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MikeAlpha

Rejecting a second hand VW EOS under Consumer Rights Act 2015

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Hi All,

 

On 4-Aug-2017 I test drove VW EOS 2.0 FSI(2006) convertible which has done 67500 from a car dealer in Birmingham.

Paid the deposit of 300£ to confirm the same day.

 

Asked him to fix minor things like

Covering cigarette holes from seats at a couple of location,

changing wheel caps,

under bonnet insulation and full valet.

 

Dealer verbally agreed to get this fixed and said he will get the 12 months MOT done as advertised on Autotrader within a couple of days and asked me to transfer remaining amount 3450£ asap.

 

On 5-Aug-2017 I transferred the remaining amount 3450£ (Total = 3750£)

 

on 11-Aug-2017 I got the car from the dealer with the receipt (Offical date of owning the car) saying he couldn't get hold of valet guys so will get it done when I visit him next time.

 

he didn't do anything except MOT (10-Aug-2017).

As I was eager to drive the convertible, I accepted foolishly.

 

While driving back home to Coventry, I realised the left wing mirror is loose and cannot be operated properly via driver side button.

 

Called dealer on 12-Aug-2017 and mentioned about the issue.

Dealer said he will look into it and asked me to bring the car the following week.

 

Having doubts over the car, I properly checked the car

only to find big single line crack on the windshield at the bottom edge.

This was covered by wiper blades.

 

Wiper washer pressure was too low.

Blamed myself for not looking carefully before buying.

Also found out the roof was leaking.

Texted the dealer about this issues on 14-Aug-2017.

 

Took the car to the dealer on 16-Aug-2017 (As he was only available on that day) and asked him to fix the issues.

 

23-Aug-2017 the dealer gave the car back saying he fixed some issues like

Wiper washer pressure,

insulator,

valet (half),

roof leak (still persists),

attempt to fix seat holes.

But did not repair wing mirror or windshield.

 

As I thought I didn't hold any right to reject on wear and tear parts accepted 125£ cheque towards fixing the wing mirror and windshield myself as travelling back and forth and leaving the car for weeks time was tiring.

 

My doubts regarding the condition of the car grew as no reputed dealer would do this

took the car to local VW specialist garage for inspection on 25-Aug-2017.

 

Got the report that CV Gators split and Console (wishbone) bushes separated (replacement cost 360£)

and they mentioned that MOT shouldn't have passed as bushes don't get separated within 100 miles drive.

 

Mentioned the same to the dealer who replied back saying MOT had passed

and it might have broken any time afterwards

and I am expecting a brand new car performance from a 11-year-old car

and should accept this as wear and tears.

But at the end said he will have a look if I get the car to his shop.

 

Next day driver side door card came off.

Looked like it was glued before.

 

Booked a 15 point safety check from Halfords on 3-Sept-2017 as it was free.

They reported

CV Gaitor starting to split,

front coil spring broken and

rear disc badly corded and

worn close to legal limits.

 

Had enough and sent a rejecting letter to the dealer along with the reports on 4-Sep-2017

asked him to fully refund as I was within 30 days and as per consumer rights act, the car is faulty.

 

Today 6-Sep-2017 got a call from the dealer saying he will fix

CV gaitor,

Console bushes and

spring

but won't repair anything else

and there is no way he is going to take the car back.

 

Asked me why Halford reports didn't pick up Console bushes problem and local garage report did not pick coil spring issues.

I shot him back saying I am ready to get a full AA inspection done as he is AA approved dealer.

Also, he mildly threatened saying he pays solicitor 1000s of pounds every month for this business and more than welcome to take the matter to court.

 

I have had this car for less than 20 days now and it been driven for 250 miles of which 120 miles just going back and forth to car dealers place in Birmingham.

 

Should I accept the fixes offered by the dealer and move on or should I take him to the court and get a full refund?

 

Your thoughts are much appreciated.

 

Regards,

Mike

Edited by MikeAlpha
Forgot to mention about the mileage of the car

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if you bought this via autotrader then if you reported issues within 14 days

he wont have a leg to stand on


please don't hit Quote...just type we know what we said earlier..

 

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I saw the Ad in Auto trader and contacted him directly via call and visited the dealers place.

 

I have reported the issues regarding Wing mirror, crack in the windscreen, leak from the roof, wiper washer pressure within 7 days.

 

But the problem is he kept the car from 16-Aug-2017 till 23-Aug-2017 for repair purposes.

 

I have reported the issues regarding Console bushes, CV Gaitor, Door card on 26-Aug-2017 via call but via e-mail on 31-Aug-2017

I have reported the issues regarding coil spring and rear disc brakes on 5-Sep-2017 via letter (signed royal mail delivery) and also officially rejecting the car.

 

Do I have 14 days or 30 days to reject the car?

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30 days with faults.


please don't hit Quote...just type we know what we said earlier..

 

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