Purchased a second hand vauxhall and its busted ** WON IN COURT **

[purpleunicorn]

2 weeks ago today I purchased from a dealer a Vauxhall zafira 2003

MOTd till March I was told it had only just undergone a service and was fine for driving

In urgent need, I paid £675 and they delivered it when it was ready, Being a dealer I trusted them totally, they had nothing but good feedback

Bare in mind also I am a new driver and unsure what to look for in cars ie faults and things, but she test drove perfectly.

 

A few days later going down hill, with 4 children in the car My brakes failed, managed to get to a garage safely and quickly and paid for them to be sorted, considering the trader had claimed a new brake cylinder had been put it in, I was annoyed.

 

Then a engine management light popped up, I mailed trader and she said Lamba sensors are damp, it will be fine, the car had little to no power and was struggling on hills in 2nd, and I could drive it with the handbrake on, also when handbrake was off you could flick it and it would say it was on!! so I asked my brother who builds bikes to have a look

 

He found a split Tyre, battery tray was broken, one of the pipes that should blow hot air into the car was loose, Underpowered was because it was running at half power and the light coming on was the catalytic converter,

The battery tray alone is apparently a instant MOT failure.

 

I called the trader and she booked it into the garage to be looked at, garage spotted everything my brother had and rebooked for it to come back in, I went back a few days later and the garage did what only the trader told them to do. despite the garage saying the cat needed replacing the trader wanted it sprayed and apparently that would fix it.

 

6 hours later (yesterday) I was on my way home tired, and cold and wet and hungry ( 6 hours in the pouring rain in middle of no where is no fun!)

This morning, engine management light came back on and this evening the clutch failed on the middle of a roundabout!!

I managed to get it to the side of the road and called green flag who towed me home

 

Now I spoke to the trader yet again and shes saying its driver error that broke the clutch, I made up about the hand brake and that there was nothing wrong with it and that she will look into getting the clutch repaired cheap as poss but If I sold it off as said I will, then I am going to be out of pocket because of how much the clutch is going to cost!

 

I have asked her to refund me as she has sold me a car that wasn't fit for the road but she said I am wrong, there is nothing wrong with the car and I can go to trading standards but she will be in the right and I don't have a leg to stand on!

 

Do I have any rights here or have I screwed up?

[i hate bailiffs]

How did you pay for the car?

You are well in your rights to reject the car

Put things in writing give them a time limit to get things sorted

 

If they fails ourt will be the next step

Chance of success will be high

[Old Cogger]

The Consumer Rights Act 2015 is the biggest shake up in consumer rights law in a generation and seeks to simplify, strengthen and modernise UK consumer law.

The act replaces three big pieces of consumer legislation - the Sale of Goods Act, Unfair Terms in Consumer Contracts Regulations and the Supply of Goods and Services Act.

The Consumer Rights Act introduces:

30 days to get a refund For the first time a specific timeframe has been created in which you can reject a faulty item and get a full refund - now 30 days

A 'tiered' remedy system In place for faulty goods, digital content and services, this means your rights to a refund are now more clearly set out. Whether you're entitled to a refund depends on how long you've owned the product.

Failed repairs After one failed attempt by the retailer to repair or replace a faulty item, you're entitled to ask for a refund or price reduction.

A second repair or replacement If you don't want a refund or price reduction, you have the right to request another repair or replacement at no cost to you.

Deductions from refunds No deduction can be made from a refund in the first six months after purchase. The only exception to this is motor vehicles, where a reasonable reduction may be made for the use you’ve had of the vehicle.

Digital content rights This new law gives consumers rights in relation to online digital content that is paid for, digital content supplied free with other paid for items and digital content supplied on a physical medium, such as a DVD.

Unfair terms in consumer contracts It will now be easier for consumers to challenge hidden fees and charges. Now the key terms of a contract, including price, may be assessed for fairness unless they’re both prominent and transparent.

Pre-contract information The Consumer Rights Act states that if a retailer provides pre-contract information in relation to a service and the consumer takes this information into account, the service must comply with that information.

Useful links

 

Our guide on what to do if you have a faulty product

Our guide on what to do if you have faulty digital content

Our guide to your rights if you've bought a second hand car

Our guide to challenge an unfair term in a contract

Product quality

 

As with the Sale of Goods Act, under the Consumer Rights Act all products must be of satisfactory quality, fit for purpose and as described.

The rules also include digital content in this definition. So all products - whether physical or digital - must meet the following standards:

Satisfactory quality Goods shouldn't be faulty or damaged when you receive them. You should ask what a reasonable person would consider satisfactory for the goods in question? For example, bargain bucket products won’t be held to as high standards as luxury goods.

Fit for purpose The goods should be fit for the purpose they are supplied for, as well as any specific purpose you made known to the retailer before you agreed to buy the goods.

As described The goods supplied must match any description given to you at the time of purchase.

Who should you claim against?

 

If what you’ve bought doesn’t satisfy any of the three criteria outlined above, you have a claim under the Consumer Rights Act.

If you've bought a faulty product, you can read our guide which shows you what you should do and how to make a claim.

If you want to make a claim under the Consumer Rights Act, you have several possible ways of resolving your issue, depending on the circumstances and on what you want to have done to remedy the situation.

Your rights under the Consumer Rights Act are against the retailer – the company that sold you the product – not the manufacturer, and so you must take any claim to the retailer.

What you can claim depends on how much time has passed since you made the purchase. Read on to find out what your rights are in the first 30 days after purchase and beyond.

30-day right to reject

 

Under the Consumer Rights Act you have a legal to reject goods that are unsatisfactory quality, unfit for purpose or not as described and get a full refund - as long as you do this quickly.

This right is limited to 30 days from the date you buy your product. After 30 days you will not be legally entitled to a full refund if your item develops a fault.

This right to a refund doesn't apply to purely digital products though - such as music, games or apps that you buy as downloads.

You can however ask for a digital product to be repaired or replaced if it develops a fault.

[Old Cogger]

http://www.which.co.uk/consumer-rights/regulation/consumer-rights-

 

READ THIS

[purpleunicorn]

 

READ THIS

 

Link doesn't work, can you relink or let me know what to look for?

[purpleunicorn]

How did you pay for the car?

You are well in your rights to reject the car

Put things in writing give them a time limit to get things sorted

 

If they fails ourt will be the next step

Chance of success will be high

 

 

Paid by bank transfer, deposit was paid then final paid via transfer when they arrived with the car

She won't talk on the phone and will only send me messages via facebook

 

She has offered now to repair the car at trade price but I have to pay it, to have a car for 14 days and for it to land in a garage 3 soon to be 4 times surely that is wrong

 

I need to send her a formal email hows best way to word it?

[Old Cogger]

Link doesn't work, can you relink or let me know what to look for?

 

 

Scroll down to Consumer right home then right hand side of page states:-

 

http://www.which.co.uk/consumer-rights/regulation/consumer-rights-act/

[purpleunicorn]

thank you

I am thinking of putting a SORN on the car as I have no faith in it to use it, will this effect anything?

[i hate bailiffs]

Paid by bank transfer, deposit was paid then final paid via transfer when they arrived with the car

She won't talk on the phone and will only send me messages via facebook

 

She has offered now to repair the car at trade price but I have to pay it, to have a car for 14 days and for it to land in a garage 3 soon to be 4 times surely that is wrong

 

I need to send her a formal email hows best way to word it?

 

Repair the car at trade price is not a option

Any repair should be at their expense not you

 

Put it in writing what you want done rejection may be the best bet

If they womt refund ALL the momey

Take court action

[purpleunicorn]

thanks for the advice, last question for now, as the car is unusable, would it best to SORN the car?

[Conniff]

I would give them one week to come and collect. State the problems and say that under the Consumer Rights Act 2015 you are rejection it and that they have 7 days to collect the car at their cost as per the regulation.

You can tell them that if they fail to do this that further action will be taken.

 

Send it by recorded delivery.

 

Can you name the dealer please purpleunicorn ?

[purpleunicorn]

I would give them one week to come and collect. State the problems and say that under the Consumer Rights Act 2015 you are rejection it and that they have 7 days to collect the car at their cost as per the regulation.

You can tell them that if they fail to do this that further action will be taken.

 

Send it by recorded delivery.

 

Can you name the dealer please purpleunicorn ?

 

It's not a dealer as such, its a husband and wife who runs out of their own home, but has around 10 cars all the time, they are 40 mins from me, at present as I have in the past couple days seen them *bully* others online, until I get a result I will not be naming them.

 

I have sent a letter this morning and said I want a full refund within 7 days, should have put about them picking up the car too didn't think about that

[Conniff]

If they are trading, they 'must' have a trading name, do you know what that is ?

[purpleunicorn]

If they are trading, they 'must' have a trading name, do you know what that is ?

 

Someone else has asked me this, but no they don't trade under any name, they just use their own name and work from home. They don't have a website, just word of mouth and a facebook group they advertise in, the face book group is run by someone else under a general name, but they advertise a lot on there

 

She claims she is registered and insured, thinking about looking into them more but not sure where to start, if you think you could help I could send you her information privately?

[Conniff]

Now I spoke to the trader yet again and shes saying its driver error that broke the clutch

 

Nice to see a woman who is an expert mechanic and can diagnose from a distance. I wonder if she can foresee the lottery results.

[purpleunicorn]

Well the letter was sent monday first thing signed for recorded, she has not picked it up from the post office, I gave her 7 days from the date of the letter to respond, she is still advertising online so clearly has been home etc

I stated in letter 7 days but as she doesn't have it yet, when do I start the 7 days? I was going on monday if no response start the small claims route, but ahh I don't know what to do? do I still do that even if she doesn't have it yet

[Conniff]

When you say 'not picked it up', where was it sent, to a Po box or her home address ?

[purpleunicorn]

home address tracking code says unable to deliver red card left

[purpleunicorn]

When you say 'not picked it up', where was it sent, to a Po box or her home address ?

 

will PM you

[Old Cogger]

home address tracking code says unable to deliver red card left

 

 

 

Notification of package/letter to be picked up at Sorting Office no doubt

[neil6534]

They are obviously dealers, probably buying at auction and pretending they are private sellers as they "think" this will stop private buyers from returning faulty vehicles....if this goes to court and you should threaten legal action, then the judge will or should see them as dealers/trader

It's not a dealer as such, its a husband and wife who runs out of their own home, but has around 10 cars all the time, they are 40 mins from me, at present as I have in the past couple days seen them *bully* others online, until I get a result I will not be naming them.

 

I have sent a letter this morning and said I want a full refund within 7 days, should have put about them picking up the car too didn't think about that

[oddjobbob]

If they have 10 cars then its unlikely they are trying to pose as private sellers.

 

I don't know what your expectations were of a £675 car, but nevertheless it should be safe. At £675 though you are talking banger money.

 

If I were you I would spend a bit more and get a better car next time.

[purpleunicorn]

If they have 10 cars then its unlikely they are trying to pose as private sellers.

 

I don't know what your expectations were of a £675 car, but nevertheless it should be safe. At £675 though you are talking banger money.

 

If I were you I would spend a bit more and get a better car next time.

 

I am new to cars, to me £675 is a lot of money, we are not flush with cash and considering my first car a few months ago was only £150 and lasted till upgraded this £675 is luxury!!

I am now able to purchase another car whilst I fight for a refund for this one, luckily my budget is £2000! so hoping i get better now!

[oddjobbob]

I completely understand, that's all you could afford...whatever price you pay the car should at least be safe: at £675 it WILL have faults...but it should be safe

[purpleunicorn]

Well she got her letter last night, she has 7 days, it was dated 9th November, she now has till Monday to get her butt in gear!!