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taking 2nd hand car dealer to small claims court - help please***Paid in full***

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Hi All

 

 

I bought a 2nd hand Nissan X trail on 13th January from a local dealership. On 6th February I reported to the dealer that the car was making a loud noise from under the bonnet and that the engine management light had come on. We agreed to send it to my local Nissan dealership for them to run a diagnostic check. They diagnosed the fault code as an EGR fault and said that the noise could be coming from a worn turbo. They advised replacing the turbo and intercooler.

 

 

After speaking with the dealership I bought the car from, I returned the car to them to investigate and they diagnosed a worn turbo which they took over 2 weeks to replace. They acknowledged the EGR fault, but did nothing to rectify it as the engine management light had gone out.

 

 

Upon receiving the car following the new turbo, the noise was still there. I reported this again only to be told its to be expected with a car of this age and mileage. Over the past 3 weeks the noise has gotten worse and the engine management light has come on again. I have had 2 garages look at the car for me in the last few days and both say that the gear box is shot and that the EGR fault is still there and the EGR valve needs replacing.

 

 

I have written to the dealership rejecting the car under the Consumer Rights Act 2015, but after speaking to them this afternoon I fear that they are just going to ignore me and try to fob me off. He is all ready talking about trying again to fix it.

 

 

Do I have to accept this? or is there anything I can do to force the refund?

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How did you pay?


It is easier to enter a rich man than for a camel to pass a needle

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Bank transfer, which I now know was a stupid mistake :-(

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I think that you should start off naming the dealer.

 

It's a shame that you didn't exercise your short-term right to reject in the first 30 days. This would have given you an automatic right to return the car.

 

Now you are exercising your limited right to reject which means that you must give them one opportunity to repair the vehicle as long as you exercise your right within the first six months of ownership.

 

Although they have already had an opportunity to repair, it seems to me that because you haven't formally exercise your right, you should do so in writing and give them a final opportunity to repair. If they refuse to do so or if the repair fails then you are entitled to a replacement or refund.

 

From what you say, the dealership – so far unnamed – are refusing to honour your consumer rights. In that case, your only option is to send them a Letter before Action giving them 14 days to pick up the car and to refund you or you will begin an action in the Small Claims Court and without further notice.

 

I'm assuming that you paid less than £10,000 for it.

 

Only make the thread if you intend to carried out. If you don't intend to carry it out then frankly if they stand their ground and there will be nothing that you can do.

 

Assert your right. Give them the one chance. Then issue the letter.

 

On the basis of what you say, your chances of success are much better than 90%


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I have had nothing back in writing from the dealership (Kevin Adey Car Sales, Tockwith, York), but I have spoken to him on the phone several times. the car has been sat at a garage after the dealer requested further diagnostics. It has now been identified as s the timing chain making the noise and I have been advised that its ready to fail. The garage cannot get the car booked in for 2 weeks and want £1200 for the work. After speaking with the dealer, he is offering to pay half of this cost, but no more. He will also not provide a courtesy car/hire car for the period whilst I am without the Nissan.

 

 

I now have the car parked up in the drive at home and without a car and am looking at sending a letter before action as its been over 2 weeks since I sent the original rejection letter.

 

 

Before I send the letter am I right in thinking that under the consumer rights act, it is up to the dealer to pay the full cost of the repair. He is trying to tell me that he doesn't have to pay anything and that by offering to pay half he is going above and beyond his obligations.

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Earlier this year I purchased a Nissan X-trail from a 2nd hand car dealership. The vehicle was 11 years old with 138,000 miles on it, but was described as in excellent condition.

 

 

Within 3 weeks of collecting the vehicle the engine management light came on and the car was sounding very rough. After reporting it to the dealer it was agreed that I would take the car to my local Nissan garage for them to diagnose. They diagnosed that the EML was due to an EGR fault and that the noise could be due to the turbo been worn. They also advised that the intercooler was leaking oil and required replacement or the turbo & intercooler.

 

 

The seller took the car back for 3 weeks and fitted a new turbo, but claimed the EGR fault was non existant and the intercooler was fine. The day after I got the car back, I reported the noise was still there, but was told it was a 11 year old car and that they make noises. Over the next 3 weeks to noise got worse and the engine management light re-appeared, so I got it looked at by 2 different garages for them to diagnose the EGR fault is still present and that the noise is due to the timing chain about to fail. I then rejected the car under the Consumer Rights Act 2015 but the dealer refused this and instead offered to put £600 towards the repair bill, but I would have to arrange all repairs etc. I was quoted £1200 alone for the chain, plus an unknown sum for the EGR fault as it needed more investigating. Add to this the fact that the Intercooler is still leaking and I pushed for a refund/rejection but the dealer wouldn't budge.

 

 

I have now filed a small claim against the dealership (named the dealership and the owner as he is a sole trader and not a limited company). I have the following evidence to supply when it goes to court.

 

 

Copy of receipt & report for diagnostics work from local Nissan Dealership.

Report from another garage of investigation work they undertook and their diagnosis of EGR fault and timing chain issue.

Quote from 3rd garage for cost of repair for timing chain.

 

 

As I am new to this whole thing and have never had to make a claim before, is there any other evidence I may need? Also do I need to quote relevant sections of the Consumer Rights Act / supply copies as evidence?

 

 

Thanks in advance for any help.

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Well done on actually making the claim. Many people don't.

 

Please will you post up a copy of the claim that you file – in PDF format.

 

I'm assuming that you have had no acknowledgement or defence yet.

 

How long ago did you file the claim?


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How old is the vehicle?

How long have you owned it?

What is current mileage?

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I think that you should start off naming the dealer.

 

It's a shame that you didn't exercise your short-term right to reject in the first 30 days. This would have given you an automatic right to return the car.

If the buyer notified the seller of the fault within the first 30 days, doesn't the "Right to reject" get suspended until the fault is rectified? I think it is know as the "waiting period". Perhaps the vehicle is still within the 30 day rejection period?

 

If the buyer requests a repair or replacement in the 30 day period, the time period stops running during the "waiting period" while the goods are being repaired or replaced. That waiting period begins with the day on which the buyer requests or agrees to the repair or replacement of the goods, and ends with the day on which they receive the goods back. The buyer then has 7 days in which to reject the goods or, if later, the original time for exercising that right, extended by the waiting period.

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How old is the vehicle?

How long have you owned it?

What is current mileage?

 

 

 

Its got 140'000 on at the moment and is 11 years old.

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Well done on actually making the claim. Many people don't.

 

Please will you post up a copy of the claim that you file – in PDF format.

 

I'm assuming that you have had no acknowledgement or defence yet.

 

How long ago did you file the claim?

 

 

The claim was filed a month or so back. The seller has entered a defence. The court have set a date for in October.

 

I am away from home at the moment, but will upload the court claim form when I return.

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Can anybody tell me if the PDF is viewable in the post above. Its the first time I have tried uploading a file onto here.

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It looks OK to me. :)

 

HB


Illegitimi non carborundum

 

 

 

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Copy of the claim form should be attached. Do you want to see a copy of the defence the seller has filed?

 

Yes please.


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Yes please.

 

 

 

I will scan it in and upload it when I am back at work on Monday. Thanks

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Please see below for the defence that the seller has filed.

 

I believe I have worked with Mr ??????? over the past four

months to resolve any issues following the purchase of the Nissan

X-Trail and dispute his right to a full refund.

 

All vehicles sold by Kevin Adey Car Sales come with an up-to-date

MOT and are fully serviced before customer collection. Mr

??????? also gave the car a thorough test drive before purchase.

At no point throughout the MOT, test drive and service did there

appear to be any unusual noises which could have revealed any

issues with the Exhaust Gas Recirculation Valve (EGR), timing

chain or turbo. Had there been a problem with the EGR when the car

was purchased, it would have failed its MOT.

 

Used vehicles are also sold on the understanding they are subject

to levels of wear and tear commensurate with their age and

mileage. The agreed sale price of £3300 reflects the fact the

above Nissan is 11 years old and had done more than 135000 miles

as at January 13 this year. Like the majority of 2006 cars with a

relatively high mileage there is also the chance certain parts may

need replacing due to natural usage levels.

 

I have always endeavoured to help customers if it transpires there

is a particular issue with a vehicle purchased from Kevin Adey Car

Sales which was not present at the date of sale. On being

contacted by Mr ???????? on February 6 this year regarding a

noise from under the bonnet - and following subsequent

investigation by Trenton Nissan in Hull - I took the vehicle to

Tockwith MOT Centre for further examination. They carried out

checks on the turbo/EGR and found excessive play in the bearing in

the turbo so it was replaced with a new unit. After a further

on-road test, this resolved the issue while no warning lights

indicating an EGR fault appeared. The £200 bill for the checks and

repair as well as the £650 cost of a new turbo were paid by

myself. To minimise inconvenience to Mr ????????, I lent him a

car while the Nissan was being repaired.

 

I heard nothing further until March 28, 2017 when I was informed

Mr ??????? wanted to reject the vehicle and receive a full

refund due to what was believed to be an issue with the EGR and

the timing chain. Had there been a problem with the EGR when the

car was purchased, it would have failed its MOT.

 

I subsequently offered to work with him to resolve any problems -

even though the faults became apparent several weeks after sale -

and after speaking to the Engine Repair Centre in Hull agreed to

pay £600 towards the cost of replacing the timing chain. Mr

??????? was not happy to accept this offer which I confirmed in

a letter to him in May, 2017.

 

After already spending £850 on repairs in February following Mr

???????? purchase and collection of the vehicle as well as

offering £600 towards subsequent repairs, I believe I have done

more than enough to resolve these issues and feel he does not have

the right to a full refund of his purchase price.

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By working with me, he means he has had me run around several garages trying to get the issue diagnosed. I have paid all diagnostic fees and when asked for reimbursement was told no.

 

 

He also fails to acknowledge that I reported the engine was still making a noise and running rough the day after I got it back from the turbo been replaced (I have email proof of this, including his reply).

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By working with me, he means he has had me run around several garages trying to get the issue diagnosed. I have paid all diagnostic fees and when asked for reimbursement was told no.

 

Are those fees included in your claim? How much do they add up to?

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Are those fees included in your claim? How much do they add up to?

 

£75

 

 

No when I filled the claim form out, I couldn't find the receipts so I didn't add them. I have now found the receipts though.

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Well we had a day out to the court yesterday. The seller turned up, but the Judge found in my favour. She has given him 14 days to pay what is owed and to collect the vehicle.

Do I now just wait to hear from the seller and if nothing has happened after 14 days, escalate it upto the high court enforcement officers?

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Well we had a day out to the court yesterday. The seller turned up, but the Judge found in my favour. She has given him 14 days to pay what is owed and to collect the vehicle.

Do I now just wait to hear from the seller and if nothing has happened after 14 days, escalate it upto the high court enforcement officers?

 

Yes :-)


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

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Yes :-)

 

 

 

Ok thanks. Should I get any paperwork through from the courts to confirm the judgement etc as I haven't received anything yet.

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Yes you will receive a Notice of Judgment in your favour with the payment deadlines


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

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Well payment was received earlier today via bank transfer. Thanks for all the help & advice.

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