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alexdennis

rejecting Car under soga 1979, advice needed regarding v5 document

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Hi, I purchased a car just over 3 weeks ago and it has been took back to the dealer for a few snags (its covered by a 360 day warranty that I got no paperwork for!) one of the snags was dashlight errors for seatbelts and airbags, the dealer told me that his diagnostic couldn't read a fault, so he took it somewhere else and their machine came up with an unknown fault and that he would have to take my car to the main dealers but it would take a week to get booked in, in the meantime I noticed 3 connector blocks hanging right down under the glove box, these were meant to be held up by fir-tree slotted clips, I decided to just locate them back into their original position using the clips, 5 second job really but it took away the airbag and seatbelt error lights from the dash :)

 

 

 

Last saturday it went back to them again with a whirring noise coming from nr the alternator.

Their mechanics thought it was idle tensioner and told me to leave it with them, I happened to tell them that I had reclipped the connectors back to their original position and that the dash error lights had gone off, I think they were relived that they wouldn't have to take it to the main dealer!!! The next day (sun ) I phoned them back to be told a load of rubbish about them changing tensioner and they had to change the waterpump also but the waterpump needed coding to the engine!!. They then told me in a later phone conversation that a diagnostics expert was coming out to do it.

 

On Monday I called the dealer to be told that the diagnostics guy had said that they couldn't do the cars timing because the wiring was a mess, guess what, it was my fault for just sticking the connector blocks back in their rightful place and now my warranty was void, I was fuming with him and I think that he realised he couldn't lie to me so he backed down!!

I called kicked off due to having lots of days off to work to wait for a car that isn't getting back to me, I asked for a courtesy car, they didn't have one, but the dealer offered to take me to work in the morning.

 

I knew that he had been lying to me since day 1 and decided to put my mobile phone on audio record for the works journey, he tried to make tons of small talk but said that I would get my car back that day, I questioned exactly what work was needing doing and whilst on record I have him telling me again that his mechanics couldn't do the timing due to the wiring being a mess!!

He called me at lunchtime that day and told me the car was sorted and that he would drop it off at work. He arrived with it on a recovery truck with him and one of his mechanics in the cab, well as you can imagine, alarm bells were going off, he showed me the panel where the diagnostics are plugged into and told me that it had been hanging off and that's what the problem was, apparently he took it to a main dealer and it cost him £300 ( more lies) I made sure he accompanied me on a test drive, I recorded the conversation again on my mobile phone, on the testdrive I raised concerns that the whirring noise was still audiable and he just said that it was fixed, had a new waterpump.

 

I parked the car in my works car park and noticed a little later on that the expansion tank was bone dry, not a drop of coolant in it, I was furious and called the dealer to reject the vehicle and ask for a full refund and part-ex back, he basically laughed at me.

 

 

To cut a long story short, the day after I had a recovery truck take it to a local garage for a strip-down and written report on the findings, the garage called me mid afternoon and told me to go up there, when I got there, the mechanic told me that the engine was completely void of coolant, a ton of oil had been thrown around the tensioner to try and hide the noise and that the so called new waterpump is actually the original one from manufacture!! He pointed it all out to me and I got a few grainy mobile phone pics, but im sure that this inspection report wont need pics to prove a point.

I have drafted a sale of goods act letter to the dealer and am awaiting my vehicle inspection report to be mailed from the garage so that I can sent it to the dealer.

 

 

I have noticed though that the sale of goods act 1979 states......

Where a customer is entitled to a full refund because they

have not accepted the goods but have agreed that you may

repair or replace the goods, they can claim a full refund if

the repair or replacement is

. taking an unreasonable time, or

causing an unreasonable inconvenience, or

if the repair or replacement is not satisfactory when

they receive it

 

 

This is confusing me because it was down to a non-existent repair that I decided to reject the vehicle (goods), does this mean that I will have to give them another go at repairing, or could I just go straight for the full refund? I obviously don't want the car going anywhere near them unless its to hand over for a refund, they left it with no coolant in it, didn't do repairs that they stated they had and basically left it with untold damage due to driving with no coolant. If I hadn't noticed the lack of coolant then I would have been driving it till it went bang!!

 

 

any help would be appreciated. thanks

Edited by Conniff
Added some formatting

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Stop driving the car.

 

Put everything in writing. Get all reports - photos etc while you have the car.

 

Then write to them, reject thee car and ask them to remove it. As you know that you are dealing with a garage which is not telling you the truth, you may as well come straight out and tell them that if they don't take the car and refund you all your money plus any expenses within 14 days that you will sue them.

If you are keeping the car off-road, then tell them that after 7 days they will incur a daily storage charge - - say, £20 per day.

 

ON day 15 - sue them.

 

In the meantime start reading up how to start a small claim in the county court and preparing your claim form. It won't be very difficult.

 

If you are keeping the car on the street - then I would suggest keeping it away from your address to avoid the possiblity of "accidental" damage overnight, which could complicate things for you (has happened!)

 

Keep on recording all calls - but also log them and keep notes of all the details and of any other contact.

 

Make it clear in your LBA that you are not prepared to compromise on this.

 

If you aren't prepared to take the above action - then don't bother to write. Don't bluff.


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thanks very much Bankfodder, i fully intend to follow this through even though im having to borrow cars to get me to work!

The car is on the premises of the garage that undertook the vehicle report for me and they will give me a call to remove if it becomes in their way.

So are you saying that my letter should include the garages address and that they need to go there to remove it? i wouldn't want them to try and question the garage about their findings as this would not be fair, could i have the car transported my my home address and to ask the dealer to pick it up from there?

I am aware that the garage filled the engine of the car with water to anticipate whether there had been any leaks, when undertaking the inspection, as it happens there wasn't, but the expansion tank will obviously now be full of water, would this matter as my letter will include that it was left with me on the 24/06/14 with no coolant in?

If the vehicle is removed by the dealer before i am offered any type of refund, im pretty sure that the dealer will have his mechanics to strip the car and put in a new tensioner and waterpump!! What would happen in that scenario?

 

 

many thanks

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In your letter describe what action has been taken to identify the problem. I hope for your sake that it is not the engine which has been filled with water!!

 

I wouldn't complicate things any more. Get them to collect the car from where it is now.

 

Once you have rejected the car, you don't have agree to or accept any more work on it.


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Thanks once again Bankfodder, just a couple more little questions before I leave you in peace :)

1, as the v5 document (logbook) is now in my name, do I leave that with them in the vehicle for when /if they collect the vehicle?

 

 

2, should I contact my insurers and cancel my policy or would it be wise to keep paying until the car is refunded? (I am thinking about the cost involved of cancelling my policy :)

 

 

3, would the vehicle report that I have had done be permissible in court if things couldn't be resolved? or would they require a proper costly technicians report, but at that stage the dealer could have already done the works needed?

The garage who done the report are a very reputable garage and are in close proximity to my place of work for the vehicle to be sent there on a recovery truck with the minimum of disruption and cost to myself

 

 

4, and finally, if the vehicle gets collected by the dealer before an agreement to settle/ proceedings, there wouldn't be anything to stop him stripping down the engine and replacing the waterpump and tensioner before requesting his own inspection on the vehicle would there? That would mean that he would be putting in question, the evidence that I have! From my short -term 3 weeks of dealing with this rogue trader, im pretty sure that this scenario could well happen!

 

 

I know that there are a lot of ifs and buts, but I want to cover all bases as I could honestly see this trader trying on things like this!

 

 

many thanks once again

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I am going to mail my rejection of a used Car to the dealer early next week, I am claiming for a full refund and my part-ex back. The last paragraph of my letter gives the dealer the address of the service station where the car is stored and tells him that he has 7 days to respond and remove the vehicle to avoid daily storage charges. I really don't know what yo to with the logbook (v5 document) do I keep it in the car for him or retain it until he agrees a refund? If he removes the vehicle but then I don't hearfrom him, what would happen then? Also I've not yet informed my insurers as I dint want to get billed for the whole years insurance, do I keep it insured or tell them if the vehicle gets removed? Any advice would be great, thanks in advance.

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Where is the merged thread? This is very relevant to my current situation

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This is the 'merged' thread. The best thing to do is start your own thread.

 

Where is the merged thread? This is very relevant to my current situation

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