Mature lady bought a used car. - hyundai Hendon - HELP.

[philmycoke]

Please help and advise.

Mature lady bought a used car.

In the following week there was burning smell and smoke came inside the car.

She informed the manager.

Once it happened again, she took the car in. after many arguments he had one mechanic look at it for few minutes.

She was informed everything is okay.

Few days later the car stopped. In the middle of the road. She made few phone calls and after much argument the manager got the car taken to the garage.

After many visits. Many arguments including sitting in the dealership for 3 hours per day for 3 days she was given a response.

The car internally has been damaged, it has been used so therefore only £7000 will be refunded and not the full £8000. either take the refund or else you will get nothing.

She was catholicly told as shes damaged the car internally AND if she declines the £7000 offer she will lose the car and no refund.

1. with in 3 weeks of purchase the car was refunded.
2. No paperwork shows any damage at point of refund.
3. 6 hours of waiting along with 11 phone calls to find the remedy.
4. Her health and safety was brought into question with lack of proper inspection when it was taken in.

shes very scared.

lone and worried.

Please advise if we can get her £1000 back and also what else we can do.

She lives too far for me to carry the burden and also chasing solicitors is not an option as funds are not there.

She must be helped as she used the car to look after homeless pets, people and did a lot of community work.

Now she cant do anything.

[silverfox1961]

Hi

I bet you don't have anything in writing. I would be expecting a full refund and if they still refuse, take them to court.

 

If this was a recent purchase, I would be looking at the Consumer Rights Act then shove it down the dealers throat (metaphorically)

[silverfox1961]

This from Which may help

 

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

[BankFodder]

Since the new Consumer Rights Act, the situation is fairly simple. However, if the dealer wants to be really stupid then you will have to enforce your rights in court.

Who is the dealer?

The rules relating to sale of goods are here – http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?439-Goods-ss.3-32 .

I'm assuming that this contract was made fairly recently – at least after October 2015. Please confirm this. If that is the case then the remedies contained in the new Act apply.

The purchaser has the right to reject the goods within 30 days and is entitled to a full refund – no questions asked. It sounds to me as if the fault occurred well within the 30 day deadline. This is called the "short term right to reject".

http://www.consumeractiongroup.co.uk/forum/showthread.php?448223-22-Time-limit-for-short-term-right-to-reject

I would suggest that she sends the garage a letter before action, explaining that they have failed to respect her rights under the new 2015 Consumer Rights Act and that she will begin a claim in the County Court at the end of 14 days issue does not receive the money in full by then.

She should explain that if she does go to the County Court then not only will she claim her money, but she will claim interest on it and also any expenses to which she has been put.

Tell your friend that this may seem a bit daunting, but actually it is very straightforward and we are very happy to help. Does your friend have access to a computer? It would be easier if we can help her directly she can come onto the forum.

Even if the contract was made before October 2015, frankly the rules are pretty well the same – especially for a car which displayed serious defects so quickly after the sale.

As well as beginning a County Court claim, I would suggest that she contact citizens advice and asked them to forward the complaint to Trading Standards unfortunately, there is no direct access to trading standards. It has to go through citizens advice.

Do not imagine that complaining to citizens advice will be in any way a replacement for County Court action. If the dealer is resolute – and it sounds if he is – then CA will be unable to do anything. They can simply pass on a complaint so that Trading Standards can add it to their file.

Your friend should keep a very detailed account of everything this has cost in terms of fares or other expenses – and also the time that it has taken her to challenge this – including waiting around.

All of this can be quantified in money terms and could easily add another two or £300 to the court claim.

Incidentally, I've had a look on the Internet and if this really is an official hyundai dealer using the Hyundai website domain, then I'm pretty amazed at the behaviour you are telling us about and I would have thought that some phone calls to their customer service people at their head office might solve this.

I'd be very grateful if you could take a few moments just to go through your chronology again. It would be helpful if you could express the story in a slightly more structured and bullet pointed form – including dates.

Incidentally, in order to exercise your short-term right to reject, you have to give a clear indication within 30 days that you are rejecting the item and terminating the contract.

It seems to me from what you say – that a refund of most of the money – £7000 has been made only three weeks after the purchase, that clearly the trader must have understood that the car was being rejected.

Therefore it seems to me that this requirement under section 20 of the Consumer Rights Act has been satisfied.

[philmycoke]

CAr is £8000. refund is £7000. Why as it has had a major fault. £1000 is for the internal damage the manager is claiming she caused. He said take it or F off in simple terms. all this has taken place within 30 days. car was sold and refunded in april 2016. within 22 days.

[renegadeimp]

Please relax, and follow the good advice given above. You are dealing with a shady dealer, but we can help.

And do not start getting into paraphrasing what the dealer said. You NEED to stick to the exact wording. Do not stoop to their level.

[Conniff]

What is the damage to the interior she is supposed to have done ??

[philmycoke]

UPDATE 22/06/2016

Please advise on purchase of vehicle. I feel the mature lady has been robbed. she was intimdated and told ZERO refund. Take it or leave it.

Deposit: £250.00 13/03/2016

Full Payment: £5000.00 18/03/2016

Refund: £3400.00 11/04/2016

Outstanding, Remaining, UNPAID: £1850.00 as of 22/06/2016.

05/04/2016 the lady was told to wait for new log book to come before he could do anything. From repiars to refund. The suddenly stopped in middle of road. She walked to the dealership. The manager has it towed into the dealership. She was going in with smoke, smell issues. Stopped 10 minutes walk from the dealership. She refused to take the car back. She wanted refund asap.

bad smell, smoke inside she decided to take the car back. On the way back the car just stopped.

The dealership, manger said due to the fact car had been used, the damage caused the purchasers fault he would NEED £1850 for repairs etc.

he was asked to provide paperwork such as appraisal or detail purchasers fault etc and did not.

There is no signature, date on any paperwork detailing any faults. From purchase to reselling the car back to the main dealer there is NOTHING indicating any faults. No appraisal.

Phone calls, letters and emails are being ignored.

Please advise.

[silverfox1961]

Firstly, have you (she) formally rejected the car? I assume so as she got a partial refund. As the dealer is playing silly buggers, I would be sending a Letter Before Action giving them 14 days to refund the rest or you will take court action.

 

Do not do this if there is no intention of following through.There are people here who can help with the layout of the claim

[philmycoke]

From my understanding car was smelling, there was smoke. She took it to dealers on the way there it stalled, stopped. He had it towed in. She said she wanted a refund not repiar. he said wait for new logbook. on 11/06/2016 he gave partial refund stating take it or leave it after 3 hours of arugments and fault blaming.

 

So no she never i said i reject your car. however she did say refund me with in 3 weeks. well 17 days.

[Conniff]

Can you give us the exact date she bought the car and the date it broke down and how many miles she covered

between purchase and it breaking down ??

[j66]

We don't know what caused the car to break down, was it a fault with the car or driver error?, the smoke, smell and failing to proceed suggest to me that the clutch has been burnt out.

 

This may have a bearing on the validity on some of the advice offered.

[philmycoke]

The update is the following:

1. depreciation
2. burnt out/ damaged clutch.
3. Service and repairs.

The above 3 reasons are being given to justify why a car refunded within 30 days of purchase minus the £1850.

£1850 was NOT refunded as the client is being accused of damaging the clutch. Less then 80 miles were done on the used car. From date of purchase to refund.

3 small local journeys were made. The lady is 48 year old recent widow who only did shopping or went to the Temple, place of worship all within “walking” distance from her home.

She has been driving for over 25 years with no issues. Last car she had for 9 years.

Please advise on next steps.

[Conniff]

If there is clutch damage, it will be up to him to prove that was caused by her.

During the first six months, any faults are deemed to have been there at the time of purchase.

 

Three weeks claiming depreciation don't come into it. If it did, most cars for sale on car lots would have no value whatsoever.

 

Have you mentioned court action to her and if so what was her reply ?

[silverfox1961]

I would suggest that if a Letter Before Action hasn't been sent then now is the time to do so. If after a couple of weeks no resolution has been agreed then the only suitabler course of action is to sue them for the full amount outstanding plus your costs.

 

I am sure someone here will be able to assist in the wording of a county court claim. As the amount owing is (relatively) small, the small claims court will deal with it and they are aimed at litigants in person but some legal knowledge will still need to be understood. The Consumer Rights Act is the first port of call and the relevent info is in the Library

[philmycoke]

Can someone help me write the letter please?

[Conniff]

Have you mentioned court action to her and if so what was her reply ?

[philmycoke]

Following is an update.

the sales manger wrote to the lady with the following.

1st april car recovered to the show room. after full inspection car has no manufacturing defect or premature wear, it was HER driving style which burnt our the clutch.

on 4th april she was not happy to own the car, wanted refund.

on 5th april she went back 3rd time now and hey offered £3200 after reviewing all options for her.

11th april she returned and agreed on £3400 refund after reviewing all options avaibale to her. they even told her to take the car and then decide.

then they took her home safely.

What they forgetting is.

Deposit: £250.00 13/03/2016

Full Payment: £5000.00 18/03/2016

Refund: £3400.00 11/04/2016

Outstanding, Remaining, UNPAID: £1850.00

1. she was told to get lost until she had her V5. without V5 she was told no refund.

2. she came back 4 times, because they would not SEE her twice. and 2 times after 3 hours wait.

3. they never gave her options. not even another car.

4. ZERO of the paperwork signed by her is it accept any fault for the clutch nor does any paper work state anything they wrote in this letter.

the manger just gave sequence of events and said she agreed. she ONLY agreed as he told her take it or leave it. with over 5 hours wasted old lady was fed-up scared and intimidated.

Advise on next steps please.

[Conniff]

Have you mentioned court action to her and if so what was her reply ?

 

?????

[philmycoke]

She says she wants to do everything possible to get her money back. solcitors, court etc. however lack of funds means shes scared.

 

i dont even know which kind of soloctor to talk to... if i did maybe i could find out how much it might be and chances of winning.

[Conniff]

Claim amount...........Court issued fee .. Filed via Money Claim Online or Secure Data Transfer

 

Up to £300...............£35....................£25

£300 to £500............£50....................£35

£500 to £1,000.........£70....................£60

£1,000 to £1,500......£80....................£70

£1,500 to £3,000......£115..................£105

£3,000 to £5,000......£205..................£185

£5,000 to £10,000....£455..................£410

[philmycoke]

Yes. She wants too. Shes worried about the cost.

[philmycoke]

So she submits all paperwork and they submit and someone decides? no lawyers needed? what about compensation for stress, my time, running around to people, 13 phone calls. over 20 emails. etc.

[Conniff]

If she definitely wants to go for, I will move your thread to the legal section, they will help you through it

and let you know what you can and can't claim for ?

https://www.moneyclaim.gov.uk/web/mcol/welcome