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Reputal Garage - car issue

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Hi All,

 

This is my first post here, so hi in advance.

 

I am seeking some guidance on a issue I am currently experiencing.

 

I purchased a used vehicle from a local, well known, dealership just shy of two months ago.

 

I went to get the vehicle serviced yesterday from a garage I have used for many years,

only to receive a phone call stating due to the car not having a service for a prolonged time,

the oil had become tar and has affected some pipes,

and the turbo is dead, or almost dead.

 

The advice received was to get rid of the car or seek repairs through the seller.

 

I have contacted the garage,

only to be assured I would receive a phone call from the manager (has not happened).

 

I have spoken to CAB Consumer Protection and have been advised to use their templated letter and allow 14 x days.

 

As above I have involved CAB consumer protection and have been advised I am entitled to something (repair etc), so I guess I am just seeking further reassurance?

 

Just wondering if anyone has any success stories, has their bank assisted (I paid with my savings via direct debit card)

 

Thanks

Edited by Qash
further information

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consumer rights act cra


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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The appropriate link for your consumer rights has been posted above.

 

Because this has happened in the first six months of ownership, the dealer is entitled to have one opportunity to repair the problem after which they have to refund you or replace the vehicle – at your choice.

 

Write the letter citing the act and telling them that you are now giving them their single opportunity to repair and that if they failed to respond to you that you will consider that they are waving their right to repair and you are therefore invoking your right to a refund.

 

If they do carry out the repair then I suggest that you have the car checked carefully by an independent garage to make sure that the job has been done properly and that there is nothing else wrong with it.

 

Tell us who the dealer is


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Thanks for that! Reassured me a lot.

 

I’ve sent the letter via recorded so will await a reply, if any. I have now had to pay for further insurance on another vehicle, the costs are mounting up it’s such a disappointment. I hope this can be resolved.

 

My issue now also is the vehicle is off the road, should the garage opt to repair will they expect me to make arranagements of moving the vehicle? I was advised further use of it will ultimately destroy it.

 

Thanks

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you wait for a response to your letter

 

then you ask them to recover

 

if they dont you get it dropped back on their forecourt

tell them you are rejecting the vehicle under the CRA.

 

Tell them to add the delivery costs to the refund.

 

You should also ask them to pay for the insurance for the period you have had the vehicle and couldnt drive it.

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Hi all,

 

Just an update.

 

I sent the letter off acting on my partners behalf (the registered keeper),

however received one back stating they would not deal with someone who is not the keeper,

so a new letter was sent signed by my partner.

 

Letter received is from a lawfirm who specialises with the motor trade stating

 

"This car was taken in part exchange not mechanically checked or inspected sold as seen

 

You were therefore fully aware that you were purchasing a risk and that you were accepting that risk when you agreed to buy the car.

 

That said,

the vehicle was structurally sound at the point of sale because it passed an MOT a few days beforehand.

 

Despite the prominent warning sign given in the advertisement and despite it not mentioning having any service history, you seemingly waited until the car died before taking it for a service.

 

Given all of the above and given the age of the car, its mileage and price paid as well as the fact that a turbo is a serviceable item, our client regards to advise that your request for repair is politely and respectfully declined".

 

In the letter sent, we did not mention the vehicle being dead.

We stated it was advised it will die.

How can I wait for the car to die before taking it for a service?

 

I took it for a service to attempt to rectify the issues and receive advice.

 

I can confirm the advertisement stated "sold as seen", nothing else.

 

Is this the end of the road?

I plan on speaking further with consumer protection,

I am willing to go further,

 

however the garage appear to have already shown their hand by involving a "law firm" right away!

 

 

Cheers

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which to me smacks of them knowing they don't have a leg to stand on

so..have forked out about £150 to get these muppets to frighten you away..

 

don't .....call their bluff

stand your ground.


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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Thanks for the advice,

I do plan on standing my ground for as long as possible!

 

I will update consumer protection tomorrow, am I right in assuming this will go directly to a small claims now?

 

I'm absolutely gutted,

we used our savings to purchase the car in bid of making our circumstances better, which lasted a few days shy of two months.

I was unfortunately naive to rely on their reviews.

 

I also fail to understand how they can use the argument of it not being mechanically tested etc,

 

say for arguments sake something dreadful happened with the car whilst it had occupants

(i.e an issue causing it to crash due to being unroadworthy),

could that argument still be used?

 

Somewhat unrelated/dramatic I know,

but I just fail to understand how that can be thrown in someones face, if it was a scrap dealer/battered car dealer I would understand.

 

Thanks again folks

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This car was taken in part exchange not mechanically checked or inspected sold as seen

 

not your problem its theirs they cant just sell crap on to people and think they can get away with it.

 

how did you pay them?


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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go do a chargeback to your bank and dump the car on his forecourt if successful.

 

dx


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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No motor dealership can sell a car to a private buyer "sold as seen"

It matters not a jot what their advert stated.

You cannot write off your statutory rights.

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the lawyers will claim that they are only repeating what their clients told them to say rather than admitting they have just written a load of twaddle that admits their client is breaking the law.

 

IF you were a trade buyer they could sell you any old scrap and it would be tough luck, buyer beware,

but you bought a car and that means they have responsibilities to ensure it works and as they are professionals in this field they cant lay the blame elsewhere or deny you your rights etc.

 

Dont take the letter as meaning anything,

it is just an admission they are wrong in my eyes

because the lawyer clearly hasnt considered their clients liabilities and has thus caused them more problems.

Advantage you.

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Thanks guys - your words mean a lot!

 

I have spoken to Consumer Protection today (joys of shift work!) and have advised I send a "letter before court".

 

I have used their template online, however have had to change some wording as the garage have replied whereas the template states no response.

 

Does anyone have any idea as to how long I am required to give the garage for a response? The letter states 30 days, to be honest I don't want to drag this out - but if 30 is the standard, then that's fine.

 

- "to be honest I don't want to drag this out..",

 

I am happy to proceed further via small claims as this has royally knocked us back; I mean I would rather not wait 30 days for a response (if any) regarding the letter before court letter until I can proceed with the small claims! :-)

 

Is this suffice (assuming I do not have to wait 30 days, I have put 14 taking in to account the Christmas period)

 

Letter before court claim

,

Re: faulty Ford Focus

 

I am once again requesting a full refund of the purchase price of £1,100 on the grounds that the goods were not of satisfactory quality under the Sale of Goods Act. I enclose a copy of the proof of purchase.

 

I would like a reply as soon as possible so that I know you have received this letter. If you don't agree to the refund, could you please then send me a detailed response saying why you don't agree.

To avoid taking court action, I am willing to use Alternative Dispute Resolution to resolve this problem.

 

If I do not receive a satisfactory response from you within 14 days of the date of this letter, I intend to issue proceedings against you in the county court without further notice. This may increase your liability for costs.

 

I refer you to the Practice Direction on pre-action conduct under the Civil Procedure Rules, and in particular to paragraph 4 which sets out the sanctions the court may impose if you fail to comply with the Practice Direction.

 

I look forward to your acknowledgement.

 

Yours sincerely

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14 days

title it

 

letter before Action

 

give them 14 days to respond

 

if they don't you'll be sending a 'letter of claim' giving a further 14 days and WILL BE issuing court proceedings without further notice

 

so you didn't try the chargeback then>?


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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Thanks dx

 

I contacted Barclays, twice!

 

First person didn't understand what a chargeback was,

I asked to speak to my local banking team who were somewhat helpful.

 

They state it cannot be done as it was with a debit card,

 

however if I had used my barclaycard then they could take action?

 

I find this somewhat irritating as I honestly thought even on a debit card I was protected.

 

I have the receipt from paying with my debit card and it was issued by WorldPay.

 

I know from experience in my previous job as I have dealt with chargebacks (investigating moreso),

that worldpay do take action,

however usually on the fraudulent use of cards.

 

Could it be worth speaking with them?

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Urh charge back is with a debit card not a credit card

 

What are they on about...


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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the bank is being either deliberately thick or they havent trained their staff properly

even though this has been part of the banking code for years.

 

Worldpay are just a payment gateway and nowt to do with any of this.

 

bit like you cant start a dispute with the cash machine because you used the hole in the wall to withdraw the payment for your window cleaner and he didnt clean your windows

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Hi guys,

 

Apologies for not replying, between Christmas and shifts life's been hectic (and obviously car issue)

 

I sent my letter before court and received a response on the 4th of this month from their "law firm"

one sentence telling me to refer back to their original letter

- nothing will be done about it.

They also got my registration wrong, very professional!

 

I have been on at the bank numerous of times and I am hitting walls on this chargeback,

the handlers do not understand what I am asking,

when put through to some form of team leader I am immediately fobbed off.

 

Where am I going wrong?!

 

I assume it is now to issue a small claim?

 

Can some lovely person please advise the next step?

 

I would love for my bank to assist, but I'm failing

- I am aiming to go in to a branch directly,

 

but I assume that won't work either.

 

Thanks guys

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sadly Barclays are useless at chargeback and always have been.

 

https://www.barclays.co.uk/help/cards/debit-card/visa-debit-card-problem/

 

see if this make a diff

there should a number on your card use that one?


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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Phoned bank today, expecting a call back tomorrow from a manager! In the mean time, are there any guides on processing small claims proceedings?

 

Thanks

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Finally spoke to Barclays! Manager states as it was ‘chip and pin’ it’s sold as seen?? I argued the toss of what’s the point in visa protection, to which he said I should of used PayPal?? Absolutely disgusted.

Anyway, making an appointment with CAB this week to hopefully get help with the small claims.

 

This is causing so much stress, even though fortunately it’s £1k :-(

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Even the Barclays manager has not a clue.

Chip and pin has nothing to do with anything apart from security.

Car dealers cannot sell cars to non traders "sold as seen"

Take them to court.

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Jeepers, this is the 2nd case recently where the bank seems totally unable to initiate a chargeback citing rubbish reasons. Even their Manager is incompetent.

 

Have you spoken to Trading Standards or looked online to see if others have had problems with this trader.

 

In your case here, I think Small Claims via CCMCC is the next step. You quoted SOGA in post 13 but you'll rely on the more recent Consumer Rights Act 2015.


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Finally spoke to Barclays! Manager states as it was ‘chip and pin’ it’s sold as seen?? I argued the toss of what’s the point in visa protection, to which he said I should of used PayPal?? Absolutely disgusted.

Anyway, making an appointment with CAB this week to hopefully get help with the small claims.

 

This is causing so much stress, even though fortunately it’s £1k :-(

 

https://www.moneyclaimsuk.co.uk/PDFForms/money-claim-online-user-guide.pdf


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Hi all,

 

Just checking in with an update.

 

I have submitted a claim via small claims and today have received an acknowledgement that the company wish to defend "all of the claim" and that they have 28 days to do so. I am curious to ascertain what will happen now? I expect they will hit me with "sold as seen", but again I've been informed this is a motion that cannot be pursued; is this true? I also anticipate an argument of the fact the car is high mileage and old, but again, who expects a car to die within less than 2 months?!

 

Thanks all

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