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spinningfish

Jaguar Won't Take Responsibility for Design Fault

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All well and good Bankfodder, but you can't scream CRA at a dealer who sold you a car 6 months ago and expect them to jump at your orders.

I am well against rogue traders, but in this instance we need to look at the dealer side as well.

They will inevitably deny that there's an inherent fault, that's why I suggested to make a video recording of it.

Also, they don't know what has happened to the car.

They have been told that the wipers pump flooded the interiors and some electric, but some smart boys could make this up after leaving the car near a river and getting flooded.

They have to verify the fault first, correct?

I believe you've already been told about this on another thread and eventually had to agree.

If you don't take the car to them, how are they going to verify the fault?

And if they collect the car at their expense and find that it's not an inherent fault, are they going to be at a loss?

By all means, some good garages would collect the car and do an inspection warning the owner that if there's no inherent fault this service would be charged, but many don't like being in credit.

Hence I suggested to take the car there.

This is not submission,  it's common sense.

Think about the potential court case: their defence would simply be "we have not been given the opportunity to inspect the vehicle".

As you know I'm the last one to stick up for car dealers, but in this instance i think you're jumping a few steps.

That bulletin is very good evidence that transport, inspection and repairs will most likely be paid by jaguar or be part of the civil claim.

But in all honesty, Jaguar and the dealer have no leg to stand on  given the opportunity to inspect the vehicle. 

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Well in that case I think that I am jumping the gun a bit.

I hadn't understood this but still it's a good thing that you sent the letter within six months.

I think that you should probably now write them a slightly more conciliatory letter but start off by telling them that as you have now asserted your right to reject under the consumer rights act, your true interest is in having the vehicle repaired (if that is correct) and that you want to know what arrangements they are proposing to make to collect the vehicle and to repair it and then to return it to you.

As I say, keep the letter very conciliatory but I would then follow it up with a phone call in a few days time to follow up and to ask them what is going to happen because the vehicle cannot be driven and you need it.

Once you understand what their reaction is, we can then decide what attitude to take.


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13 hours ago, king12345 said:

All well and good Bankfodder, but you can't scream CRA at a dealer who sold you a car 6 months ago and expect them to jump at your orders.

I am well against rogue traders, but in this instance we need to look at the dealer side as well.

They will inevitably deny that there's an inherent fault, that's why I suggested to make a video recording of it.

Also, they don't know what has happened to the car.

They have been told that the wipers pump flooded the interiors and some electric, but some smart boys could make this up after leaving the car near a river and getting flooded.

They have to verify the fault first, correct?

I believe you've already been told about this on another thread and eventually had to agree.

If you don't take the car to them, how are they going to verify the fault?

And if they collect the car at their expense and find that it's not an inherent fault, are they going to be at a loss?

By all means, some good garages would collect the car and do an inspection warning the owner that if there's no inherent fault this service would be charged, but many don't like being in credit.

Hence I suggested to take the car there.

This is not submission,  it's common sense.

Think about the potential court case: their defence would simply be "we have not been given the opportunity to inspect the vehicle".

As you know I'm the last one to stick up for car dealers, but in this instance i think you're jumping a few steps.

That bulletin is very good evidence that transport, inspection and repairs will most likely be paid by jaguar or be part of the civil claim.

But in all honesty, Jaguar and the dealer have no leg to stand on  given the opportunity to inspect the vehicle. 

 

In fact none of this is relevant because we have just learnt that there has been no prior communication with the dealer at all. I have to criticise the OP for this. It should have been the first port of call and it seems extraordinary to me that he didn't immediately contact the seller of the vehicle and let them know what has happened.

This is definitely the wrong approach. I may be aggressive about these things  but I'm not necessarily conflict oriented if there is a cooperative dealer who respects consumer rights. I had assumed that as the OP was now contacting Jaguar direct, that he had already made overtures to the seller and had been rebuffed. I now understand that this assumption was completely wrong.


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In fairness to myself, I didn't contact the original seller first, as I didn't realise I had any right to do so.

 

The car was sold with three months free warranty and I thought that was my lot, hence getting in contact with my local Jaguar dealership first.

 

Huge apologies for any confusion.

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I think what you have said bears out everything that I said earlier about how the these three months or 12 months warranty is et cetera eventually reduces consumers awareness of their very powerful statutory rights in this country and finally produces a consumer culture which has very minimal expectations of any transaction. You can read what I wrote about this a few years ago when I was looking at extended warranties – follow the link.

I hope that you will now understand that you have powerful statutory rights which render most of the other promises that you are given by any seller completely redundant. I hope you will now understand that when you make a contract with somebody, it is that contracting party who is responsible for all of the obligations they undertake towards you. They can't shift responsibility to 1/3 party – even though sometimes it might be more convenient to do so but in the event of any problems, the buck stops with the seller.

Don't be swayed by three month warranties or extended warranties or 12 month warranties – they are meaningless and they are just a confidence trick.

I've looked at the website of GCS and it concerns me that there don't appear to be any terms and conditions at all and certainly no reference to your statutory rights. When I see this kind of essential information missing from any business website, it rings alarm bells for me and it makes me think that they don't really want you to know your rights might be.

It looks as if it has worked very well with you


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Afternoon guys.

 

Just received the following from the dealer I purchased from:

 

Dear Mr Fish.

 

Sorry to hear you are experiencing problems with your car.

 

Unfortunately my contract of sale on this vehicle is with CarMoney Ltd and any issues or complaints will have to come from them. You can contact CarMoney on 0333 4564550 you will need your finance reference number for security.

 

Kind regards
David Wickes
GCS Cars Ltd

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Is this a purchase or a hire purchase?


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Where did you buy ghe car from?

I mean, what does your sale receipt says?

GCS or Car Money?

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