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Sold faulty car from dealership


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Hi!

i purchased a 59 vw golf, 28000 miles, diesel... from arnold clark on 28 october on finance.

when i collected it , there were scratches all up one side that werent there when we viewed it, the sales manager arranged a date for following week to have bodywork done.

While driving the car for following 3 days i found the clutch to be very heavy and had difficulty sometimes getting it into gear.

Car went into garage 1 nov for bodywork and i mentioned to garage about the problem with clutch, sales manager and guy from garage tested it and said there was nothing wrong, but becasue they were ford garage and i had a VW still under warranty i could take it to vw garage to be looked at again.

 

I did this on 13 nov and the car spent 9 days in the VW garage.The gearbox was stripped out twice , an expert was brought in, some gear selectors were replaced, it still wasnt right and eventually a new clutch and flywheel was fitted.

 

A week after this the coolant warning light came on, i assumed that maybe it had been missed during service and topped it up. 2 weeks later it happened again, and i topped it up. It was then we thought there may be a small leak, so we called to get it booked into garage. Due to xmas and us being away the car was booked in for 6 january. It happened again over xmas and i topped it up.

The car went in on friday last week and we recieved a call to say it was quite a major problem and that it was leaking within the cooling system, and this would be replaced, but the part wont arrive untill 30 january. So at this time the car is in the garage awating the part to fix it.

 

It was after this that we decided we do not want to keep the car, as it has had 3 problems so far in the 9 weeks that we have had it!!! not what we expected from a 2yr old car with average mileage.I work 2 jobs out in the community and need a reliable car for my work.

 

I spent 5 days after this fighting for a hire car as garage wouldnt provide - eventually VW have provided one as part of their manufacturer warranty.

 

I spoke several times this week to the sales manager from the branch where i bought the car , at first he was quite pleasant, offered to call and update me with what was happening with my car and he joked that i could swap it with a similar model they had on forecourt. However we went in yesterday and he told us that there would be no point in discussing it untill the car has been fixed, and then if i still want to reject the car i could bring it to them and TRADE IT IN! he seemed to notice i wasnt pleased with this and said tht we could feel free to get an independent inspection done, or contact trading standards should we want to.

His opinion is that once we get the car back we wont have any problems and that as it is under manufacturer warranty untill sept 2012 even if anything did go wrong i wouldnt have to pay to have it fixed but he cannot guarantee this and i dont see why i should take the risk of something else going wrong!

this is causing me a huge amount of stress and is hugely upsetting.

Surely i have adequate reason to reject the car?

Any help and advice would be hugely appreciated

thanks:!:

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warranty is in addition to your rights under soga

 

http://www.oft.gov.uk/business-advice/treating-customers-fairly/sogahome/forcustomers

 

go get 'em!

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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You have an absolute right under sale of goods act to 'reject' this vehicle. In the first six months the onus is upon the seller to prove that the faults weren't present when purchased. I would suggest that you write to the finance company/and/or dealer stating that you want to 'reject' the vehicle under the sale of goods act. It won't be straight forward I did similar and ended up getting the finance companys claim dismissed, but if your problems are as bavaria ad you say you should have no problem sorting it our in court

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Some of you on the site team really need to calm down and take a reality pill.

 

Under SOGA the op has the right to reject but this means the car must be parked up and not used. This in itself will lead to issues, and as is being currently witnessed, can take in excess of two years to sort out through the courts should the dealer challenge it. Further, average time to reject is around 4 to 6 weeks from delivery with immeadiate success. Perhaps you ought to warn of this??

 

In most cases I know of, VW will supply a hire car FOC if the car to be repaired suffers from a delay due to a part shortage after 4 days irrespective of the age.

 

AC Ford would appear to have done the right thing so far by refering it back to a VW dealer.

 

By rejecting I feel the OP will add to the stress etc. OP has a car paid for by VW whislt they sort it out.

 

Best thing is for the OP to get the car back and run it and if still has problems then go for the rejection route. After all, given the time owned the dealer has to be given the opportunity to repair which they are doing and whilst the spares are not there instantly, a replacement car has been supplied whislt the mess is sorted out.

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With Helios all the way here... this SOGA lark is all over the show on here, and its most often not the best way forward IMHO.

 

SOGA should be a last resort when all else fails.

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Oh No, the Shark has bitten again.

The mere fact that the salesman told the OP to contact Trading Standards is yet more proof of how inactive TS are against Clark.

I say it yet again---Report this problem to the Office of fair Trading, and ask them when they are going to act against Clark under the used car regulations of 2010. Don't take no for an answer.

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Thanks for the advice guys. I have done as advised and contacted TS. I am very disappointed to have bought a car and had so many problems within weeks of doing so, and to be told that if i dont want the car then i could trade it in -knowing full well we would lose money doing so, really infuriated me.

At what point is enough enough? it has been in garage 3 times so far.... would 4 times be considered enough? 5times? 6 times?

I have already been left for 5 days without a car , this doesnt seem to matter, i do not want to pay such a high price for a car that is potentially prone to problems! :(

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Perhaps I did not make it clear Kimbo. Where claims have been successful under the rejection time scale through the courts, the average time is 4 to 6 weeks. After this it is deemed, so it seems, that the car has been accepted. This is general knowledge and advised by some official channels.

 

Your case is/was very different.

 

Just because you have the right to and can reject does not mean you have justification to reject as you have found out.

 

I suggest the OP follows what I have said in post #5 and if the car is not repaired satisfactorily then come back and let the site know the situation.

  • Haha 1
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If the car is faulty, then under the regulations it is 'Failing to work as it should', therefore it does not match its description, or is not satisfactory quality, or not fit for purpose or any combination or all 3, no ifs no buts.

 

New gearbox, new flywheel, new clutch - that's knocked the 28,000 miles of those bits

Major cooling fault - I can only think that is a head problem as a radiator or water pump are not major.

 

Make sure you are furnished with details of what the fault is, this is very important and should be in writing with a description of the action taken.

 

I think I would be prepared to accept this car in the repaired state but ensuring that your give AC a document that states 'you do not give up your right to reject at a later date'.

 

Of course they would like to P/Ex it, it is a better car than they sold and at no cost to them.

 

Rejection or Recission of Contract by agreement, which also includes in this case part exchange, means you will be offered a refund or partial refund commensurate with the amount of use you have had from it. I would class a few weeks, especially having had to nurse it, as not having had any use from it.

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  • 1 month later...
Perhaps I did not make it clear Kimbo. Where claims have been successful under the rejection time scale through the courts, the average time is 4 to 6 weeks. After this it is deemed, so it seems, that the car has been accepted. This is general knowledge and advised by some official channels.

 

Your case is/was very different.

 

Just because you have the right to and can reject does not mean you have justification to reject as you have found out.

 

I suggest the OP follows what I have said in post #5 and if the car is not repaired satisfactorily then come back and let the site know the situation.

 

I dont know the in's and outs of the legal stuff but nobody should have to buy a car and accept it with so many problems - One fault for me would have been enough to reject it - The car is unfit for purpose and never should have been sold - im sure it wasnt advertsied as having so many problems - His reasons in my opinion are more than enough to reject the car and if i was him i would take it back and demand a refund of any money he may have paid for the car to date - He should go start again with another dealership - the cars clearly a duff -

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Im very sorry to hear of your experience im going through something similar myself but my car didn't have anywhere near as many faults as yours has and i rejected it - If you can reject it asap and fight for any money you may have paid but only do this after seeking legal advice or advice from TS's- This car is clearly not fit for driving and if it was me id give it back and start again with another dealer - go speak to trading standards about rejecting the car and getting paid any money you may have lost - Im not in any position to offer advice but as a consumer going through a similar ordeal id ditch this car let the dealer keep it and fight to get any depsoit you may have paid - Part-exchange is not an option - I got conned into doing that and lost 2k -and if trading standards cant help go seek specialist advice from a solicitor but dont accept this car and as far as im concerned too many repairs have been tried to date - who in gods name wants to buy a car they just have to keep getting repaired - Go seek advice on rejecting and where you stand on getting any money back and if the car is in finance seek advice on that too - This car is not acceptable and take no crap - seek legal advice on rejecting the car - remember this is just a forum where advice is given your better to meet face to face with someone who can tell you exactly what your rights are and follow what they tell you only - joke of a car that is - You need to be firm with the dealer and tell them you dont want this car its had too many faults - and dont sign or agree to anything they offer unless you get advice -

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