Jump to content



  • Tweets

  • Posts

    • The FCA has publicly censured Premier FX Limited (Premier FX) for failing to safeguard its customers’ money and for misuse of its payment accounts under the Payments Services Regulations. In doing so, Premier FX seriously misled its customers about the services it was authorised to provide and how it held customers’ money. View the full article
    • I have sent a response to quote that and also say that i will be submitting my already prepared claim to the county court   Thanks for the quick response! I will see what happens next
    • The High Street-only retailer says it has lost £1.1bn in sales due to the recent lockdown. View the full article
    • Ignore it.   Or,   If it were me I would send in the following email  
    • Below is the response i have received to the emailed version of the letter of claim.  They should get the actual letter today       Thank you for contacting our Executive Office team. My name is Gavin and your email has been received and I have personally been asked to investigate this matter for you.   I’m very sorry this has happened, and I would really like to help you with this today by assisting you in making a claim, should you wish to do so.   I can see that this parcel was booked through Packlink Shipping. Packlink use our network to send their parcels through, but they are an independent shipper and any enquiries about their parcels need to go directly to them.   Here is the link to the Packlink website and claims department: https://support-ebay.packlink.com/hc/en-gb/articles/360014270619   You can also make contact with Packlink with the links below.   • eBay Delivery Help Center: https://support-ebay.packlink.com/hc/en-gb • Packlink Help Center: https://support.packlink.com/hc/en-gb   I hope this helps you to get your Packlink enquiry resolved.   Kind regards,        
  • Our picks

    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
        • Like
    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

Motor Trader Issues on vehicle functions. Small Court Claim now issued ** Full Refund Given **


Please note that this topic has not had any new posts for the last 2029 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 All,

 

Sorry about the title first of all as did not know how to categorise the issue.

 

I bought a vehicle yesterday (18.10.2014) from a dealer / trader around 135miles away from myself, the vehicle is bought for the better half (the wife) and was located on ebay at a fixed price / classified ad.

 

I called the dealer / trader up around a week before and was advised the vehicle is all fine and no issues with it with a full service history and MOT records. I wanted the vehicle for the wife as it was top spec and an upgrade

 

I was advised I need to leave a holding deposit on the vehicle which would be refunded on seeing the vehicle and it is not as described.

 

I left a debit card deposit over the telephone and went yesterday to collect the vehicle, I was met by the trader and I went round the vehicle. I was advised at this point the vehicle hunts slightly when driving but found the AIR MASS METER unplugged.

 

Paperwork suggested this had been changed and once plugged back in the vehicle ran fine and no hunting.

 

The vehicle is fitted with a Sat Nav system which I have no operational skills of but the wife has one the same in her previous vehicle, I was advised by the dealer / trader the disks are missing for the system but it all works and disks can be purchased on ebay.

 

So the vehicle was bought, taxed using the wifes insurance that she had prearranged and I drove the 135ish miles back home without any problems.

 

The wife looked at the car and was happy untill she tried the button for the sat nav to open it as her old disks would work, upon attempting to open the system (pressing button) the screens gets stuck and switches off making a sound through the speakers.

 

 

After some internet research we believe the unit has packed up and as someone has tried to force it closed at some point.

 

I have contacted the dealer / trader regarding this but their response was "We don't try the functions on the car, the main thing is the unit is present". I have advised the dealer / trader that I would have expected them to test the functions especially when someone is parting with £5,500 for a vehicle.

 

The sat nav unit to buy second hand is around £450 - £500 and repairs are unheard of at the time being.

 

I was wondering if anybody would be able to help with where I stand with the above?

 

Many thanks in advance

Link to post
Share on other sites
  • Replies 89
  • Created
  • Last Reply

Top Posters In This Topic

Hi poor-boy

 

If he said the 'disks are missing for the system but it all works (to make that statement, they must of checked it) and disks can be purchased on ebay', well clearly that isn't the case.

 

Then to state the following ' We don't try the functions on the car, the main thing is the unit is present', clearly one statement contradicts the other.

 

What does the Ebay listing state regarding the SatNav?

If it does mention it, take a 'screenshot'.

 

Here is the guide for second hand dealers, please read it, it covers misleading statements inorder to sell a car:-

 

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

Link to post
Share on other sites

rebel11

 

I thank you for the reply, the advert states "Sat Nav" and I have the screen shots of the advert.

 

I was advised the system all works and the only fault stated at the dealers address was the hunting when the revs are between 1400 and 2000, the hunting was rectified by plugging the Air Mass back in.

 

Thanks for the link also and will have a read through it.

Edited by poor-boy
More info
Link to post
Share on other sites

Can't read it, it's to small.

 

Here is the advert.

 

I have removed the company details to protect all parties for the time being.

Link to post
Share on other sites

I have just copied the text and will work on how to make the advert bigger.

 

** SPORT MODEL WITH MONSTER SPEC!! **, FULL COMPREHENSIVE SERVICE HISTORY WITH SEVERAL STAMPS IN THE RECORD BOOK - MEANING IT HAS BEEN MENTAINED TO ITS VERY BEST! + A GENUINE WELL LOOKED AFTERED EXAMPLE + ULTRA RARE FANTASTIC SPEC, WITH £1000'S SPENT ON EXTRAS WHEN PURCHASED NEW + FULL LEATHER SPORTS INTERIOR FINISHED IN BLACK + FACTORY SATNAV SYSTEM + REAR PARKING SENSORS + HEATED SEATS PERFECT FOR WINTER + MULTIFUNCTIONAL STEERING WHEEL WITH CRUISE CONTROL FUNCTION + AIR CONDITIONING DIGITAL DUAL CLIMATE CONTROL ALONG WITH HEATED SEATS + REMOTE CENTRAL LOCKING + FULL ELECTRICS PACK INC ELECTRIC WINDOWS + CD PLAYER + THIS CAR DRIVES FAULTLESSLY, LOOKS AMAZING AND NOTHING THAT DETRACTS THE OVERALL EXCELLENT CONDITION OF THIS VEHICLE + A VERY SMOOTH TIGHT DRIVE PROVIDING AMAZING MPG! + LOOKS STUNNING,Name of company removed- TRADING FOR 25+ YEARS - QUALITY USED CAR CENTRE - DELIVERY/FINANCE ALSO AVAILABLE

Link to post
Share on other sites

It's listed, as everything is listed. It should be working, further you asked about it and were mislead.

 

Keep all communication in writing, send Recorded Delivery.

 

Have you read the link posted?

Link to post
Share on other sites

Thanks rebel11, I am currently reading the link you have posted (many thanks for that).

 

I will be sending them an email regarding the matter and also a copy of the email by recorded letter.

 

I will update this thread as I go along and would it be better to contact the Trading Standards in the area of purchase or leave it for the time being?

Link to post
Share on other sites

Hi poor-boy

 

http://www.which.co.uk/consumer-rights/problem/the-second-hand--car-i-bought-has-a-problem-what-are-my-rights

 

 

Thanks rebel11, I am currently reading the link you have posted (many thanks for that).

 

I will be sending them an email regarding the matter and also a copy of the email by recorded letter.

 

I will update this thread as I go along and would it be better to contact the Trading Standards in the area of purchase or leave it for the time being?

Link to post
Share on other sites

Below is a letter I have written to the company, is it any good and does it make any sense?

 

I purchased a vehicle from your selves on 18th October 2014, the vehicle was stated as fit for purpose and all functions listed in the classified advert on eBay (item number: XXXXXXXXX) including Factory Sat Nav.

 

The functions listed in the advert would have been tested by you to satisfy the sales of goods act 1979 being a motor trader.

 

I am informing yourselves the Factory Sat Navigation system is faulty and does not work as it should and no mention of this in the advert, after a telephone call to your selves it was stated by you (Ali) that you do not test the functions of the vehicle but merely just sell them.

 

The Sale of Goods Act 1979 makes it an implied term of the contract that goods be as described, of satisfactory quality and fit for purpose. As you are in breach of contract I am entitled to have the Sat Nav System repaired or replaced and I would request that you confirm that you will do this within the next seven days.

I also require you to confirm whether you will arrange for the Sat Nav system to be collected (will require removal from the vehicle) or will reimburse me for the cost of returning it.

I look forward to receiving your satisfactory proposals for settlement of my claim within seven days of the date of this letter.

 

I look forward to receiving your satisfactory proposals for settlement of my claim within seven days of the date of this letter.

 

Yours faithfully

 

Link to post
Share on other sites

Hi poor_boy

 

The XXXXXXXXX = name of dealership.

The OOOOOOOO = car model.

 

On 18th October 2014 I purchased OOOOOOOO, the vehicle was stated as fit for purpose and all items listed in the classified Ebay ad (item number: XXXXXXXXX) were deemed to be fully functional, including the 'Factory Sat Nav'.

 

As a dealer the items listed in the Ebay ad would have been tested by XXXXXXXXX to satisfy the Sales of Goods Act 1979.

 

I am informing XXXXXXXX that the Factory Sat Navigation system is faulty and does not work and this in not stated in the ad. After a telephone calllink3.gif to XXXXXXX it was stated by you (Ali) that you do not test individual items in the vehicle, but merely sell them on.

 

The Sale of Goods Act 1979 makes it an implied term of the contract that goods be 'as described, of satisfactory quality and fit for purpose'. As you are in breach of contract I am entitled to have the Sat Nav System repaired or replaced and I would request that you confirm that you will do this within the next seven days.

 

I also require you to confirm whether you will arrange for the Sat Nav system to be collected (will require removal from the vehicle) or will reimburse me for the cost of returning it.

 

I look forward to receiving your satisfactory proposals for settlement of my claim within seven days of the date of this letter.

 

 

Yours sincerely

Link to post
Share on other sites

Below is the reply from the trader, the reply is incorrect.

 

I like to start of by telling you that you were given the opportunity to fully inspect the vehicle and test drive at your pleasure.you were aware that the sat nav was not functional as it was apparent at the time of purchace.it showed on the system that the sat nav medium was not available therefore it would not work and also the screen tilt position was jamming too.upon your observations and comments you proceeded with the purchace.we cannot stress the importance of such items intensity as they were sold as seen and not tested and you were made aware of this.furthermore the vehicle was of satisfactory roadworthy quality as it had just undergone a 12 months mot by an independependent garage.in the circumstances we are not able to facilitate your claim .

Link to post
Share on other sites

Contact you card provider, explain what's happened, send them the following amended template. Send the trader's response's, a copy of the ad etc. Send it Recorded Delivery. The ad makes no mention of the Sat Nav not working.

 

'MEANING IT HAS BEEN MENTAINED TO ITS VERY BEST! '

 

The card provider will contact the dealer for their side.

 

http://www.which.co.uk/consumer-rights/action/letter-to-make-a-chargeback-claim-

 

http://www.which.co.uk/consumer-rights/problem/how-do-i-use-chargeback

 

Visa Debit Card
Link to post
Share on other sites

I just called my bank for the address to write a letter to the correct department.

 

They just tried to fob me off after I explained my reason to them, I have then spoken to a supervisor whom also tried to fob me off but I read my rights to him and he then provided a reference number.

 

Do I let the trader / dealer know what is going to happen next or leave it to the bank?

 

Keep you posted..

Link to post
Share on other sites

Leave it to the bank, but follow up with the amended template with the evidence, i.e. the responses from the trader, the ad etc. Put the reference number the bank gave you on the amended template. Send it Recorded Delivery.

 

I just called my bank for the address to write a letter to the correct department.

 

They just tried to fob me off after I explained my reason to them, I have then spoken to a supervisor whom also tried to fob me off but I read my rights to him and he then provided a reference number.

 

Do I let the trader / dealer know what is going to happen next or leave it to the bank?

 

Keep you posted..

Link to post
Share on other sites

Conniff, going by that all parts could be present, but don't have to function. I suppose, under those conditions going from A to B would be redundant.

 

A sense of humour at least - oh look, it's got an engine. :)
Link to post
Share on other sites

I have read the document sent by rebel11 regarding SoGA and what an interesting read.

 

I have filed the complaint with my bank after a right nightmare supervisor in the contact centre trying to fob me off.

 

Just waiting for the statement now off the person whom attended with me and also a price to replace the unit from Audi. the bank have asked for them.

Link to post
Share on other sites

Right gents and ladies, A little update -

 

I have today spoken to the better half (Wife) and we are going to reject the car, the reasons for this are -

 

*The vehicle was advertised with no faults listed.

*The vehicle was advertised as a 170BHP but is only a 103KW (140BHP).

*The Sat Nav system is broken and the seller stated it only required disks.

*The clutch bite point is at its maximum and after research it would require replacing including dual mass flywheel.

*Advertised as 132,000 miles, invoiced at 135,000 miles but the milometer read 135,317 miles

*The vehicle jerks very badly in 1st, 2nd and 3rd gear causing whiplash effects to driver and passengers.

*The tandem pump (vacuum / fuel pump) is dumping diesel into the engine oil (not major amounts, just leaking but have been advised this will knacker the turbo)

 

Just to replace the sat nav, clutch inc flywheel and tandem pump is going to cost just over £4,000 supplied only, now we know from previous correspondence with the trader / dealer they will refuse to accept this.

 

 

Whom should I contact next or still leave it with the bank as they are dealing with it currently?

 

We are not in a position to purchase another vehicle for the wife at the moment.

 

 

 

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...