Rejecting Used Car Within 30 Days **WON ** [FULL REFUND/RETURN OF TRADE-IN TOO]

[Dentedporsche 1]

Evening all, hate to say it but I need some help and advice again.

 

I bought my wife a 62 plate Jaguar XF from Trade Centre Wales on the 6th November.

It's done 90k and HPI shows 2 previous keepers.

 

10k trade in, £10 on credit card, balance by debit card.

 

On the 7th, had trouble starting it. Press the button and the gear selector knob comes up and the dash lights up. After less than a minute, lights go out and knob retracts.

Several attempts to start it and same thing. Gave up. Came out half an hour later, tried again and it works ok.

 

Had the same problem on the 8th and 9th, intermittently, it simply won't start. It doesn't try to turn the engine, just shuts itself down.

 

It's an intermittent fault and there's no rhyme nor reason to it. Sometimes it's ok, sometimes it's not.

 

Over the course of the 3 days, it was also noted that the ECO stop/start system isn't working at all.

 

On the 10th, the new V5 arrives and shows 3 previous keepers, not the 2 that they advised.

 

I immediately sent them a rejection letter giving them 14 days to refund in full citing the V5 discrepancy and the 2 faults discovered to date.

 

They have emailed 3 times now, refusing the rejection and stating they want the vehicle in to check it and rectify any concerns I have. They have also told me in their last email that I can't reject as the faults are minor.

 

I've spoken to the bank re section 75 claim but they haven't got back to me yet.

 

Any advice on my next move?

Should I get a local garage to do an independent inspection? The owner has already seen the starting problem.

 

I'd appreciate any help or advice you can give.

[Jimbo37 1]

Could you have misunderstood - before you purchased the car, it had 2 previous keepers, but now that you have purchased, it has 3?

[Dentedporsche 1]

Could you have misunderstood - before you purchased the car, it had 2 previous keepers, but now that you have purchased, it has 3?

 

Quite clearly states 2 previous keepers on the paperwork they provided. That should make me number 3.

Instead, new V5 came in with 3 previous, making me number 4.

 

However, apart from that, the vehicle is faulty.

They are trying to say the faults are minor.

I’m arguing that an intermittent starting fault isn’t minor and renders the vehicle not fit for purpose.

Would the non working stop/start system be a minor or significant fault?.

[Jimbo37 1]

Just as a punter who has dabbled in buying and selling, but by no means expert, I think you will face a couple of difficulties making some of your points prevail

- generally garages & auctions do not own cars, and their statement of previous ownership reflects what the current/actual (DVLA recorded) owner would say, not what the car will become once sold. I don't know for sure if that is ethical, but I never questioned it, maybe because I was aware it happens and I always check the log before purchase (to check lots of facts)

- I also think there is a standard set of faults categorised a "major" that generally pertain to mechanical propulsion - engine, gearbox, drives type of stuff. Although the problem you mention, could be expensive to fix (or even diagnose), it may not be defined as "major". You'd probably find the definition of "major" in the context of your car in the guarantee paperwork.

- however, even if the fault is not "major", they need to put it right. For this, you'd need to comply with their request to "check & rectify". I think they get a set number of chances to get it right, and if they fail to do so, you then have a valid case. If you don't give them the opportunity to fix (in the absence of a "major" fault), you'll struggle to win the day. As I mentioned, I am not expert, but to my knowledge, that is the established process. Independent reports etc - I think you are wasting your time and money, and lets face it, anyone can get a report to say anything

- you have to consider that the fault may be very simple, and second hand cars always have minor issues - you don't know, nobody knows, but it may simply be a loose connection

- if I were in your shoes, I'd seek out the previous owner, and ask him two questions (i) did the fault exist previously, and (ii) did the seller know. If he obliged you with these answers, I'd hold them up my sleeve for a rainy day. In parallel, I'd let the seller do his best to fix.

Just amateur advice, hope it helps somewhat - someone else may know better. Good luck

[Dentedporsche 1]

Sorry, I have to disagree with what you've posted.

 

Consumer Protection Rights 2015, the goods (the vehicle) must be of satisfactory quality, fit for purpose and free from any defect.

Intermittently the car won't start. So how can that be fit for purpose? A minor fault would not prevent use of the vehicle.

 

Not sure what you mean by checking documents, I did check the documents provided and it states very clearly, 2 previous keepers. When I told my wife that she'd be the 3rd owner, the garage didn't disagree.

It's only since the V5 arrived we've discovered they didn't provide correct information.

 

However, I'm not rejecting purely on the V5 discrepancy, I'm rejecting a faulty vehicle within 3 days of purchase. Well inside the 30 days allowed by the act.

After 30 days, I would have to let them have 1 attempt at repair before I could reject.

[disgruntled2007 92]

“It's only since the V5 arrived we've discovered they didn't provide correct information. “

 

Why is that the garages fault? In your first post you state an HPI showed 2 owners....

 

Naturally, you viewed the “old” V5 held by the garage before purchase, right?

[Dentedporsche 1]

No old V5 was given to me. However, the dealer stated it had 2 previous keepers and the HPI report shows 2 previous keepers, not 3.

Again, I haven't used the V5 in my rejection, I simply gave all the information here that I could.

 

Now, if anyone can help with the rejection for the vehicle being faulty and what course to follow, I'd appreciate it.

I don't need any more comments on the V5, I've proved to the dealer that they provided incorrect information.

[Jimbo37 1]

A minor fault would not prevent use of the vehicle.

A puncture, blown fuse, broken key - all minor faults.

As I say, I wish you luck with it.

[Dentedporsche 1]

Quick update on this.

I have now received a full refund and my trade in vehicle back.

The garage admitted that I was entitled to a refund due to the faults on the vehicle.

Once I let them knew I'd raised a dispute at the bank, they were only too willing to sort things out.

 

No luck involved, simply used the Consumer Protection Rights 2015.

[dx100uk 8,582]

hey glad cag helped

thread title amended

 

please consider a donation however small to keep us afloat for other s like you to come...

 

dx

[sgtbush 73]

Points to take from here.

Major purchases, pay on a credit card, the deposit or £100 or so.

That means your covered for the full amount of the purchase under section 75.