Un-Roadworthy Car from a used car dealer

[confusedmum]

Hi

I purchased a car in august, after 3 days faults were apparent, i contacted the dealer advised him of these and he took the vehicle back for repair returning it 5 days later. On the way back one of the car faults were apparent again. I contacted him and agreed that i could take it to a garage more local (as he is 52 miles away). I told him that i wasn't happy with the car being faulty after he had just had it to do the repairs and asked for a refund under the sale of goods act. He told me they didn't do refunds. I wrote a letter that day rejecting the vehicle under the sale of goods act. I never got a reply back. The car went ot a local garage to have that particular fault repaired. When i got the vehicle back, the other faults with the car that had been wit the car were back again, so I contacted the dealer again, who refused ( very rudely ) to have another more to do with the car.

 

I contacted citizens advice who advised me to reject the vehicle again in writing, which i did. he came back to me calling me a liar but offering to take the vehicle back for a repair or refund after he'd had the vehicle inspected. Due to one of the faults on the car I took it to an independent garage for a diagnosis, It came back that the original faults were still there and also what i thought was the power steering fluid leak cause a noise turned out to be a faulty driveshaft, it is excessively worn and has been deemed dangerous to drive by the independent garage. I wrote to the dealer again with a copy of the report and asked him to make arrangements to collect the vehicle as it is unsafe to drive and i am not prepared to put my life or anyone's else's life at risk driving it the 52 miles back to him.

 

He has now come back by letter received today saying it is my responsibility to get the vehicle back to him and if i don't his offer of a refund will be withdrawn !! he is also claiming that he has spoken to an MOT station who has advised him that the car is fit to drive as it has a valid mot and that the drive shaft would not have been checked on an MOT so the car is therefore still roadworthy !! Also stating that they have a baby and a ill parent an no facilities to come and collect it so i have to get the car back to them!!

 

he is asking me also not to send him any more letters and call him. I don't want to call him as of how rude he was the last time, also I feel intimidated by him. I've sent letters so i have proof of what i have said etc and because i was advised by citizen advice to do so.

 

Trading standards contacted me on friday afternoon have had a copy of the report are now looking into it.

 

I am concerned if i don't get the car back to him that i am never going to get my money back,

 

i am concerned that he'll try and sell the car to someone else in the state that it is in,

 

I am still without a car to use and i need a car as a necessity not a luxury. I hired one for a week but am running out of money now and can not afford to hire one again ( i have been told to claim these expenses back from him as consquencial losses )

 

Can he force me into returning the car, he is saying it is my responsibility to return it not his to collect ?? It an expense i really can not afford to get it back to him, then i am going to have the added pressures of taking him to court to recover the costs.

[Conniff]

So what are these faults and what makes it un-roadworthy ??

 

And lets name the dealer shall we.

[confusedmum]

The main fault being the drive shaft is excessively worn and the garage who has done the inspection has said that it could snap at any given time.

 

The gear linkage is excessively worn and you struggle to get it into gears, he has claimed to have replaced it but the garage has said that if its been replaced its been done with another one that was as bad as the first.

 

The power steering pump was faulty, and leaking fluid, it was replaced with a second hand one, which is ok, but it was leaking fluid again the garage found that a pipe had not been fitted correctly and have put it right now, so it is no longer leaking fluid.

 

The car had been steam cleaned the day we collected it, there was an odour coming from it of damp but was told this would go once the car had dried. But it hasn't its developed into a rancid odour that is so overpowering it makes you want to vomit. On taking out the seats there is dog hairs in between them so the wet doggy odour and mouldy damp smell is in the car, if you sit in it your clothes reek and your hair and skin, its vile.

 

The dealer is JK Cars (Derby) Ltd

[samie197]

i know this post is a few years old but now 2016 I am having the same problem with this dealer. sold me a faulty car now refusing refund. difference is I'm going to fight it every step of the way. he cant keep getting away with this. currently going through trading standards, next step court. just wondering did the original poster ever get things sorted or a refund?

[confusedmum]

OMG, I wasn't the first and knew would not be the last

 

I had to take him to court in the end to get the money back, also had to pay to have the car transported to him, he threatened me at court also !!!! he is a vile disgusting man!!!

 

His business is registered in his daughters name Jade kelly as the director, she had no idea of what was going on and had to call her dad when we returned the car because he had buggered off out for the day knowing the car was being returned, what he did not know at the time was my OH went with the transporter to take the car back and he recorded the conversation!! ........... he turned up at court with his daughter but did all the talking....... I managed to get the full refund of the car back and some of the expenses, but he kept the car that i traded in and made a profit off of that also........

 

feel free to PM me as I have all the emails from trading standards, plus the paperwork back and forth relating to pre the court case and after...... I hope you live nearby to him..... legally. wise... will explain in a pm why !!!!