Second hand car, large deposit and finance - major faults - short term reject 3 days

[stroudsco]

Hi All,

 

A friend of mine is having a problem that I'm helping with.

 

He purchased a secondhand Mercedes sports car for £26,000 from what he considered a reputable car dealer (not main dealer)it was delivered Thursday 13th July 2017.

 

They are FCA regulated (Ref No 658267 ) and a representative of (MBI) Limited (Ref No 312143)

 

He paid £10,000 deposit cash and the rest on finance with Close, the first day he noticed problems which were reported the second day, he thought there were gearbox problems and noticed the active intelligent lights were not working.

 

He was asked not to drive the car and either get it brought back or taken to a local garage to see the problem, he managed to get it into a Mercedes specialist on the next day - there was a 9 page faults list including electronics, possible not Mercedes front lights and engine misfiring on some cylinders.

 

He did not drive the car as advised and called dealer supplied the report and asked for a refund, the dealer said he would consider it, I helped him draft a letter Monday 17th saying under the consumer right act - right to return, he would like the car picked up, and a full refund based on the independent report and his right to return a faulty car.

 

I listed the main faults, I also noted the cost he had incurred in taking the car to garage getting home then having to pick it up again, he also had to pay for engine oil and other expenses.

 

I sent this to the finance company as well asking for acknowledgment, they haven't as of yet.

 

So far the dealer has refused a refund and said they won't accept responsibly until they have an independent report done, I pointed out that they have had that for 3 days.

 

it's nearly a week and they have the car, the report, his money and he doesn't have any transport.

 

Thoughts?

[dx100uk]

chase the finance company and the dealer

theres no get out for either under FCA CRA.

 

 

and they should refund the report fee too!

[stroudsco]

Hi Dx100uk,

 

Hope your well.

 

He has chased the finance company by phone and email, they have said they will get back to him.

 

I have made sure he copied the letters I wrote to close/complaints, close motor finance and the dealer.

 

The dealer has come back quickly but seems to be stalling, I have clearly set up that he wants to cancel the agreement and have the deposit returned under the consumer rights act - right to reject.

 

The dealer has said he wants an independent report before deciding what to do, again I said he has one.

 

Here is a section from my last letter:

 

- - - - -

 

However, I am not sure you're clear about my request. I have the right under ‘The Consumer Rights Act 2015’ to reject the car within the first 30 days, I have included a website link at the bottom of this page which will give you the facts, I also have them here for your reference:

 

Within 30 days - A short-term right to reject - The consumer has 30 days to reject a vehicle if it breaches the implied terms in any way. While the consumer can ask for the goods to be repaired or replaced the consumer is not obliged to give the retailer an opportunity to do so.

 

This means that for comparatively minor problems with a vehicle (for example a breach of the implied terms that goods are of satisfactory quality or free from minor defects) the consumer can reject without providing the seller an opportunity to repair.

 

The fact that I was asked not to drive the car by yourself on the first full day of ownership and have not driven it since.

 

I even took the car to an independent Mercedes garage as requested and at my own cost, which then produced a 9-page fault report goes far beyond anything I should have had to do.

 

You would have seen the car and the blue smoke from the exhaust when running, also the oil all over the rear bumper?

 

I don’t have to mention the headlights and other problems; I have a right by law to possibly reject the car on minor defects, I presented you with a damning independent Mercedes report four days ago.

 

- - - - -

 

He replied with:

 

- - - - -

 

In reference to your letter I am completely aware of the sales of good act,

The car has travel 320 + miles from when leaving the workshop for the MOT

and Service taking into account 70+ miles for delivery and movements that

leaves an approximate mileage of 250 miles travelled in the vehicle over the

space of your ownership. This means that they could be due to drivers

negligence that these issues have come up.

 

Being that the vehicle is a high performance vehicle with over 700BHP we are

not sure how the vehicle has been driven which is why I am waiting for a

full report.

 

- - - - -

 

I asked how much mileage he did do, he thought max 100 miles on the first day (showing every his new toy) then he was asked not to drive it which he didn't.

 

Looks like there is a problem with the engine, but also the electronics and lights...

 

He is worried about the cooling off period and not hearing back from the finance company as well as not having a car!

 

Thanks

 

I mentioned the car collection costs as the dealer's previous email said this:

 

I have had the car collected at no cost to yourself (which is above and

beyond the call of duty)

 

As the garage I had the car delivered too is an independent and nothing to

do with Superbia they have vehicles booked in front of your car. The second

I get a report from the garage I will be happy to discuss this with Close

Brothers and yourself to come to some sort of closer.

 

Obviously, the dealer is 'completely aware of the sales of good (s) act'.

 

I thought it best not to upset the dealer by stating The Consumer Rights Act 2015 replaced the 'Sales of Goods Act 1979'.

[stroudsco]

Hi,

 

Wondered if anyone has any ideas on what to do next?

 

Yesterday, he sent another letter to both the finance company and the dealer asking if they accepted to cancel the agreement under his consumer rights - short term reject, stating that they have the report and he is without a car or his money.

 

The finance company asked for the report even though the dealer has had it five days; he sent it.

 

The dealer responded mentioning the faults could be due to driver error and that the car had done nearly 200 miles, the dealer has said they will be in contact when they know more.

 

Today he had a letter by email from the finance company saying that it had been passed to their complaints department and will go through an investigation.

 

Should it not be complete within eight weeks from the date of his original complaint then they will write to give him an update.

 

He is without a car., without his £10,000 deposit, does he have to pay the finance until they decide what they are doing?

 

I'm shocked, to be honest.

 

I'm also thinking if it's not cancelled it will show on his credit report, therefore, hurting his chances of getting another car.

[dx100uk]

no its cancelled no need to pay

as for the dodgy dealer claiming the 100mls he did has frucked the car

to me that sounds like he knew darn well is was a pup.

 

 

the 30 day clocksstop when you 1st notify the produce is being returned,

 

 

shame he paid cash, that's a very bad idea always leave you with no protection.

[stroudsco]

Thanks dx100UK

 

He paid £9,500 cash, £500 card and the rest finance; I said it's better to the claim back or would you suggest he claims the £500 from the card and then just £9,500 from the dealer.

 

Saw him today, had to give him a lift somewhere!

 

He had mentioned having to buy oil for the car, turns out that the first thing the dealer told him to do was check the oil.

 

Apparently, it wasn't even registering on the dip rod thing; it does seem strange the dealer would say that when my friend had thought it was a gearbox/clutch problem.

 

Is he entitled to any costs while he is without a car and they dont tell him whats happening? will he have to wait 8 weeks?

 

Thanks again

[dx100uk]

please tell me that was a credit card....

[stroudsco]

I don't know, it was £500, and £9,500 was cash.

 

I can check,

but would you not link it all together?

 

 

I thought it creates more hassle for him,

I know he's getting quite stressed over everything which is why I'm helping,

he's got a young daughter and struggling to get her around,

and you can imagine his partner is not over the moon with the situation.

 

Does he just have to wait to hear if they will accept his request,

as I said Close have said it could be eight weeks +

[dx100uk]

if it was done by a credit card then the credit card company are responsible as well for THE WHOLE THING

under a section 75 claim.

 

 

it could be extremely good news if it was.

[stroudsco]

Cheers,

 

So there's nothing else that can be done now?

 

Just wait for up to 8 eights and beyond with no car or his money.

 

He's going to have a turn, if thats the case.

[kingell]

I'm dealing with a credit card company. I'm very surprised they don't know my rights and admitted they didn't know about the CRA references I quoted.

Sadly I don't expect - like the Martians - instant results.

The money people seem to hold all the fire irons and like to leave things in the in tray for some time.

Good luck and kind regards.

[stroudsco]

I meant 8 'weeks'.

 

The dealer offered yesterday to buy the car back for £1,500 less and settle the finance.

 

I have drafted an email for him to send saying that this is unacceptable and that he has already requested to reject the car under CRA.

 

Also drafted an email again to finance company asking them to help, they requested the list of faults last week, and they were sent immediately by email.

[stroudsco]

The most unbelievable thing now!

 

The finance company is starting this investigation, the dealer is apparently waiting for the report on the car and will not offer a refund at this stage.

 

I thought I would have a dig around to see if there is any information about the company, he has done this before...

 

A few stories the same as my friends, but get this.

 

The dealer has put the car up for sale again, not only on his website but also on facebook, twitter, etc., I have taken a screen shot with the time and date, the car was advertised midday yesterday.

 

Surely this can't be allowed ??

 

Thanks