CRA 1/10/15 statutory repair?

[NGEddie]

Hi all!

 

This could hopefully be an easy one

 

Car needs repair, just over 30 days since purchase, garage are agreeing but I want to retain my one shot repair option.

 

How do I word an email reply to ensure I retain my right to reject and ask for refund or reduction if not repaired properly, pleeeease?

 

Basically they offer a three month warranty but I want it done as a statutory repair and not a contractual one.

 

Cheers

 

NGE

[Conniff]

You would say something like 'this repair does not reduce or relinquish my right to reject the car and that I retain my right to reject the car under The Consumer Rights Act 2015'.

If they have mentioned the 30 days, then you could also add that 'the 30 days mentioned in the act is not a cut off date for rejection and does not diminish or reduce my statutory rights'.

 

Edited to ask - what's up with the car ?

Edited November 21, 2015 by Conniff

[NGEddie]

Just sent you pm mate!

 

 

Ideally just needing to know that its ok for me to get the place I bought from to pay another competent specialist of my choice to fix the car without affecting my one attempt to repair or reject rights?

 

 

I did try to initially get sellers garage to repair but cannot do anytime soon so causing me inconvenience and am maybe losing faith in them a bit :/

[NGEddie]

One bit I need to make 100% sure of though. The garage has given their own three month warranty with lots of rules which I am obviously going to ignore and make clear I am not using so as not to get into contractual warranty repair and give away any rights.

 

 

The garage has agreed to pay for a specialist, who I chose, to carry out diagnostics on the car and to talk again after the results come through which im sure is ok?

 

 

I was going to allow the place I got it from to carry out what ever work is needed to rectify, however I can only go on a Saturday, they don't have courtesy cars and they are busy for a few weeks and haven't even confirmed that date yet! Maybe being awkward but not sure, therefore causing me inconvenience and maybe I am losing faith in them.

 

 

So I would like the specialist to carry out any work needed and the place I got it from pay, as I believe this is fine and wont affect my statutory rights to reject IF it cant be fixed first time?

 

 

Ideally I just want it fixed and not to give it back, but I also don't want to be stuck with it if they cant get it right!

[Conniff]

A warranty has no bearing nor does it take any precedence over your statutory rights. They cannot make you take the warranty route if you don't want, it will probably be declined anyway as wear and tear.

Warranties are designed to drag customers in by supposedly giving them piece of mind.

 

So go the statutory route as is your right.

 

One thing you can't demand is that someone else puts the problems right.

 

After a couple of attempts by the seller, if it is then still the same, you can tell them you are rejecting for a full refund or taking it to the main dealer to be fixed and will be giving them the bill. Their choice.

 

Reject, repair or replace is the sellers choice. This is so a car isn't bought for a specific reason ie wedding and then returned for a refund after the wedding stating it is duff.

Edited November 23, 2015 by Conniff

[NGEddie]

Thanks Connif

 

So it seems the fault is intermittent I took the car to the sellers garage to look at and beyond belief it wouldn't make the noise, I thought maybe it had sorted itself but sure enough its doing it again

 

Luckily the specialist has heard it and shall put it in writing.

 

The seller is being a complete idiot about it now mentioning...when we get to court...let me tell you know...im done with the nicey nicey approach...this is what is going to happen... Surely this cant be allowed to write this in an email to a customer? I've since seem some bad reviews about them saying pretty much the same, almost like trying to steer things this way?

 

So you say I cannot get someone else to repair and seller pays? As I really don't feel they are able or would try to get it right or acknowledge there is an issue.

 

Where do I go from here please?

[Conniff]

Yes, you can take it elsewhere but only after you have given him a chance to fix it. If you have already approached him for a repair and he has either refused or not done it, then you should send him a letter giving him one more chance and if it is not repaired to your satisfaction, then you will take it to the main dealer for repair and send the bill to him.

 

If he has already attempted to repair but failed, then you won't need to give him another chance, but should none-the-less give him notice.

It is still your option to either reject the car for a full refund or take it elsewhere once repair attempts have failed.

 

Be aware that if he was a genuine seller and had customer satisfaction in mind there would be no need for this, so be prepared to have to fight for a refund and the only way might be through the small claims court. It's always easier to make a claim for money than for a service.

 

Edited to add: If this ends with rejection and you part exchanged another car, you are entitled to the return of that car or if it has been sold then the full price that the car was sold for and not just the amount given against your new car.

Edited December 1, 2015 by Conniff

[NGEddie]

Thanks Conniff

 

This is where it gets tricky, as the fault is intermittent sowhen I took it to the sellers garage it didn’t make the sound, grrr! So I leftwith them saying it is fine and sounded normal. Fortunately, I do have thespecialist who are able to confirm they heard the noise.

 

Totally agree with your comments about their customer service,its non-existent! I feel they believe they are an un-touchable force from the aggressive,arrogant, intimidating tone and wording of the emails, complimented by appallinggrammar and spelling. I even read on a review they had banned?! a customer whohad an issue from their premises, how on earth does that work?!

 

I do actually really want the car to just be right and keep it,they seemed to get the arse more so when I mentioned my rights. Effectively I didactually report this fault within the first thirty days so believe I could justask for a full refund but could anticipate a real fight for that one!

 

When you said easier to claim for money a service, sorry didn’t exactlyunderstand that part?

Edited December 1, 2015 by NGEddie
typo

[Conniff]

Easier in that if you are claiming for money, you can do most of it on line. If you were asking a court to order a person to provide a service, then a lot more would need to be done on the

claim side.

 

Make sure you keep all correspondence and record any phone calls or face to face conversations. Don't asterix out any swear words if you transcribe a recording to paper, show everything

even if it will make the vicar blush.

 

If the problem is audible, then sit a recorder on the dash or passenger seat so you can get a recording of it. Anything you can do to help your cause can only be a good thing.

 

Car sales and garages don't have a very good reputation, they are the most complained about industry that serves consumers.

[NGEddie]

Thanks, your information its really appreciated and a nice feel a nice Christmas donation shall be winging its way towards the site J

 

Oh I understand, you mean if they refuse to repair it(im suret his is what is going to happen) I write, or can I email? and say I am going to have it diagnosed and repaired by another garage then I can claim the moneyback online?, much easier than asking for another garage to carry out therepair.

 

As soon as I told them about the fault, they actually insisted everything is done via email as only form of communication. It was the second reply they mentioned court and how they would go for a counter claim against me with costs?! This was quiet shocking!

 

Would it be good if I get a couple of garages to confirm there is a fault to help my case?

Edit: Another point I just thought of which may or may not be relevant? The car seller I bought from, does not have its own garage. They use a garage which just happens to be next door and believe does the PDI and any work they need. This garage is not part of, or affiliated with the small car sales place in anyway.

Edited December 1, 2015 by NGEddie
damn spacebar

[Conniff]

Yes, you can email. The law says it can be used in court as evidence. If you have the facility as does Microsoft Outlook to request receipts, then click on both the server receipt and the read receipt.

Electronic mail has the same status as posted mail.

[NGEddie]

Great, that makes thing a bit easier

 

Does it make any difference about The car seller not having its own garage. They use a garage which just happens to be next door and believe does the PDI and any work they need. This garage is not part of, or affiliated with the small car sales place in anyway?

 

They are about 45 minutes from me, don't have courtesy cars plus I really wouldn't feel comfortable going back there after all the intimidating emails, does this carry any weight to not use them?

[Conniff]

To completely put you in the right, email him and ask him directly 'are you going to repair my car or not ?" If he says no, then you can email again saying you are taking it elsewhere and will bill him for the cost. That leaves you clear as you will have given him every chance and have the refusal in black and white.

[NGEddie]

Sounds the best plan

 

Just to be clear, this fault started within 30 days, they paid for diagnostic at another place, who corrected what they found wrong, but I'm still left with a noise which they couldn't find the cause.

 

I did take it back to the seller to hear, but that day it wouldn't make the noise, just what they wanted

 

So I need to contact again to advise it seems intermittent.

 

Ultimately I don't want them, or the garage they use touching it

 

Does this change anything as to what to say?

[Conniff]

It seems a bit unfair to complain about a fault that is intermittent and you say that they didn't hear on the day you took it in. It's a bit hard to repair a fault if you don't know what that fault is or even if it exists.

 

You should do your best to find where in the car the noise it coming from and the type of noise. Is it a rattle or a heavier knock ?

It is coming from the body or the engine ?

Keep your mobile handy and as soon as you hear the noise, record it and then you can let them have a listen.

[NGEddie]

I hear what you are saying.

 

I have driven four other exact same age, miles n model cars but none of them do this.

 

Its a diesel which makes a pinking sound under acceleration which I have now realised is harder to hear when warm, as it was when I took it to them. When its there it sounds like something is loose and about to break. I've owned lots of cars, many diesels and I know my stuff, and know it doesn't sound right.

 

There is always too much road noise to catch it on the recording so far.

[Conniff]

It matters not where you take it really, if they can't hear it they won't be able to advise or fix it either.

[NGEddie]

I think I said but the seller had a garage fit a new cambelt, but it didn't seem to pick up properly and make this pinking sound.

 

The specialist checked and found the timing was out, so corrected it.

 

It now performs properly, but still makes the noise. Id hoped the timing correction would have resolved both.

 

I just don't want to be stuck with it, having owned for five weeks then hand a bill to pay if it goes bang

[Conniff]

Timing belt have a set tension applied to them as set out by the equipment and the car manufacturer. It is vitally important that this correct tension is applied. The tensioning guage is very different between manufacturer so very unlikely that other than a dealer would have the proper one.

 

Did the belt change include the tensioner and waterpump, tensioner must always be changed with the belt. Waterpump is a 'silly if not done' precaution.

[NGEddie]

You know your stuff too

 

Yes they did the belt, tensioner and water pump. Its a VAG 2.0 TDi CR 170bhp. Apparently they pin them up and the manufacturer allows tollerance levels. But the garage got it wrong. I had a feeling this was it, hence why I wanted specialist to check otherwise I'm sure garage seller used would have said it was fine, just as they did with the noise as it wasn't pinking, but deffo noiser than others.

 

On reading some places mentioned injector faults n all sorts

[Conniff]

Does the engine ever run-on when you switch off ?

[NGEddie]

Nope, starts on the bottom, pulls well now, great mpg, tick over smooth, no smoke but dpf stops that, just this piinking, clattery, tappety top end noise like its struggling. Usually 3rd or 4th about 2k revs ish. Not really in 1st or 2nd or 5th or 6th. However, 70mph in 6th just light on throttle it does it n also if you let off then back on lightly you can hear it. Very frustrating!

 

If you know how a leaded petrol sounded when you ran in on unleaded years back?! It very similar to that

 

I do have a video where you can hear it clattering when stationery and blipping throttle

[Guest]

eddie

out of interest, whats the car make/model and year?

[NGEddie]

Seat Leon FR 2011 mate

[Guest]

cheers

not being as techie as you guys

but what about wastegate valve/rod noise? or has that been considered already as obvious

 

ps, i know yr thread is about redress, was just wondering what the noise could be