Jump to content
  • Tweets

  • Posts

    • Only asking because I want to get my facts right before I approach the bank! Yes, BT is coming out of the same account.
    • not if they want to make the OP the named claimant no!! let them take the other party to court themselves!! the op can be a witness then..   one bitten...read this thread..      
    • eh? no valid contract!   is the BT coming out the same bank AC?  
    • Hi Sorry but i am still stuck on where to go next in all of this.   This week the dealer contacted me at the 11th hour to talk repair of my car. He seemed only interested in the repair in speaking of just one of the problems  and i was struggling to get him to commit to the other fixes required. I asked him about the service history log and the proof that he had changed the cam belt.   He has told me that he will chase the service log book through his accountant. (I'm confused why through his accountant) and that his mechanic would provide the paperwork for the cambelt work, although he is away until September. (I dont believe any of this. He has had months to do this)   Back in June he said in a text to me that he would get my car fixed once his supplier opened for business from the 4th July and arrange a date with me. From that date onwards i was unable to contact him. He didn't answer his phones or reply to my texts or answer machine messages. He has told me now that his business was closed during that time.    I asked him about the 3 recorded messages i had sent him that were signed for. He said that he has not seen any letters. Somehow though he has sold 10 cars throughout May, June and July. I have been watching his stock level on Autotrader and he has been advertising his new stock and his sales on facebook throughout this period. Also he has chosen to contact me this week on the night before i was stating i would take action.   Frustratingly i expressed my desire to return the car to him for a refund and he has told me that because i didn't reject the car in the first 30 days then that wont happen. How could i reject the car if his business was apparently closed, we was not responding to me other than initially putting off any attempt at repair work.   I am feeling completely cheated by this man. He has even accused me of purchasing a car from him that i knew was faulty!!    I have shared my story recently on a Land Rover forum and interestingly a member of the forum has come forward and told me that he had also test drove the car before i did. He said the car displayed the errors i am experiencing and that the dealer had acted suspiciously. This forum member has offered to write me a statement if its of any use?   September the car is due an MOT and it is likely to fail because of the work he has not done. If i take this matter to court and it takes 6 months then what do i do if the car fails the MOT or the faults cause the car to brake down? I need this car for travelling to work and back.   Is it a viable option for me to get the car fixed myself and then claim that cost at court? I need a working car and i do not trust this dealer. He is clearly telling lies and i dont trust him completing the work to a satisfactory level if at all. Im assuming he is wanting to wait for HIS MECHANIC to get back from his holiday too. Strange time to be away for several weeks.   If i was to get my garage to do the repairs i could also ask them to confirm if the cambelt was ever changed. I'm convinced it wasn't.   Please advise. I am incredibly stressed out.
    • Do they need the insured's permission?  Won't the insured have agreed for the insurer to have conduct of any claims and to assist in any court case(s)?   I don't understand why the OP is reluctant to assist their former insurer?
  • Our picks

    • Curry’s cancelled my order but took the money anyway. Read more at https://www.consumeractiongroup.co.uk/topic/423055-curry%E2%80%99s-cancelled-my-order-but-took-the-money-anyway/
      • 11 replies
    • Father passed away - Ardent Credit Services (Vodafone) now claiming he owes money. Read more at https://www.consumeractiongroup.co.uk/topic/423040-father-passed-away-ardent-credit-services-vodafone-now-claiming-he-owes-money/
      • 9 replies
    • Currys Refuse Refund F/Freezer 5day old. Read more at https://www.consumeractiongroup.co.uk/topic/422656-currys-refuse-refund-ffreezer-5day-old/
      • 6 replies
    • Hi,  
      I was in Sainsbury’s today and did scan and shop.
      I arrived in after a busy day at work and immediately got distracted by the clothes.
       
      I put a few things in my trolley and then did a shop.
      I paid and was about to get into my car when the security guard stopped me and asked me to come back in.
       
      I did and they took me upstairs.
      I was mortified and said I forgot to scan the clothes and a conditioner, 5 items.
      I know its unacceptable but I was distracted and Initially hadn’t really planned to use scan and shop.
       
      No excuse.
      I offered to pay for the goods but the manager said it was too late.
      He looked at the CCTV and because I didn’t try to scan the items he was phoning the police.
       
      The cost of the items was about £40.
      I was crying at this point and told them I was a nurse, just coming from work and I could get struck off.
       
      They rang the police anyway and they came and issued me with a community resolution notice, which goes off my record in a year.
      I feel terrible. I have to declare this to my employer and NMC.
       
      They kept me in a room on my own with 4 staff and have banned me from all stores.
      The police said if I didn’t do the community order I would go to court and they would refer me to the PPS.
       
      I’m so stressed,
      can u appeal this or should I just accept it?
       
      Thanks for reading 
      • 16 replies
alexdennis

rejecting Car under soga 1979, advice needed regarding v5 document

style="text-align:center;"> Please note that this topic has not had any new posts for the last 2131 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

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

Share this post


Link to post
Share on other sites

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.


Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites

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.


Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...