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1 week old used car with faulty climate control **Settled **


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I bought a used car for £7000 with climate control which appeared to work on the test drive, but it was a cold day. Now I went to use it and it is only blowing warm air so the car is uncomfortably warm.

 

The car was advertised as having climate control and air conditioning, being well maintained and with 6 months warranty. They have stated they only cover major engine and gearbox faults under warranty. They are a decent sized garage with about 50 - 60 cars for sale ranging from £1500 - £30,000.

 

I've had the car a week and I'm otherwise happy with it. But if I had realized the climate control didn't work properly I would have offered less or bought elsewhere.

 

What rights do I have to get them to fix it or pay for a diagnosis and repair?

 

I accept I should have realized it wasn't working but then again so should they and they shouldn't have advertised it with Climate control if it doesn't work!

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every right

it was within 14 days so contract cancellation rights apply too

 

 

regardless to any stupid warranty

 

 

how did you pay?

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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every right

it was within 14 days so contract cancellation rights apply too

 

 

regardless to any stupid warranty

 

 

how did you pay?

 

 

dx

 

I paid on credit card and £800 was in part-exchange allowance for my old car.

 

edit: I don't really have the money to start investigating the fault now. Some research I have done online suggests the lack of cold air could (hopefully) be something as simple as a lack of gas in the system (£50), but could equally be a broken air compressor which is potentially £££'s to fix!

 

I mean it is a used car so I know fair wear and tear applies ,but really I'm annoyed as my old car was 15 years old with fully working air con.

 

I'm also not sure how to approach the garage, either to ring them or email or make it more formal in writing. They seemed friendly enough but all car dealers do until they have your cash don't they!

Edited by carbuyer101
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brilliant

 

 

then the credit card company is equally responsible under section 75

 

 

good move using that card!!

 

 

http://www.financial-ombudsman.org.uk/publications/ombudsman-news/31/creditcards-31.htm

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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brilliant

 

 

then the credit card company is equally responsible under section 75

 

 

good move using that card!!

 

 

 

Hmm, interesting link, thank you.

I'm quite reasonable, I don't expect a used car to be as new. But I don't see why I should be potentially paying out hundreds when I've only had the car 6 days and done 150 miles maximum. Clearly the air con system never worked from purchase.

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easiest way is to simply ring them.

it will prob simply be a regas as you say

but even if its not the answer, the fault is registered and should be fixed.

and leaves you open to go more formal if needs be

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Which garage please?

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easiest way is to simply ring them.

it will prob simply be a regas as you say

but even if its not the answer, the fault is registered and should be fixed.

and leaves you open to go more formal if needs be

dx

 

The dealer in question promised they would look at the climate control for me and fix it for free, they gave me the number of a person to call and said he would do the work and they would take care of the bill. I have had no luck getting in contact with this person. I also have some additional concerns about the car so I decided to put the car in for a service and MOT locally to make sure it is OK.

 

Now the car was sold to me with a current MOT until March 2016 and having only done a few hundred miles since its last MOT. However, it turns out the rear brakes discs are 'knackered', the front ones are 'not much better'. The drive shaft gator is split. The front suspension ball joints? Need replacing.

 

I've explained the situation to the garage and they kindly said they will do me a written report and a quote for the above work.

 

What is my next step with contacting the dealer? I feel they should either be having it fixed or they should be offering a contribution, clearly the car wasn't road worthy when it was sold to me.

 

 

Also the original issue of the climate control remains unresolved. I like the car but I have exhausted all my funds purchasing, taxing and now servicing it. I need them to fix it free/cheap.

Edited by carbuyer101
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Time now to tell them that you are taking it to a registered air con center and will pass that bill on to them.

 

 

"They have stated they only cover major engine and gearbox faults under warranty"

 

 

Is that in writing ?

 

 

It matters not as it's bull anyway.

 

 

As you have had the car such a short time, you can reject it for a full refund if you wish to travel that route.

Or go the easier route, and do an s75 claim on your card. That won't include the £800 pex on your old car, you will have to demand the return of that or the cash equivalent.

 

 

Make sure that any further contact with the seller is in writing only, no phone calls unless you can record those calls.

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Time now to tell them that you are taking it to a registered air con center and will pass that bill on to them.

 

 

"They have stated they only cover major engine and gearbox faults under warranty"

 

Is that in writing ?

 

It matters not as it's bull anyway.

 

As you have had the car such a short time, you can reject it for a full refund if you wish to travel that route.

Or go the easier route, and do an s75 claim on your card. That won't include the £800 pex on your old car, you will have to demand the return of that or the cash equivalent.

 

Make sure that any further contact with the seller is in writing only, no phone calls unless you can record those calls.

 

Thank you. No it was verbally about the warranty.

 

I have made a section 75 complaint to my card company now. I also gave both the card company and the dealer a letter detailing the complaint with the evidence I have.

 

The air-conditioning it appears there is no gas in the system so it could be a simple fix. The the other issues just need resolving to bring the car up to standard, but they might argue these are wear and tear if you see my post on the 27th?

 

I don't really want to reject the car as I would be considerably out of pocket now having had it taxed, serviced, inspected and insured. I would prefer they repair it so it matched what I was told I was getting..... actually I would prefer they offered a discount so I can pay for the repairs from a garage I trust myself.

 

At the moment they haven't got back to me at all, despite telling me earlier in the week the boss would get back to me. If I don't have a reply by the deadline I set next week then I will sent a Letter Before Action and file a money claim online, hoping the evidence I have is adequate evidence to win a claim. Also will name and shame them online reviews.

 

I'm starting to think all used car dealers are total [problem] artists as I had a bad experience with my last purchase a couple of years back as well. They promise aftercare and warranty but as soon as there is an issue they don't want to know.

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no gas sounds more like a more serious problem.

 

 

regassing might work for a month or 2 at best

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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no gas sounds more like a more serious problem.

 

 

regassing might work for a month or 2 at best

dx

 

They have offered a refund on purchase price of the car.

They will not look at the car, they will not repair the car and they will not offer any contribution towards the repairs if I get them done.

This is despite advertising it as having 6 months warranty.

 

The problem is by accepting a refund I will be without a car as they sold my part-exchange already.

I will be out of pocket for the service/inspection I had done and I will be out of pocket for the TAX on both cars

- as the DVLA only refund complete momths I will lose out on the TAX refund of my old car for 1 month and then again on the new car.

Minus the DVLA admin fees.

 

 

I will be about £400 out of pocket and they will make a profit on my part-exchange AND get returned to them a car that is in better condition

(having been serviced) than what they sold to me.

 

What are my rights here?

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Obviously they new about the air con problem but you didn't play along and just accept, so off you your money back so they can sell it to someone else who may not make a complaint but just go and get it done themselves. This does sound like more than a regas, I can't see them giving in so easily of something so simple.

 

 

The contract included your old car so they must return that as well as a full refund.

 

 

Do the refund and get your money back and then you can tackle them about consequentials. If they refuse to help cover what you have lost, make a complaint about their breach of contract and the damages you want.

  • Confused 1
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The contract included your old car so they must return that as well as a full refund. No I don't think so. If they've already sold it then all they have to do is give him the full purchase price back...eg if it was £6200 + £800 px then give him back £7000

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How are you progressing carbuyer, any update ??

No progress yet, just an exchange of letters in which they don't address the issues. I will no longer speak to them as they say and promise verbally is different to what they have written in letter or actually done. Based on their general attitude I suspect this is not the first time they have done this.

 

I've given them a final letter to respond to. I've advised my credit card company I want to dispute under section 75 as they are jointly liable. I've also contacted trading standards; they can't help directly they may investigate if they get enough complaints. If no solution is offered my intention is to get the repairs done and then sue them for compensation, they have been given ample chance to rectify the car themselves. My feeling is a court can decide who has been reasonable on the balance of probability of evidence available. If I lose I lose, if I win they probably wont pay out anyway. :roll:

 

I found 5 or 6 negative reviews for the company online now and while ther eBay account has lots of positive feedback I realized actually none of the positives are for selling. The only selling feedback they have is negative, so it seems I'm not alone.

 

On a side note, after reading this forum a bit and I'm starting to wonder if all used car dealers are chancers?

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That's great. It is certainly easier to sue for money that a service. If it should come down to you getting it done, get a quote and send them a copy before you go ahead to give them a chance to change their mind and do the right thing.

 

 

Yes they are chancers. Most small dealers get their stuff from auctions so they have no idea the condition.

They have this weird brain that tells them the law don't apply to them and once the money is in their sticky hand they have no further responsibility.

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Had some advice from trading standards that it would be difficult to prove the car is unroadworthy based on the faults that were found. (Which surprised me considering it failed an MOT on 3 of them).

 

However I can still take them to small claims court under the SOGA. I am awaiting a response from my card company about section 75.

 

It looks likely I will have to go to court and see if a judge agrees with me or them. I'm not sure if the best way to do a claim is to use the MCOL or do it in paper as I now have lots of letters/evidence to submit.

Edited by carbuyer101
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  • 2 months later...

Update to say the dealer intended to defend my court claim and it was due to go to mediation process in a couple of weeks time. I was claiming nearly £1400 for the cost of repairs plus court fee.

 

However I also made a section 75 claim through the credit card company and they have agreed to settle an £1100 refund "in remedy of breach of contract and misrepresentation".

 

I submitted lots of evidence which I think presented the investigator with a strong case under section 75: the car adverts, the sales invoice, the complaint letters to and from the dealer and the MOT failure certificate along with the estimated cost of repairs from Halfords.

 

It has been an inconvenience but I'm very happy with the result - I now have what I actually paid for in the first place. I hope my credit card company claws the money back from the dealer as I feel they were totally in the wrong not the card company, but that isn't my problem now.

 

I strongly suggest anyone buying a second hand car pay at least some of the balance on a credit card so section 75 coverage applies. If something goes wrong document everything; all phone calls, letters, emails, etc. And you are probably going to need evidence of a 3rd party inspection and written estimate for any repairs.

 

If it goes to court there is always the chance of losing, so I suspect if this had gone through to mediation most people would end up settling for much lower figures just to get something back.

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hey great result

 

 

glad we could help

  • Confused 1

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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