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Faulty Car from Peter Vardy, Edinburgh ...My Rights **WON**

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Hi all I bought a car on the 30/03/18, It is an Audi A1 and cost just short of £11,000.

 

I had to phone them as soon as I got home as it came up with a lights malfunction on the dash.

They said I could just pop in and they would replace the bulb.

As I was at work all week was planning to take it on my day off the 09/04/18.

 

However on the 06/04/18 another light malfunctioned.

Phoned and asked to book it in as there were now 2 malfunction lights and was asked what ones ,told her left reverse and now right brake lights.

I was told I did not have to book it in as bulbs could be changed while I waited.

 

Hubby took time off work to go down only to be told as it was a brake light had to have safety checks.

Re-booked for the 09/04/18.

On the way to the garage more lights malfunctioned 5 in all and all back lights.

 

Sat for three and a half hours in the garage and was told that it was an intermittent fault.

Bulbs were changed and tyre pressure adjusted and if it happened again just to phone them.

 

However left garage travelled less than 3 miles and 2 light malfunction warnings came on again.

Phoned as soon as I got in to tell them and was told they had tried to phone me, which they had but did not answer as I was driving, to say that the mechanic wanted the car booked in again as he wanted to check the wiring.

 

As far as I was concerned I thought they had fixed it and signed off that it was done.

Asked the girl I spoke to if it was safe to drive to which she replied I wouldn't if it was me!!!

She booked it in for this coming Monday 16/04/18.

Have been getting buses all week and my lovely new car has sat in my drive and I have got angrier the more I think about it.

 

I phoned The garage today and told them I am not driving the car in to them as if a member of their own staff wouldn't do it why should I and I also told them I want a full refund as they had sold me a faulty car and they had had a chance to fix it and they failed.

 

He has told me it is not as simple as that and I have to give them a chance to fix it.

He is sending someone now to pick the car up and they are going to have a look at it.

 

Am I still entitled to have all my money back including the extra money I paid for their GAP insurance.

I have read that I am but a bit worried they will not give me it all back.

Thanks in advance.

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id be cancelling the GAP and any other insurance/warranties they made you pay for.


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Please tell us which garage you are dealing with.

 

This purchase is governed by the Consumer Rights Act which provides that if a fault manifests itself within the first 30 days of purchase, then you are entitled to demand a refund or replacement at your choice. The garage is not telling you the truth. Let's hope they simply don't know the law rather than telling you barefaced lies.

 

It is called the short-term right to reject. In order to invoke the short-term right to reject, you must let them know very clearly that you are invoking this right under the Consumer Rights Act and you must tell them whether you want a refund or replacement. Send it to them in writing by email and also confirm it by recorded delivery letter.

 

The garage is responsible for collecting the vehicle and taking it away.

 

Even if you would really like the vehicle back repaired, you should serve them with the notice anyway so that you at least then reserve your position. If they then say that they will carry out repairs, and you agree to this, then you should put it in writing that you are agreeing to the repairs that you are not giving up your rights under the Consumer Rights Act to insist on a refund.

 

You should set about this immediately. Once they understand that they are at risk of having to take the car back and refund you, then maybe they will take it more seriously. However, if you are now nervous of the car – and maybe you should be – as well as their own attitude to you as a customer who has paid a lot of money, then maybe you should simply reject the car anyway. It is up to you.

 

I would suggest that if you would like to keep the car then you get it independently inspected so that you have a list of any faults and you can include all of those when informing the seller that you are asserting your short-term right to reject but exceptionally you are giving them an opportunity to carry out a repair.

 

Give them the written notice straightaway. Don't hang around. Which garage you dealing with?


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Thanks for your replies ..

.the garage is Peter Vardy Edinburgh.

 

I have been saving for a nice car for a while and paid for the car and the insurance in cash unfortunately.

 

I no longer want the car as it is only 3 years old and has done under 10,000 miles I would have expected it to be like a new car.

 

I will email them today and get a letter off to them tomorrow stating that I am using the short term right to reject.

 

Should I send it to the branch do you think or the head office?

 

Thanks Again.

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Send a copy to each of them. One to the branch and one to the head office.

 

Incidentally, don't expect them to be very pleased all very cooperative. However, assert your right and then after that if they won't honour their statutory obligations, we will help you.

 

You should stop driving the car. Take photographs of it so that you have a record of the fact that it is still in good condition – and when they take it away, take photographs of it again as it is leaving – inside and outside.

 

Do I gather that you are in Scotland?


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Yeah i am in Edinburgh...

 

I have not actually driven the car since Monday.

 

They have picked the car up now but i did go out just before they arrived and took photos of the car from all angles.

 

When I went to view the car at an arranged viewing it was late arriving from one of their other dealers and had just came off the transporter.

 

I was unable to take it for a test drive as was arranged but i took pictures to show my hubby.

 

Maybe alarm bells should have sounded then as it had no back lights on it they were in the boot when asked why was told they were changing the bulbs.

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Well make sure that they have in writing that you no longer want the car and that you are asserting your short-term right to reject.

 

Make sure that you inform DVLA that you are no longer the owner of the car and return all paperwork to Peter Vardy.

 

I suppose that you have incurred costs for insurance et cetera. You can claim this back from Peter Vardy as well. Have you paid anything for any extended warranties? You should cancel those and claim all your expenses back from Peter Vardy.

 

However as they have collect the car, it may be that they are going to behave responsibly – which is excellent because many car dealers don't. Let us know what happens.


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I have just emailed the edinburgh branch and have said I am invoking my rights under the consumer act and am invoking the short term right to reject.

 

I have said I want a full refund and requested a call back tomorrow.

 

I will put it in writing tonight and post to the edinburgh branch and to head office tomorrow by recorded delivery.

 

I had 3 months warranty but this came with the car so no costs there.

 

I paid £300 for a gap insurance through Peter Vardy,

bought car mats,

filled it with diesel and paid my car insurance for the whole year upfront,

so will lose some money on that when i cancel it,

also had to pay bus fares all week.

 

Thank you so much you have made me feel more confident about getting my money back.

Edited by dx100uk
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You invited the garage to repair, therefore you should allow them to fix it. You cannot now reject unless you can prove the fault was present at the point of sale.

 

If the repair you invited is being carried out under warranty it does not count at a “statutory repair”. The advice you have been given is extreme to the point of being completely unreasonable. The CRA is all about being reasonable, we are talking a minor failure, not an engine failure...

 

You should be reasonable. That’s the first requirement and the whole “tone” of the CRA.

Edited by buyer-beware

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Just a quick update

...a manager phoned to say that the car is now fixed...it was only a minor repair!!!!

 

I have told him my position has not changed and I am still wanting a full refund..

.he has says it is not as easy as that as they have fixed it.

 

..stated that it was as easy as that as by law as the fault was discovered with 30 days of me buying it I am entitled to a full refund.

..to which he replied yeah but there are loopholes!!!

 

Told him I am off on Saturday and I intend to come down on Saturday morning and hand all paperwork back and the spare key.

.his reply....

Saturday is our busiest day so not sure if we can do that .

 

..stated again that I want a full refund .

..he has says he will have to speak to his manager if I want to go down that road...

 

Waiting now on him phoning me back.

 

Is there a loophole?? or just a manager who is at it ...

Edited by dx100uk
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To be quite honest IF they actually have now fixed it then I'd give them this one chance and see how it goes, but reserve your right to reject if it happens again.

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Thanks for the reply,

I don’t want the car back now ... have really lost faith in it and in Peter Vardy....I just want my money back ....

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Understandable. Hopefully they will not be too awkward!

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There are no loopholes. They're telling porkies. If I were you I would put some reviews up on trip advisor and elsewhere. You should tell Peter Vardy about the thread on this website and elsewhere.

 

Certainly, you should get rid of the paperwork and also make sure that DVLA know that you don't own the car any more. You may have to bring a legal action – but if you do, then your chances of success are much better than 95%. You should also claim all of your expenses and any other losses.


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Incidentally, I get the impression that you are talking to them on the telephone without having read our customer services guide. Please do it now


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perfect day to go hand a faulty car back...shame the showroom will be full of potential customers....

if when you are there he keeps up this stupid loophole

you walk out he office and start talking in a rather loud voice!!:lol:


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Got a phone call back tonight to say they are going to give me a full refund...

Thank you everyone especially Bankfodder your help is really appreciated...

Small donation on the way...

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They are not telling porkies. You are giving extreme unbalanced advice and you delete posts which give a balanced response. Would you be prepared to justify your extreme views on the BBC.

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Good well done - but it's a team effort from all of us. Thanks for the donation.

Also I posted a tweet to them and linked to this thread. I think that the realisation that there was social media publicity may have helped :-D


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well done CAG...

 

let us know when you do get it finally in your bank and we'll update the title.

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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Quick update guys...got a full refund this morning:-D

 

I did not get any expenses back as was told I have to go through their head office...

 

Recorded delivery letter on way to them about this.

 

Once again thank you all very much:-)

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well done

title updated

 

 

 

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PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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