No response from the dealer at all.

[shedder101]

Hi

 

I hope you can give some advice on my next step I need to take with a used car dealer and a problem I have had with a car I purchased from him.

 

I purchased the car from him mid June 2012

the car was advertised on Autotrader with 12 month MOT and Tax.

 

I agreed a trade in deal for my vehicle and paid the balance on my credit card.

On the test drive the car was driven by him and we went around the block.

The car had full history and a new MOT and was I thought a good purchase.

 

On the way home I noticed a jerking from the gearbox at low speed

this was worse after the trip home some 50 miles,

however the car only judder when pulling off after that the car drove normally.

 

I contacted the dealer the next day as I had left my sunglasses in my old vehicle and mentioned the juddering to him and my concerns, he said they all do it don’t worry about it.

He sent me back my glasses in the post.

I was informed at the end of June by an official my road tax was about to expire,

I said no it’s to 2013 as had been advertised but they were correct and I had to tax the vehicle at the post office for £250

 

I continued to be concerned about the gearbox over the next few days and did some research on the internet in to its cause,

 

following the points raised on the forums I checked the service history and noticed a gearbox service had been missed and contacted my local main dealer for advice.

 

The said servicing was vital for correct operation of the gearbox;

I checked prices and found the main dealer to be very competitive on cost so booked the car in with them for the service.

I informed the used car dealer in writing about my concerns as well as complaining I had paid for road tax the car was advertised with, this letter was sent recorded delivery.

No response from the dealer at all.

 

When the main dealer had the car

the service was performed and a car check by them

they informed me that the front brakes of the car were in a dangerous condition and they refused to test drive the car until they were replaced

also the rear brakes were binding and corroded and needed replacing.

Also several other minor faults were listed on the receipt.

 

Not knowing the best action I had the car back from the main dealer and wrote again, recorded,

to the used dealer with a copy of the invoice showing the faults from the main dealer and

asking for a response about what he was going to do about it.

No response from the dealer at all.

 

I have obtained three quotes for the brake work to be repaired and sent him copies of them and told him I needed a response in the next seven days

or I will go ahead and get the car repaired and send him the bill, or for him to collect the car and get it repaired as I won’t drive the car as it is dangerous.

 

No response from the dealer at all.

 

I intend to get the car fixed next week and the only upside is the gearbox is considerably improved but I am out £151 to get it fixed,

what this long winded way round text and I apologise for its length but I wanted to make sure you had all the facts, is, what do I do after that.

 

Send another letter to the dealer, contact the credit card company and say what, or take him to small claims court. Any help would be appreciated.

[raydetinu]

background first,

 

make and model of car, year or plate reg year, mileage etc. price paid? this is get some sort of value on the deal.

 

This does not mean that the dealer does not have some responsability.

 

You should not have got any work done without dealer say so,

get it checked and report yes, then really should have taken it back for dealer to correct or get your money back.

 

They cannot sell a car which is unroadworthy or dangerous.

 

Did it have anew MOT?

considering brakes were dangerous,

did you check MOT history, mileages recorded, advisories etc.

If not got then check on vosa website.

[shedder101]

2002 Audi A6 2.5tdi auto 100,000 m MOT 9/6/12 4 days befor i picked up the car. £2500.00

old mot with car all confirm millage as does VOSA web site. no advisories on the MOT

 

told dealer about gearbox and said i would get it serviced he agreed am willing to cover that cost as it has fixed it

 

my point is the rest, not as advertised Tax @£250

dangerous brakes cheapest quote £309.00

 

have asked him for the repair no response from him

 

have to get it fixed need the car he has 3 days left to be in touch where do i stand with recovering my costs

[shedder101]

having done some research today, it looks to me that they have breached the sale of goods act

 

[/url]

 

When you buy a second hand car from a dealer, you have a right, under the Sale of Goods Act 1979, to expect the car to:

 

be of satisfactory quality (taking into account its age and mileage)

meet any description given to you when you were buying it, and

be fit for the purpose (for example, to get you from A to B safely)

If the second hand car does not meet these requirements you have a right to claim against the dealer for breach of contract.

 

also it should be covered by Section 75 of the Consumer Credit Act 1974

 

Read more: http://www.money.co.uk/article/1003471-how-section-75-of-the-consumer-credit-act-protects-your-credit-card-purchases.htm#ixzz21vfH7aiV

 

so it looks like i have a case just wondering what avenue to take in recovering the costs

 

Dealer? CC? or both

 

this is very good information from Witch

Edited July 28, 2012 by shedder101
new link

[raydetinu]

I think that you let another garage out of the control of the original dealer may have weakened your poimt.

Having said that, you could still get it repaired and take him to court for the repairs and a judge would then decide, but you will need a lot of written reports and back up docs and info. to make your case.

As it was paid by CC you can also claim against the CC co. under section 75, again you will need correspondance and confirmatory evidence, but easier than taking dealer to court who may not even pay if he looses.

Speak to trading standards and consumer direct.

Car does sound a good deal, now you know why!

[shedder101]

i agree i think the CC co is the best avenue to take, as for your first point, there are very few Independent garages that can service the CVT gearbox, i know i have telephoned loads.

 

i have writen to the used dealer to accept the service as full rectification of the gearbox, i expected some faults with a car 10 years old and as you said it was a good deal so dont expect anything back for the service.

 

it was just a shock that they condemned the brakes at the main dealer, in writing, as well as the false advertising regarding 12 months tax so will peruse that avenue.

 

i have contacted trading standards and VOSA in his area regarding the MOT so i will see what happens

 

so do you think a letter to the credit card company or a phone call first?

[raydetinu]

phone call to CC then email details to get ball rolling.

[shedder101]

have to give him time to respond, that will be Tuesday will keep you informed what happens

[shedder101]

spoke to the CC co today, very understanding and helpful, i explained what i had done to contact the dealer etc and they said i done everything right.

 

they are sending me a letter re section 75 and i will need to send copies of everything to them then they will review it.

 

as it his they have put the payment in dispute to the company from now so it might shock him in to responding

[shedder101]

O it gets better

 

funny today i have had a response from the dealer, saying i was told about the tax, i wasn't, he does not believe Audi about the condition of the brakes and he wants me to drive it 60 miles to him for him to decided if it needs repairing.

 

so i rang my insurance company today and told them of the situation, they have informed me that, as Audi have in writing told me the brakes are dangerous i am not covered for accidental damage or third party cover only theft until the car is repaired correctly. So i cant drive it to him anyway and i have written to him telling him this. the car is booked in to have the work done on Friday ether way i need the car fixed as i need it as its the only form of transport i have

 

i will keep you informed

[shedder101]

work now completed and car in a roadworthy condition. i have sent a copy of the invoice to my insurance co, so all back to normal there now.

 

i have had a letter from the CCco and today i have sent all the paper work to them, they say it should not take more that 28 days so i will see what happens now.

 

also sent the dealer a letter with a copy of the receipt for the work on the brakes

[raydetinu]

I would also tell the dealer you have contacted the CCCo.

[shedder101]

CCco asked if they could contact the dealer on my behalf, i am assuming that was what fired him in to responding but i have informed him in my last letter that the CCco was on the case

Edited August 5, 2012 by shedder101

[raydetinu]

Cool, should get things moving now, however all takes time unfortunately.

[shedder101]

i will let you know when anything happens

[sailor sam]

Why would you be 'told about the tax' if it was advertised as having 12 months tax? Can you obtain a print out of the advert on Auto Trader?

[shedder101]

yes i have a copy of the advert from auto trader printed on the day i went to see it and left my deposit

[shedder101]

update

 

well i have had a letter from the CC co thanking me for the information i sent them and they are investigating it and i will know in 10 working days.

 

as for the dealer,,,,,, nothing ,,, zip ,,

[raydetinu]

Did you send advert to CC Co. as evidence?

[shedder101]

yes everything i had, copies that is

[shedder101]

just to keep you updated .....still nothing from the dealer and still waiting for a response from the CC co

[shedder101]

hi

i have had a telephone call from the CC co today saying they cant do anything as they spoke to the dealer yesterday and he said it was fine on the MOT and he offerd to look at, "after i contacted the CC co after ignoring my first 2 letters", also he told me about the road tax and they say its his word against mine.

 

they now say they would need an independent inspection of the vehicle, i told them as it was now fixed that was pointless and it had been inspected by the main dealer who condemned the brakes. i asked about the false advertising, they said its my word against his

 

bottom line is they wont pay my costs incured.

 

i now intend to write a letter before action to the dealer outlining my costs and as i could not use the vehicle for 11 days compensation for that loss, would a figure of £50 per day seem ok

 

it looks like i will have to go down the route of county court to get back my costs

[shedder101]

i have taken legal advice through the service on my home insurance, they advise that legal action will be required

 

i have a 100% case for the brakes, as they say who is better than a Main Dealer who built the car to inspect and decide what is right.

 

i have 75% chance on getting the road tax as it his word again mine, but you do have the advert showing it listed hence the 75%

 

0% for compensation for loss of use, unless i can provide receipts for my costs , taxi etc.

 

 

i also addressed the CC co , i should escalate the complaint to them and explain its not the full amount of the charge just the costs at the same time as the legal action on the dealer.

 

so if any on has ideas of what to put in the letter it would be appreciated

[sailor sam]

This may help;

 

http://justclaim.co.uk/index.html

[shedder101]

many thanks i will take a look