Car Not Fit For Purpose. Evans Halshaw Refusing to Refund Our Money

[MrsRoss]

Less than a month ago we purchased a 2 year old car from a well known dealership for £7202.

 

There was a delay in them releasing the vehicle to us as they said they had discovered a leak which they were going to sort before handing over the car to us. A week later we picked up the car and noticed it was stinking of febreze which they said they did as standard to all sales. We now realise this was done to mask the stench of the damp within.

 

After 2 days the febreze wore off and we noticed a damp musty smell. On further inspection we noticed the leak had not been fixed at all and all the carpets were soaking. We took the car back to them and they agreed to repair it again the following week but no courtesy car was offered.

 

After picking the car up again we noticed the carpets were still all damp and although they said they had repaired the leak which we do not know if they did or not, the carpets had not been dried out so the car is still damp and smelly, possibly mouldy too.

 

We have a 2 week old baby and a 3 year old toddler who have never been in the car as we are afraid for their health, after driving it we are left with a sore throat and our clothes stink so it has been left in our garage unused whenever it has not been back at the dealership. Of the 4 weeks we have had the car, we have only had 3 days use out of it and that was the initial period before the febreze wore off.

 

So this time instead of taking the car back to have another botched repair done, we advised them by letter that we were rejecting the car under the Sale of Goods Act as it was not of suitable quality or fit for purpose. The letter was dated less than 2 weeks after the date of purchase. It has been completely ignored.

 

Numerous phone calls, emails and visits to the show room regarding this have all met with a negative result. When we contacted CAB they advised us to hand the car and keys back in to the dealership with another letter again advising the vehicle is rejected and a refund is required. We did this but then when we spoke to Consumers Direct they said we shouldn't have given them the car back and to go pick the car back up! When we went to collect the car withourt prejudice the dealership said to leave the car with them and they would attempt to dry it out. We said go ahead but we are still rejecting the car and require a full refund to which they replied the maximum they would offer us is a part exchange to another vehicle, and the most they would offer us for our car is trade in value only of £6200! So not only have they sold us a dud car but they want to rip us off for £1000 as well?

 

The garage is refusing to accept our right under the SOGA to a full refund so the dispute just seems to be dragging on and on no matter how many times we contact them or go up the line to their parent company, our letters are all completely ignored.

 

We contacted a lawyer last night who advised us to email again our wish for a full refund or part exchange to the full value of what we have paid and a reply within 7 days to prevent legal action.

 

We are both ill with the stress of it all and having a new baby as well. Do you think we'll have to take them to court? How do we go about this and how much will it cost? All we want is our money back to draw a line under the whole nasty episode but they are just laughing at us. We thought we were protected under SOGA but how can we hold them to account if they refuse to interact with us?

 

Please please please can somebody advise us, thank you so much for reading...

 

Diane Ross

[sailor sam]

Hi and welcome to CAG.

 

Well it seems you have exhausted all avenues in amicably resolving this so it looks like court to me. As it is over £5k, you need to make an application at your local County Court or you can do it on line at Money Claim Online (See link below). They will be able to help you. You will be able to claim interest on top of the claim as well. You may find that when the court papers drop through their letter box, their attitude will change.

 

Useful links; http://www.direct.gov.uk/en/MoneyTaxAndBenefits/ManagingDebt/Makingacourtclaimformoney/DG_195639

 

https://www.moneyclaim.gov.uk/web/mcol/welcome

 

Good luck and please keep us updated. Do not correspond with the seller other than in writing. Always use recorded delivery post and KEEP ALL COPIES OF CORRESPONDENCE!

[Conniff]

What paperwork have you from them that backs up your complaint ?

[MrsRoss]

Thank you for your lovely reply Sam, I will have a good look at the links you have provided and will let you know how I get on!

[MrsRoss]

What paperwork have you from them that backs up your complaint ?

 

Sorry I have no paperwork from them at all, other than the sales receipt, as they have refused to acknowledge any letter we have sent them. The only communication we are able to get from them is by physically going into the showroom. Each time we speak to somebody face to face they symnpathise and understand our frustration and promise to put things right. Then when we get home we receive a phone call from someone else stating that is not what was agreed or will be happening. It's all very draining.

[Conniff]

That just makes thing a bit more work. So are they agreeing with you in person and then retracting what they said later?

 

If so, go in with a mobile phone in your breast pocket and record the conversation, also send any correspondence by recorded or registered mail and keep a copy.

 

If you can get something on paper or recorded, (you don't have to inform them you are recording them), that would make life so much easier.

 

AS you have handed the car in already, I think your next logical move would be to send them, by registered post, a 'Letter Before Action' and give them 7 days to refund the full amount stating that failure to do so will result in the issue of a court claim without further notice. A signed for letter is better than an email.

 

Only say that if you are prepared to go to court, remember, any fees etc will be claimed back from them.

 

Would you like to say who the dealer is? you can pm me the details.

[MrsRoss]

Thanks for your lovely reply. The dealer is Evans Halshaw. I should probably say as well that we live in Scotland which I know makes a difference as the Directgov website in the links provided relates to court claims in England & Wales.

 

The reason we have done our 7 days to court action letter by email is because we have had limited response from our emails whereas all letters are standarly ignored. The lawyer advised us to put read receipts on everything to prove they got the email and all looks fine with that.

 

So it looks to be a waiting game now until Wednesday when they said they will contact us to let us know the car has been dried out again. I have even considered accepting the car back off them and selling it on myself just to put an end to the hassle but I would of course not only lose money on it but also have to explain why I'm selling it after only 4 weeks which would put any buyer off. It's just all so unfair.

[sailor sam]

Thanks for your lovely reply. The dealer is Evans Halshaw. I should probably say as well that we live in Scotland which I know makes a difference as the Directgov website in the links provided relates to court claims in England & Wales.

 

The reason we have done our 7 days to court action letter by email is because we have had limited response from our emails whereas all letters are standarly ignored. The lawyer advised us to put read receipts on everything to prove they got the email and all looks fine with that.

 

So it looks to be a waiting game now until Wednesday when they said they will contact us to let us know the car has been dried out again. I have even considered accepting the car back off them and selling it on myself just to put an end to the hassle but I would of course not only lose money on it but also have to explain why I'm selling it after only 4 weeks which would put any buyer off. It's just all so unfair.

 

That may be so, but courts usually like to see a paper trail of written correspondence sent via post. Recored delivery usually satisfies them. Personally I would stick to my guns and reject. Obviously they have attempted to conceal the problem in the first place and have made unsuccessful attempts to repair the leak since. It sounds to me that even if they are successful, you will probably have issues further down the line.

[scaniaman]

Is the car on HP or any part of the payment by VISA. If so, report trouble to them and ask for refund.

[heliosuk]

Check the cars history first before you do anything of the above. Rejecting on a used car is not an easy option despite what some posters feel. It is often long, drawn out with no guarantee of success. SOGA is not your friend despite many people on the site team thinking it is. It would help if you listed what the car was in terms of make, model and year to get a proper persepective on the problem you have.

[sailor sam]

As the car is only 2 years old, it still may be within the manufactures bodywork warranty, therefore a call to the manufacturers customer services centre may be an option. However, from the OPs account, it appears that the dealer knew of the problem and have since attempted to rectify it with no success. As the purchase of the car was less than a month ago, I maintain that rejection is the best option.

[MrsRoss]

Is the car on HP or any part of the payment by VISA. If so, report trouble to them and ask for refund.

 

Nope we took out a personal loan to buy it, but thanks for your reply anyway.

[MrsRoss]

Check the cars history first before you do anything of the above. It would help if you listed what the car was in terms of make, model and year to get a proper persepective on the problem you have.

 

Its a 2010 ford focus zetec, 1 previous owner who are a company. The dealership were also accusing us of having used the car to do 300 miles which we knew was wrong as we have been unable to use the car. When we checked we found they are getting this from the mileage they had put on the original bill of sale. This has been falsified. The mileage on the service history log has been entered a month prior to sale and it is 240 miles over what they have put on the bill of sale meaning the maximum miles we have done is 60 and that's been with all the to ing and fro ing back and forward to them.

Edited April 15, 2012 by MrsRoss

[Bang!]

Give the previous owners a call and ask them about the car - there's a chance you might get to speak to its previous driver. You might find something adding weight to your case - such as the mileage now being lower than it had been.

Edited April 15, 2012 by Bang!

[Conniff]

As the car is only 2 years old, it still may be within the manufactures bodywork warranty, therefore a call to the manufacturers customer services centre may be an option. However, from the OPs account, it appears that the dealer knew of the problem and have since attempted to rectify it with no success. As the purchase of the car was less than a month ago, I maintain that rejection is the best option.

 

[My bold] And so do I, in fact I wouldn't hesitate to go to court over this.

 

Where is this leak? is it the result of badly repaired accident damage ?

Edited April 15, 2012 by Conniff

[heliosuk]

Exactly Conniff!! Which is why I said check the history. 2010 Focus........not known for leaks but ripe for accident repair!!!!!!!!!!!!!!!

 

If the OP can find out the proper history that is the start. To reject without doing homework is extreamly risky and we have seen before where someone rejected and two years later, despite posters c*** sure attitude egged on by some posters on here it led to disaster.

 

Rejecting a car is not an easy option, is time consuming and fraught with legal hurdles. Notice of intention to reject gives more leaway.

 

This should be the OP's stance.

[sailor sam]

Its a 2010 ford focus zetec, 1 previous owner who are a company. The dealership were also accusing us of having used the car to do 300 miles which we knew was wrong as we have been unable to use the car. When we checked we found they are getting this from the mileage they had put on the original bill of sale. This has been falsified. The mileage on the service history log has been entered a month prior to sale and it is 240 miles over what they have put on the bill of sale meaning the maximum miles we have done is 60 and that's been with all the to ing and fro ing back and forward to them.

 

I would deffo have a word with Ford Customer Service and I would still want to reject the car. This dealer is obviously 'not above board' from what you are saying. As you have only had the car a month, the cause of the leak surely is irrelevant. The fact that it has one in the first place (which they don't appear to be able to cure) is all that matters as it was there when they sold you the car. Conclusion, not fit for the purpose or of satisfactory quality. I don't think you would have any problems in court to be honest in obtaining a full refund but I would advise getting face to face professional advice to clarify.

[Conniff]

I would say the cause of the leak is relevant. If it is caused by badly repaired accident damage, what else is not visible but badly repaired or sprayed over to cover it!

[sailor sam]

My point is that it dosn't matter what caused the leak as far as the OP is concerned (unless it happened while it was in his possession), there shouldn't be a leak at all. Whether it is accident damage or a manufacturing defect, the seller has apparently failed to rectify it or replace carpets etc. Its quite obvious that what ever is the cause of the leak, that any repair may not last. The seller obviously knew there was a problem and apparently attempted to disguise it. So in my opinion, the OP should reject the car for a full refund. The car is not of satisfactory quality or fit for the purpose and the OP isn't exactly getting the after care service he should be entitled to.

 

Get rid is my advice.

[MrsRoss]

Thank you so much to everyone who took the time to reply to my post.

 

Just thought I'd pop in again with an update? We finally got through to Trading Standards today and they advised against taking it to court as it was doubtful we could demonstrate having given them ample opportunity to fix the fault! Anyway the guy said in all his years of working in the field, he had never yet met anyone who had been successful in getting a 100% refund on a car, SOGA or not.

 

Much as it sticks in the craw having to do business again with this bunch of scoundrels, we could not take the strain of hanging it out any further as the past few days and nights have really taken their toll on us. We're already sleep deprived with having a two week old baby and this hanging over our heads too was making us ill.

 

So we phoned and spoke to the one salesman who's ever been any use (ie bothered to returned our calls) to strike a deal. We've now lost £700 as opposed to the original £1000 on the Focus but at least it's gone now (I would not have that car back now if you paid me) and we've traded it in for a Fiesta (my original preference in the first place, so all good).

 

I hate to tempt fate, as it is this shower we're dealing with after all, but it looks as if we'll finally be able to get some sleep tonight having made a major step forward. Only once I get my Fiesta home and all is OK with it will I really relax though, as you may understand. My initial outrage at the pure shadyness of these gets is still intact, however after a few days simmering away, I've come to realise they are indeed holding all the cards, much as it irks me.

 

Thanks again everyone

[Conniff]

I would now issue a small claims for the £700, this will cost about £35 (which you get back if you win) so has to be worth it. You can do it on line at mcol.

[dawnn]

Thanks for your lovely reply. The dealer is Evans Halshaw. I should probably say as well that we live in Scotland which I know makes a difference as the Directgov website in the links provided relates to court claims in England & Wales.

 

The reason we have done our 7 days to court action letter by email is because we have had limited response from our emails whereas all letters are standarly ignored. The lawyer advised us to put read receipts on everything to prove they got the email and all looks fine with that.

 

So it looks to be a waiting game now until Wednesday when they said they will contact us to let us know the car has been dried out again. I have even considered accepting the car back off them and selling it on myself just to put an end to the hassle but I would of course not only lose money on it but also have to explain why I'm selling it after only 4 weeks which would put any buyer off. It's just all so unfair.

 

Hiya

 

What branch in Scotland's if you don't mind me asking I'm having issues with one in Scotland

[MrsRoss]

Hiya

 

What branch in Scotland's if you don't mind me asking I'm having issues with one in Scotland

 

 

Hi Dawn

 

It was the branch at Portobello Edinburgh. In the end they took the car back but wouldn't give us what we paid for it. We only owned the car for approx 18 days, although most of that time it was back with them for repair so there were only about 2 days that the car was driveable and at home with us. Even so all they would give us is a trade in price not what we had paid for it a couple of weeks before.

 

In the end we lost out £1000, gutted. I hope you have more success with them than we did, we wouldn't go near them again with a bargepole.

 

RIP OFF MERCHANTS - AVOID AT ALL COSTS!

[Slaac]

take the above users advice and go to small claims for the difference - you have been stitched.

 

Evans Halshaw - part of Pendragon - it appears to me that they play a numbers game with customers - i.e. some of them go away and some they have to pay out.

 

I stuck it out and got a full refund + interest

 

Stick it to them ...

[eh-portsmouth]

Avoid Evans Halshaw. Thanks for this forum. This really helped us. I had a problem with Evans Halshaw Vauxhall Portsmouth branch. They used pressure selling, misrepresentation of the fact and an issue with deposit refund. No customer service. Poor communication. If anyone wants to make a complaint to Evans Halshaw, I found following email addresses useful: "enquiries at pendragonplc.com; help at evanshalshaw.com"; If you had any issue, please report them to Trading Standard and BBC Watchdog as well, to stop anyone else going through the similar issue.