purchased a car consumer rights act 2015

[Gi-]

Hello, 

 

I purchased a car from a trader, within a week the clutch had failed and possible porus head,

 

I believe under the consumer rights act 2015, the trader must, refund, replace or repair, as my issues are quite mayor repairs

 

will i be able to claim this back,

the trader is not responding to my calls,

and it will cost me over £2000 to repair at my local garage.

[dx100uk]

name names please

 

how quickly from purchased date did you inform them?

do you want the car repaired or reject it

under 30days the choice is yours not theirs upon what happens.

 

dx

 

 

[BankFodder]

as well as informing them of a fault, you must also formally assert your right to reject the vehicle under the Consumer rights act. This must be done within 30 days of purchasing it.

if you haven't done this and it is still within the 30 days then you should do it immediately by email and confirm in writing

 

[Gi-]

Hello

 

i brought the car on the 11/11/2019,

by the 17/11/2019 the clutch was slipping and the exhust was blowing out white smoke the car is a diesel turbo,

 

I had my daughter with me so i stopped by a local garage formula one auto centre, the checked the car out and told me the dual mass flywheel was due to go and it would need replacing,

 

I contacted the trader immediatly on the 17th,

he responded to me on the 18th where he came to my home address to inspect the car,

he told me there was nothing wrong with it and the garage was trying to con me into them making money,

 

after this i was not satisfied

i took it to two more garages that are close to my home address,

 

one garage said the dual mass flywheel was about to go and the smoke could be a dpf clean,

the second garage gave me the same result that the dual mass flywheel was gone and the smoke could the dpf or turbo due to go,

 

I then messaged the trader to tell him this has been verfied by 3 seperate garages but he chose to ignore me

 

I have now paid £1000 for a new clutch, rear toe adjustment and ball joint right and left.

 

I wish to recover this amount from the trader as a repair because of my health i need to be able to drive, and i really dont have the energy or funds to get back out there to find another car.

 

the garage has confirmed that theres a coolant leak and possible porus head, what means this is a further £1000+ job what needs doing but they said i can drive it for now.

 

I believe my 31 days from purchase will be the 10/12/2019

 

I have contacted him again today telling him that under the consumer rights act 2015 I have the rights by law to request a refund, repair, or replacement,

 

I told him i wish to request a repair, he laughed at me and told me to go to court.

 

I have prepared this letter if anyone can help me make it more professional?

im not very good with letters, this has been ofcourse edited for public

Quote

 

my name

address

 

his name

address

 

22 November 2019

Dear his name,

 

 RE:Complaint about faulty goods

 

I now find the goods have the following fault:   Dual Mass Flywheel and Clutch with possible porus head.

Involved in this matter, are the following professional mechanics involved,

Garage One
Formula One Autocentres, Oxpens Rd, Oxford OX1 1RX,
01865 792799.

 

Garage Two
Unit 1, Oxford Trade Centre, Watlington Rd, Oxford OX4 6NF,
01865 776557

 

Garage Three
Giles Service Centre Ltd
6 Ashville Way, Oxford OX4 6TU,
01865 716888.

 

After purchasing a seat Leon OV57  on the 11/11/2019,

On the 17/11/2019 I reported to you that my clutch was slipping and that I had taking the seat Leon OV57  to a near by "garage one".

 

On Monday 18/11/2019 you responded to my text message and come to my home address to inspect the Seat Leon OV57 at 12:30PM, Where you stated there was nothing wrong with the clutch even though I explained to you that I had taken the Seat Leon to "Garage One".

 

After your inspection I was not satisfied and I then drove the Seat Leon to "Garage Two", Who carried out necessary checks to the Seat Leon OV57, After these checks was done "Garage Two" stated the same result as "Garage One"

 

I then went to a different garage down the road "Garage Three" who done all necessary checks and the same result come back as " Garage One" and "Garage Two" has diagnosed with the Seat Leon OV57, the problem with the vehicle is the dual mass flywheel and clutch.

 

Under the consumer rights act 2015, I have the right upto 31 days from the day of purchase to ask for a refund, repair or replacement

 

the cost of this repair is £1000 and I seek to recover this repair cost from you as a Trader.

 

I therefore give you 14 days to repay this cost, otherwise I will have no other choice to contact my solicitor, , and apply to a small claims court..

 

Under the Consumer Rights Act 2015 goods you supply must be fit for purpose.

As there was a problem with the goods when I bought them, I request that you repair the goods at no cost to me.

 

I have enclosed receipt of cost for repairs. In support of my claim.

 

Please respond within 14 days of receiving this letter.

 

Yours sincerely

 

 

receipt.pdf

[dx100uk]

receipt converted to PDF and added to last post

 

 

 

[BankFodder]

I posted a reply earlier which I have now deleted because I realise that I hadn't read your story correctly.

You have laid out £1000 on repairs to a vehicle which according to you is probably in need of further repairs.

Although you have been rebuffed by the dealer at your first asking, your position would be much better had you provided the quotes for the repair work to the dealer in advance so that he had forward knowledge and was able to present his own opinions before you went ahead and spent the money. This kind of transparency is essential when you are in conflict with somebody who may later on dispute the value of the work which was carried out.

Fortunately you have had more than one opinion from independent garages and this will be very helpful to you.

So in order to recover your money, you have prepared a letter but which is rather open-ended because it simply says that you would like to have a reply within 14 days or else you may go and see a solicitor. Given that you have been rebuffed quite peremptorily by the seller of the vehicle, I don't think that this is going to make very much impression. You need to take control of this and assert yourself. I notice that you say that you are too exhausted to look around for a replacement vehicle. Do you have the stamina to conduct a small claim against this dealer? It's very easy but it will require some tenacity and there won't be a quick solution. I can expect to go on for six months or so before you get a result unless the dealer decides to put their hands up.

I would avoid going to a solicitor if I were you because first of all you incur expenses which you will not get back from the dealer. Also the solicitor will start off by sending letters which will simply delay things further and of course will incur further costs for you.

You haven't told us the name of the dealer – even though you have been asked by another member of the site team. He also haven't told us anything about the car – the make, model, year, mileage and price.

I think we will have to modify your letter based on whether you think that you would be prepared to take your own small claim action. If you do take a small claim action then your financial outlay will be fairly minimal and everything you do outlay will be recoverable – assuming that you win. On the basis of what you say, I would guess that your chances of success are much better than 90%. However, there is the issue that the dealer may try to challenge the value of the work you have had carried out because you didn't give him any advance notice. We will have to deal with this.
 

[Gi-]

Hello,

 

I have not fully paid for the repairs, I told the garage what had happened and they done a 4 month payment scheme for me due to my health and disability I also have learning disabilitys. I have to pay £250 every month starting with a payment of £250 on the 21/11/2019.

 

I paid £1950 for a black seat leon 2007 and the millage is 128379.

 

I have been battleing in family court for the past 7 years I can definatly handle court, I have been trying to source a no win no fee solicitor Ive read some that take 25% of the compansation

 

the dealers name is

 

Edalmo Graciano

105 church cowley road

oxford

OX4 3JR

 

07934042128

 

[email protected]

[BankFodder]

https://gb.vat-search.eu/emKdP_Edalmo+Graciano+Alves+|+EG+Cars - is about the only reference I can find to this dealer. Seems like very small fry.

This gives you another problem which is that even if you win your case, you could have difficulty in enforcing the judgement. This means that you could be out of pocket for the cost of the claim, a hearing fee, an enforcement fee – and eventually get nothing.

I doubt very much where the you will find a no win no fee solicitor who is prepared to take on a case for £1000. They want 25% of something more substantial. Also, they will probably still ask you to front the disbursements – the claim fee et cetera. Furthermore, what most people don't realise about no win no fee is that if they lose, they could be saddled with the costs of the other side – if the other side have actually incurred any costs – which is unlikely in this case because it is a small claim that you should be aware anyway.

This really is something that you must do yourself that maybe you should tell us more about the premises of this dealer.

I'm sorry to say that I think that you have not helped yourself by going ahead with the work – even though you needed the car and particularly, you have not helped yourself by going to the dealer of this calibre because as far as I can make out this is not an established dealer with an established premises and an established business and an established business reputation that he wants to protect.

If you want, give us more information about the dealer – but you need to be very aware that it is never worth bringing a court claim if you are going to be unable to enforce the the judgement

[Gi-]

can i not just claim the money back through the bank under the consumer act

[BankFodder]

How did you pay? With a credit card? Some kind of finance?

I think your chances of claiming are pretty remote and it would certainly be a huge struggle

[Gi-]

Hello,

Some might remember me I put up a post about buying a seat leon,

 

Anyway it has caused me hell!!

 

So I had a new dual mass flywheel and clutch fitted by

 

Formula one auto center 

 

A couple of days later my clutch is slipping and making noises and smells, so I took it back to the garage and they have offered repair it free of charge under Warranty,

 

I have told them I had trouble getting the car into them for the whole day the first time they fixed it and I need my car,

 

I have asked them to provide a courtesy car but they refuse to provide it.

 

Under consumer rights act 2015 

 

Page 23

 

paragraph 2

 

(A) do so within a reasonable time and without significant inconvenience to the consumer and, 

 

(B) bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials and postage)

 

They must cover the cost of this?

 

Thanks again

 

 

[BankFodder]

I think that you should list out the alternative modes of transport and their costs and if it eventually turns out that a hire car is the best alternative then it may be possible that this could be considered to be a necessary expense.

however, you would also have to justify the need for transport. Do you need it for work? Do you need to take kids to school?

[Gi-]

I need it to pick up my son who dosnt live with me and I also need it to get to work after I have my 1 year old every day from 7am till 11, then I work part time voluntary