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Jacaranda_a

Used car purchased with major faults

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Hi, I purchased a car (2012 plate, around 5k, 42000 miles) from a Dealer in July.  The day the vehicle was drove away we noticed a major issue and minor faults.  Minor issues, very low pressure -15psi on one tyre and around 25psi on others. All losing pressure each day - should be 37/38psi, one brake pad also started squeeling. Major issue was rattling / clunking from under the car when changing gear. Suspected gearbox / Dual Mass Flywheel.  All reported to dealer within a few days.  Dealer thankfully replaced brake pads and sorted two of the three tyre pressure issues. Our local tyre outfit fixed the third as still lost pressure eaxh day whilst on holiday) Dealer confirmed no issue with clunking noise, this was apparently all normal for age / milage of car......

 

The turbo pipe was also leaking when I looked round the car initially. I was told this was down to a recent oil change. Turbo pipe split whilst we were on holiday so AA have temporarily repaired the hose.... the dealership said this was down to wear and tear even though the pipe had seepage. 

 

Over the next weeks during the summer holidays the loud clunking noise remained. After our second holiday at the end of the summer (end Aug) I contacted our local garage who mentioned it could be a failing gearbox! I immediately contacted the dealership again as I was very concerned.  It was agreed they would diagnose again, this time they said the noise could be DMF after some deliberation.  We were informed to use our A1 warranty to which I stated it doesnt cover pre existing faults. (Also max claim of £200).   I explained that it would be the dealerships responsibility to fix this issue. Nothing was agreed but they mentioned they know someone who could maybe do the work at their dealership during the evenings but he was on holiday at the moment..... (alarm bells)  I asked for clarification of repairer with regard to specialist knowledge of DMF / gearbox issues and requested the dealership provide guarantee for the work, and use OEM parts etc.  (I would not be paying towards any costs)   

 

They then very abruptly said that the situation as been passed onto Lawgistics (a legal advice company for the motor trade)

 

Spoke to Citizens Advice and they recommended I write an official complaint and to request a repair which I have done.  (By post) They have received this and said that Lawgistics will be in touch.  From what CAB said I am under no legal obligation to communicate with anyone other than the dealership with regard to my complaint letter and request for repair. Is this correct?  

 

I have had the car independently diagnosed by a main dealer. It's a failing DMF which they have quoted over £1600 to repair. 

 

Depending on their response am fully prepared to move to reject the vehicle  or ask for repair cost to be met at 100%.  I am aware the dealership aren't legally bound to refund fully 100% due to wear and tear. (As its after 30 days) 

 

I have a couple of questions if that's ok?

I am convinced I have a case due to the car being of unsatisfactory quality under the Consumer Rights Act 2015? Does this seem correct?

 

I've also read that an oil leaking from turbo pipe could mean failing turbo so would prefer to reject the car but dont want to loose to much money on refund. Done 2k since owning. 

 

I will be ignoring comms from this lawgistics company as the contract complaint is between myself and the dealership.  Is this right? Guessing they just send out scary warning letters to bully consumers away from their members. 

 

This is our only family car, even though its limping along do I have to stop using it once I reject it.

 

Many thanks

 

Jacaranda

 

 

 

 

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Any help on the above would be greatly appreciated as I am fully prepared to take my case to small claims court if no resolution is found. 

 

Kind regards

 

Jacaranda

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At 42000 miles a failing gearbox should be reported to manufacturer. 

Some are better than others and want to know the reasons for such an early failure.

I assume this is a manual, so early failure could be blamed on user error.

Anyhow,  you have advised them of the major fault within 30 days, so they know there was a problem which they said it wasn't a problem. 

Now the main dealer has diagnosed the problem which was a problem from the start as you reported.

You must get a report from them and pass it on to the seller.

If they appoint a legal representative,  deal with them, no issue there.

Anyone has the right to appoint a representative,  as long as they told you in writing that's fine.

Point now is that if you reject the car you should stop driving it and this could drag for months and months.

I would personally get quotes from independent specialist garages which will definitely charge less than main dealer, even to the tune of 50%.

Then negotiate with seller and see if you can get money out of them (unlikely).

Otherwise you'll have to give them notice that you will get the car fixed and claim for the repairs later.

Again, I would be looking at specialist independent garages as you never know if you'll be able to get money back even if you win in court.

Could you please tell us who the dealer is and what car are we talking about?

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Thanks very much for the knowledgeable answer.  That helps a lot.  Not quite sure where I stand legally with regard to providing the dealership name and car model.  Just unsure what sort of response I am going to receive from their legal representation as concerned I dont have any. (And cant afford any)   The dealership in question is listed in the AA site as reputable dealers which are supposed to follow codes of practice etc. Is it worth while registering a complaint with the AA.  

 

https://www.theaa.com/cars/dealer-promise

 

Thanks

 

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You can name the car,  might help with advice on actions, for example, Ford Fiesta Fusions seem to have the old Ford Thames circa 1963 issue of sticking in gear.


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Thanks, thought that maybe the case. 

It's a Chevrolet Orlando

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Honestly I had to google that car as I never heard of it.

Not to my surprise I got lots of dmf for sale.

Must be something that goes wrong.

To answer your question,  complaining to all the various ombudsman and mediation agencies is a waste of time in my experience. 

Starting court proceedings is much more effective. 

Before you start though, I would check a few things:

1. How long the dealer has been in business 

2. Is it a ltd company?

3. are they likely to have any asset?

4. Do they have bad reviews online?

 

Point 1 and 2 are of particular importance because if they are an established business running for many years, they're less likely to be insolvent. 

Differently if they've been open just for a short while and they sold you the car under the limited company safety net.

In that case they could simply close the company and reopen next day with a different name , operating from same premises with same employees; you'd never see the money even if you obtained a ccj.

So a bit of digging from you is needed.

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Thanks very much for the advice,  time for some more research. 

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