

[spookiexch]

Almost.

 

There is an intermediatory company (broker) between Santander and the Dealer.

 

I have read lots more online, and I now believe (and have more confidence) that I have grounds to reject the vehicle and ask for a full refind.

 

I will only consider a repair if it is with a reputable garage, and with positive confirmation that all 3 of my issues will be addressed.

 

I am not waiting 21 days for a response from Santander. Unless they satisfy me I will then make teh decision as to whether to ask for a refund via FOS, or via the SCC.

 

When I have decided, I will send the LBA.