Jump to content
  • Tweets

  • Posts

    • 3 threads merged please keep to one thread.   forget the calendar section of a credit - no-one bar the original creditor and the person can see that   its the summary status line the any potential lender will only see.   so as it stands, she as 1 or 2 in the calendar section which, correctly shows she was either late with the required payment for that month or short paid what should have been.   although these will effect here potential 'score'. as said above only the lender and her can see them
    • I haven't had a chance to read through his contract yet but he is insisting that it says of he leaves his position within 2 years he will have to pay back his course fees. I will read it properly though and get back to you  Thanks for your help so far 
    • Hi all,   New to the forum, so please feel free to move the topic if needed.   I need a little help with a used car: I bought an 04 BMW from a dealer about 2.5 weeks ago. It cost £1,600. I gave it a test drive and it seemed pretty decent so paid via bank transfer and took it home. The issue started when I took it on a national speed limit road as the car started to sway on the road. I reported this to the dealer and he agreed to fix the issue. He took it to his mechanic who informed him that it was the drivers side hub. They didn't have time to fit it so gave me the part and the option to use a local mechanic. The mechanic agreed it would be causing the sway, charged me £80, which the dealer refunded to me.  The car was improved but we went on a short break over the last few days and I drove the car about 35 miles away. The issue now is there is a rumbling sound, noticeable on motorways and it doesn't feel particularly safe, especially over deviations in the road. As the swaying was the main issue I can't say if that rumbling was there to begin with.   The dealer has been fair to me so far in refunding me the money but he did admit he only test drove the car and it wasn't checked over fully when I took it back the first time. My mechanic said the play on hub was so bad it should never have been sold in that condition. I have messaged the dealer this evening explaining the issue but he has been a bit defensive saying the car does not have a warranty and he has already spent money on repairing it. He will need to speak to his manager and get back to me. To be fair to him he has attempted to repair it but for me he should never have sold it without it being mechanically checked over.  What do people make of this? What are my options if he won't budge and I need to take it further. I would like a refund rather than another repair as I feel I have been pretty patient so far. At the moment I have a car that isn't safe and I can't afford to take a £1,600 hit in my pocket.   Many thanks,   Mark.  
    • I have threads elsewhere re a repayment plan (6 months) with Barclays Mortgages during a maternity leave. Arrears now paid, trying to re-mortgage but with great difficulty. Not really advised of dire consequences of this decision, trying to get SAR info but no luck with telephone recordings as yet. Complaint handler appear sympathetic but who knows to what extent. Looked at Which website and they mentioned a Goodwill Adjustment letter which I have never heard of. Intention of this thread was to see if anybody had used this to remove bad markers from their credit files.
  • 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
tj2002

Rejecting a faulty 2nd hand car - Not your usual case ***Resolved***

style="text-align:center;"> Please note that this topic has not had any new posts for the last 2070 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

Brief Overview:

I purchased a car around 5 weeks ago from a used dealer for around £1900 on the proviso they arranged for it to be serviced as advertised (it hadn't been).

Post purchase we arranged for the cambelt to be done at the same time for an extra £230.

 

After getting the car back various bits of trim had been put back shoddily and the car was seriously lacking power compared to before.

Turns out the dealer users an 'ex-ford specialist' mechanic moonlighting from his normal job and not an actual garage.

 

A week later it goes back to them to be fixed as the timing is clearly out,

I get it back and whilst it seems some power has returned it now idles at around 1200 rpm and sounds bad.

I also notice at this point that the Engine Management Light bulb has been removed

although I foolishly didn't check this pre-purchase.

 

I take the car back again and leave it with them for a week while I go away

and am told they will send to a different garage as I didn't want the same guy working on it.

 

 

I've picked up today to be told there is a fault P1381

- Variable Cam Timing Overadvanced (Bank #1)

but they're not willing to spend any money fixing it as it drives fine and must only be a fraction out.

 

I drive the car home and it's clearly in limp mode.

I decide to get it looked at by an independent with a view to getting it fixed and claiming the costs back from the seller.

 

The car has been looked over and come back with the following faults:

 

P1383 - Variable Cam Timing retarded

Serpentine Belt in poor condition

Oil and Coolant Leak

Bolt in top of rocker cover stripped of thread

Engine Oil Overfilled

Front and Rear Brake discs badly corroded

Exhaust Blow, Cracked Catalyst

No locking wheel nut found

 

Based on all this and the fact I've given them ample opportunity to fix the original issue,

which still isn't fixed I want to reject the car for a refund

but am unsure of the exact steps to do so.

 

 

My understanding is as follows:

 

Write a letter of rejection with reasons why

Await response

If none then send letter of intent re small claims court

If no response then start moneyclaim proceedings.

 

A couple of questions though...

 

What happens with the v5 document if I'm rejecting the car?

Do I mention the fact that I will consider court action if we can't reach an amicable arrangement.

Do I call to tell them that I'm rejecting the car before the letter?

Do I insist that they come and collect the car from me?

 

Sorry this is quite a complicated first post, any advice is gratefully received.

 

Cheers

 

Dom

Share this post


Link to post
Share on other sites

This might be better answered in the "Motoring" section.

Site team notified.

Share this post


Link to post
Share on other sites

Hi tj2002

 

Welcome to CAG

 

Have a read of the following:-

 

http://www.norfolk.gov.uk/view/NCC094699

 

How did you pay for the car? This is important so we can provide further advise to you.

 

This thread is fine in this forum.

Share this post


Link to post
Share on other sites

Thanks, I will read over that today. I paid over mine and my girlfriends credit card, plus some on a debit card.

Share this post


Link to post
Share on other sites

Hi tj2002

 

Send the following amended template to dealer, send it Recorded Delivery. In addition to what's in the template, explain that the car is ready for them to collect.

 

http://www.which.co.uk/consumer-rights/action/letter-rejecting-a-second-hand-car-bought-from-a-dealer

 

Because you paid by Credit Card that also allows you to make a claim against the Credit Card company, a section 75 claim.

 

http://www.which.co.uk/consumer-rights/regulation/section-75-of-the-consumer-credit-act

 

http://www.adviceguide.org.uk/england/consumer_e/consumer_different_ways_of_buying_e/consumer_buying_goods_and_services_on_credit_or_by_debit_card_e/consumer_extra_protection_when_you_buy_on_credit_or_debit_card_e/consumer_credit_act_1974_-_section_75.htm

 

 

Thanks, I will read over that today. I paid over mine and my girlfriends credit card, plus some on a debit card.

Share this post


Link to post
Share on other sites

Thanks, I've prepped the letter and will send it off today. Depending on their response would I be best fringe to claim back through visa first or through moneyclaim? I suspect the case may be too complicated for visa to touch.

Share this post


Link to post
Share on other sites

Why would it be too complicated for Visa to touch? The only thing that matters is that it's meets their criteria for Section 75 claims.

 

Thanks, I've prepped the letter and will send it off today. Depending on their response would I be best fringe to claim back through visa first or through moneyclaim? I suspect the case may be too complicated for visa to touch.

Share this post


Link to post
Share on other sites

Because the faults only came to light after the cambelt change. cab seem to think it may be covered under the supply of goods and services act 1982 rather than soga...

Share this post


Link to post
Share on other sites

I disagree with CAB, all these faults didn't occur after the cambelt was changed, they were inherent at the point of sale.

Granted the car isn't new, but that is a lot of faults.

 

Because the faults only came to light after the cambelt change. cab seem to think it may be covered under the supply of goods and services act 1982 rather than soga...

Share this post


Link to post
Share on other sites

But would they be deemed to be wear and tear items though. The lady at CAB said I could try for a refund but legally it may be questionable

Share this post


Link to post
Share on other sites

Read the link in post 3.

 

But would they be deemed to be wear and tear items though. The lady at CAB said I could try for a refund but legally it may be questionable

Share this post


Link to post
Share on other sites

I've just read through that, very useful stuff. However, the crux of my issue, as in the ecu fault relating to the cambelt change was not present at the time of sale although some of the other faults will have been.

Share this post


Link to post
Share on other sites

It matters not if the eng light was removed before sale or during an attempted repair. The fact remains there is a fault that you were not told about. Only things you have been told or things that you should reasonably be expected to notice while examining the car pre-purchase have no come back.

 

 

This also isn't a case of buying, disappearing for 5 weeks and then going back with a rejection, you have had constant contact with the seller.

 

 

Manufacturers don't have set points for timing because it's fun, the precision of the timing is critical and to say 'ah well it's near enough' just isn't good enough.

 

 

Do you have any of these things in writing ?

Share this post


Link to post
Share on other sites

I don't have anything in writing unfortunately, I didn't forsee any issues and thought I was being proactive getting the belt done. I've drafted a letter requesting a refund now, will see how it plays out but I feel less hopeful than I did this morning! Thanks so much for the advice and keep it coming

Share this post


Link to post
Share on other sites

It's very highly likely to certain he will reject your request. The motor trade hasn't got a stinking name for nothing.

Share this post


Link to post
Share on other sites

Just thought I'd give everyone an update on here in case it helps anyone in the future.

 

After a lot of work from and and a futile attempt to get the garage to refund me and return the car I instigated a section 75 claim against my credit card provider as, under the consumer credit act they are equally liable for the purchase of faulty goods. After an independent inspection which threw up all kinds of other issues (cracked CAT, perished bushes etc), my credit card provider have decided that it would be more cost effective to take the car off us and refund us the cost of the car, plus all consequential loss assosciated with the purchase (Cost of the cambelt change, attempted diagnosis and fix and inspection).

 

Obviously you should always inspect a car before you buy it and if in doubt, get someone more qualified to look it over, but while the law is often an ass, in the case of section 75, it's proven to be an absolute god-send!

Share this post


Link to post
Share on other sites

Christmas magic, congratulations.

 

 

This doesn't mean the seller has got away with it, they don't just pay and forget, they will now pursue him for a refund.

Share this post


Link to post
Share on other sites

Glad to hear the seller will get pursued now, thought they'd got away with it to be honest. I suspect the CC provider will carry a little more weight than I did

Share this post


Link to post
Share on other sites

CAB were wrong. Even though you were reluctant to carry out a Section 75, it's good to see that you followed the advice given.

 

 

Glad to hear the seller will get pursued now, thought they'd got away with it to be honest. I suspect the CC provider will carry a little more weight than I did

Share this post


Link to post
Share on other sites

Almost forgot, huge thanks to Rebel11 and everyone else who offered advice on this thread!

Share this post


Link to post
Share on other sites

Glad you got it sorted and the guys on here are excellent with advice

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...