Bought a faulty car Epic Motors Coventry - where do I stand? SOGA

[tmathew]

Hi everyone,

 

I bought a 08 Fiat Bravo from Jamie of Epic Motors Coventry on the 4th Oct 2014. On the 18th Oct 2014, it lost power on the motorway and could only do a maximum of 50mph while making a grinding noise.

 

I managed to pull into a parking lot and called RAC who diagnosed it as a broken turbo. Since I only had roadside assistance and was 120miles from home and it was midnight, I paid £300 to have the car recovered back to my house.

 

I got in touch with the seller on the 19/10/14 to see what he was willing to do. He initially offered to fix the problem free of charge but after speaking to him today (20/10/14) it turns out he thought I was a different customer when we initially spoke. He phoned me up, shouting and swearing and eventually said that I would have to pay to get the problem sorted.

 

At this point, what do I do? He has since sent me a text saying "Just so you no, the warranty was paying for the work on your car, as you have said NO to this being done, I cannot help"

 

At no point have I refused to accept repairs. But after finding out about his background, I do not trust the work that he would do on my car and have suggested getting the work done at a local garage I trust if he is willing to pay for it.

 

How do I go about rejecting the car/getting it repaired and reclaiming from him?

 

Thank you all for your help!

Edited October 21, 2014 by tmathew
Removing for the time being.

[rebel11]

Hi tmathew

 

Welcome to CAG

 

How did you pay for the car?

 

Also have a read of the following:-

 

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

[tmathew]

Hi rebel11, I paid £100 deposit via credit card, the remaining through my debit card. Thank you for the link, I will have a read.

 

I've currently arranged for my garage to pick up the car and assess it for repairs on Wednesday. Would this void any case I have?

[rebel11]

Hi tmathew

 

It's best to stay calm. 'Assessing for faults is fine', if they can write a report of what's wrong with the car that would be good, but don't carry out any repairs at all.

 

I think you need reject the car completely, but it's up to you. Repairing it and sending him the bill is full of pitfalls.

 

The good news is that you paid £100 by Credit Card. Get hold of the report on faults, then I can advise on a letter to send. You've got a couple of options if he doesn't refund, once you've rejected the car. Keep all the receipts i.e. collection of car etc.

 

Don't speak to him over the phone.

 

How much did you pay for the car?

 

 

Hi rebel11, I paid £100 deposit via credit card, the remaining through my debit card. Thank you for the link, I will have a read.

 

I've currently arranged for my garage to pick up the car and assess it for repairs on Wednesday. Would this void any case I have?

[tmathew]

Hi tmathew

 

It's best to stay calm. 'Assessing for faults is fine', if they can write a report of what's wrong with the car that would be good, but don't carry out any repairs at all.

 

I think you need reject the car completely, but it's up to you. Repairing it and sending him the bill is full of pitfalls.

 

The good news is that you paid £100 by Credit Card. Get hold of the report on faults, then I can advise on a letter to send. You've got a couple of options if he doesn't refund, once you've rejected the car. Keep all the receipts i.e. collection of car etc.

 

Don't speak to him over the phone.

 

How much did you pay for the car?

Thank you for your advice.

 

Since the car cannot be driven, I'd have to pay £50 each way to the garage to get the car checked out and get a report. I'm not sure if this is the best course of action, any help would be appreciated.

 

I bought the car for £3400 total. I'll stop talking by phone/text and send a letter rejecting the car. What can I pursue through the credit card company?

[rebel11]

If you can make the trip cheaper (£50 each way) do so. Don't write the rejection letter until you get the report.

 

Amend the following template, send the letter Recorded Delivery.

 

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

 

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

 

You paid by Credit Card so you can make a Section 75 claim.

 

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

 

 

Thank you for your advice.

 

Since the car cannot be driven, I'd have to pay £50 each way to the garage to get the car checked out and get a report. I'm not sure if this is the best course of action, any help would be appreciated.

 

I bought the car for £3400 total. I'll stop talking by phone/text and send a letter rejecting the car. What can I pursue through the credit card company?

Edited October 26, 2014 by Conniff
Correct typo

[tmathew]

If you can make the trip cheaper (£50 each way) do so. Don't right the rejection letter until you get the report.

 

Amend the following template, send the letter Recorded Delivery.

 

 

You paid by Credit Card so you can make a Section 75 claim.

 

 

Awesome, thank you! What do I do if he doesn't respond to the letter?

[rebel11]

From the history you provided, I fully expect him to ignore the letter. But you need proof that you attempted to resolve the matter with the dealers. As stated earlier you have other options, lets see if he does respond first.

 

Keep a copy of the letter you send, send it Recorded Delivery. Highlight the points in form the report in the letter.

 

Awesome, thank you! What do I do if he doesn't respond to the letter?

[DragonFly1967]

Awesome, thank you! What do I do if he doesn't respond to the letter?

 

I won't gazump rebel11 on this as they're helping you. But if they don't respond, you stand an excellent chance of getting all your money back. Even though you only paid £100 on your credit card, because you did, the credit card company would be liable (I think that's slightly the wrong word) for the whole amount of the transaction, even though £3,300 of it was on a debit card. The credit card company won't like it much, but 'thems the rules'

 

But as rebel11 says, you have to give the trader the chance to rectify matters first, even if he doesn't/won't respond, it's all a part of the process.

[letsgetitsorted]

dont forget to keep all and any text messages you get from the trader, they may well help later if you need to pursue this through county court.....sorry rebel11..just thought i would add that

[tmathew]

Thank you all for your input.

 

I'm trying to get a receipt from RAC that details the reason the car broke down, if I could get that, would that be sufficient or should I continue with an assessment at my garage too?

 

Once I have a documented proof of the faults, I'm going to send a letter to him rejecting the car and asking for a refund. At the same time, I am going to begin a Section 75 claim as I've been told I don't need to exhaust one to pursue the other.

 

Obviously, I don't trust the kind of work he would do on my car if he suggested a repair and since the car broke down just 2 weeks after purchase, I assume I am still well within the time range to reject the car for refund.

 

I'd just like to say again how thankful I am for all your help in this incredibly stressful time.

Edited October 21, 2014 by rebel11
Edited out conviction details

[rebel11]

A full assessments would help you with the Section 75 claim.

 

Although you can start a Section 75 claim, the Credit Card company won't make it easy, so if you have the assessment from your garage, the knowledge that the dealer has ignored your refund request, etc. It would be helpful in your claim.

 

Up to you how you want to deal with this matter.

 

The credit card company will contact to the dealer. So provide as much proof as possible to the Credit Card company.

 

He's said in one conversation that 'he would repair', then said he 'wouldn't as he believed you were another customer', so now he wants to 'charge you for the repair'.

 

Your post has been edited, it isn't relevant to your complaint.

Thank you all for your input.

 

I'm trying to get a receipt from RAC that details the reason the car broke down, if I could get that, would that be sufficient or should I continue with an assessment at my garage too?

 

Once I have a documented proof of the faults, I'm going to send a letter to him rejecting the car and asking for a refund. At the same time, I am going to begin a Section 75 claim as I've been told I don't need to exhaust one to pursue the other.

 

Obviously, I don't trust the kind of work he would do on my car if he suggested a repair and since the car broke down just 2 weeks after purchase, I assume I am still well within the time range to reject the car for refund.

 

I'd just like to say again how thankful I am for all your help in this incredibly stressful time.

[tmathew]

A full assessments would help you with the Section 75 claim.

 

Although you can start a Section 75 claim, the Credit Card company won't make it easy, so if you have the assessment from your garage, the knowledge that the dealer has ignored your refund request, etc. It would be helpful in your claim.

 

Up to you how you want to deal with this matter.

 

The credit card company will contact to the dealer. So provide as much proof as possible to the Credit Card company.

 

He's said in one conversation that 'he would repair', then said he 'wouldn't as he believed you were another customer', so now he wants to 'charge you for the repair'.

 

Your post has been edited, it isn't relevant to your complaint.

 

Aaah, fair enough, I just wanted to make sure I wasn't going mad and things weren't disappearing!

 

I will get a full report at an independent garage, before taking the matter forward.

 

On the 19th Oct 2014, when I called him up to report that the car had broken down the previous night, he was happy to repair the vehicle and get it sorted.

 

On the 20th Oct 2014, he sent a recovery truck to collect the vehicle, but since he thought I was different customer, he sent it to the wrong address. He called me up shouting and swearing because he thought I had misled him about which customer I was. He redirected the truck to my address but made it clear in the phone call that the cost of the repairs would come out of my own pocket. I wasn't happy to pay for repairs and didn't trust the kind of work he would do, so I rejected the recovery truck.

 

He then sent me 2 text messages later on in the day. (His messages in red, mine in blue).

 

"I'm glad you do not wait me to do your car, and I will see you it court"

"It's not a case of waiting for you to fix the car. You want to charge me to fix a car that broke down just 2 weeks after I bought it from you. That's not acceptable. If you actually want to fix the car free of charge, that's exactly the outcome I'm looking for"

"Just so you no, the warranty was paying for the work on your car, as you have said NO to this being done, I can not help"

"You never mentioned a warranty. You wanted me to pay. If your warranty covers it, let my independent garage do the work, pay for it, and we can put the whole thing to bed."

 

I have had no communications with him since and plan to only communicate by recorded delivery post.

Edited October 21, 2014 by tmathew

[tmathew]

The garage assessed my car today and reported that an internal bearing in the turbo has failed, causing the turbo to fail. A replacement is £650+fitting.

 

I asked them if turbos can be expected to fail at this mileage and they said no, not without significant neglect.

 

I'd like to send the letter rejecting the car now, do I need to include a copy of the report from the garage or can I just state what they've told me?

[rebel11]

You don't need to include the letter as you you will be stating that in your letter.

 

The garage assessed my car today and reported that an internal bearing in the turbo has failed, causing the turbo to fail. A replacement is £650+fitting.

 

I asked them if turbos can be expected to fail at this mileage and they said no, not without significant neglect.

 

I'd like to send the letter rejecting the car now, do I need to include a copy of the report from the garage or can I just state what they've told me?

[tmathew]

Letter sent, now just have to sit and wait!

 

Something that occurred to me though: what happens if he rejects the letter? Or if the letter is unable to be delivered (e.g. he just happens to never be at the address when the postman comes). What does the court make of a situation like that?

[rebel11]

Lets wait and see first.

 

Letter sent, now just have to sit and wait!

 

Something that occurred to me though: what happens if he rejects the letter? Or if the letter is unable to be delivered (e.g. he just happens to never be at the address when the postman comes). What does the court make of a situation like that?

[tmathew]

Lets wait and see first.

 

Letter sent 1st class on the 22nd of October and is still showing on Track&Trace as "We have your item" which I assume means they've not been able to deliver it to him.

 

Is there anything else I should do before beginning a Section 75 claim and taking this to court?

[rebel11]

Give them a call, find out why, 'if they have the item', why haven't they delivered it?

 

Letter sent 1st class on the 22nd of October and is still showing on Track&Trace as "We have your item" which I assume means they've not been able to deliver it to him.

 

Is there anything else I should do before beginning a Section 75 claim and taking this to court?

[tmathew]

Give them a call, find out why, 'if they have the item', why haven't they delivered it?

 

Just had a ridiculous conversation with their customer service. Even though it was sent by 1st Class, the regulators allow them up to 15 days to deliver the letter.

 

So right now, the letter is in their network, they don't know where, but it won't be considered lost until 15 days after I posted it. They told me that if they had atempted delivery and nobody was in, I would be able to see that online (I'm not sure that info is correct).

 

Obviously I'm concerned about how long I can leave before getting any legal proceedings/credit card claims started, so I'm getting a little antsy here!

[rebel11]

Ridiculous conversation, no surprises there, it doesn't make much sense.

 

Start the Section 75 claim now, no doubt when the dealer receives the letter, he will get in touch if he is inclined to do so.

 

Just had a ridiculous conversation with their customer service. Even though it was sent by 1st Class, the regulators allow them up to 15 days to deliver the letter.

 

So right now, the letter is in their network, they don't know where, but it won't be considered lost until 15 days after I posted it. They told me that if they had atempted delivery and nobody was in, I would be able to see that online (I'm not sure that info is correct).

 

Obviously I'm concerned about how long I can leave before getting any legal proceedings/credit card claims started, so I'm getting a little antsy here!

[tmathew]

While I've been away for work, I received this text message from him:

 

"Thanks for the comments on the net,

I can see you have lied,

 

 

you forgot to say I responded to your breakdown within 24 hours,

 

 

The garage who was pick the car was doing all the warranty work,

and you would have to call back within four days,

 

 

The garage has done a full report

why you would not let them have the car,

 

 

I have tried to help you and your the one that did not want the help,

 

 

so if you want to blame some one,

YOUR SELF for lying and making things so hard for me to help,

have a good day, Jamie"

 

I don't know whether this is worth replying to or not,

I want to keep all communications with through letter or through a 3rd party.

 

 

He did respond to my breakdown within 24 hours,

but only because he thought I was a different customer

and sent the recovery truck to their address first.

 

 

He told me that he has a turbo place that will do the work

which may or may not have been the garage that was picking the car up.

 

 

He made it clear on the phone that I would have to pay to get the turbo repaired/replaced.

 

 

If he really wants to help, he just has to accept the car for a refund.

 

I've also noticed that he has taken his website down (www.premiermotorscoventry.co.uk)

 

I have drafted a Section 75 claim letter and will send it off today.

[rebel11]

Hi tmathew

 

You don't need to reply, let us know how you get on.

 

People post stuff on the internet, it stays on there for a very long time.

 

https://web.archive.org/web/20131228161324/http://www.premiermotorscoventry.co.uk/?

[tmathew]

Hi tmathew

 

You don't need to reply, let us know how you get on.

 

People post stuff on the internet, it stays on there for a very long time.

 

https://web.archive.org/web/20131228161324/http://www.premiermotorscoventry.co.uk/?

 

I've been trawling through cached versions of his website too,

 

 

he's not hiding away just by taking it down!

 

 

Thank you for your support and advice throughout this process Rebel.

 

 

My CC provider confirmed I could start a section 75 claim by email,

 

 

so I've started the ball rolling on that. If I haven't received a letter from soon,

 

 

it'll be time to start court proceedings too.

[tmathew]

It's now been 2 weeks and no sign of a letter from him.

 

The Section 75 claim is ongoing, but they need 21 days to come to a decision (which should come to an end on Nov 21). Should I wait until then to proceed with court proceedings or begin right now?