Strattons of Bournemouth refusing to refund on faulty vehicle

[BankFodder]

Welcome to the forum. I'm afraid that it's absolutely correct that all the people who you have contacted for help will be unable to help you. We can certainly take you through a more assertive approach if you are prepared to do that.

I hope you won't mind me asking, are you on your own or do you have support from a partner or relative. Although bringing a small claim action – if that is what you need to do – is fairly straightforward, on the other hand if you are dealing with a newborn at the same time then it might be a little bit stressful.

Please will you tell us the name of the garage. Can you also tell us about the vehicle – model, make, age, mileage, price paid – et cetera.

Where is the vehicle now? Are you still driving it?

 

[BankFodder]

I'm a bit amazed that they have accepted the return of the vehicle and yet they won't refund you. Has there been any correspondence which has passed between you?

Have you been talking to them on the phone? Email? Writing?

There is no problem about taking a small claim action. We will help you all the way. But it is best to be prepared and so would like to get more information.

However there is lots of information here about bringing a small claim. If you follow some of the small claims links you will find out the basics about county court procedure.

[BankFodder]

Follow the link to small claims and also to letter of claim and that will give you a starting position.

Have you any idea why the engine management light came on? Have you had any independent inspections of the vehicle?

Is this the garage here - https://www.google.com/maps/uv?hl=en&pb=!1s0x48739f2757f56657:0x15dac4b4f464b03d!3m1!7e115!4s//geo0.ggpht.com/cbk?panoid%3DfLR4cG4wQAsbT9HRE5fSgw%26output%3Dthumbnail%26cb_client%3Dsearch.gws-prod/local-details-getcard.gps%26thumb%3D2%26yaw%3D346.85928%26pitch%3D0%26thumbfov%3D100%26w%3D572%26h%3D192!5sstrattons+of+bournemouth+used+car+sales+-+Google+Search&imagekey=!1e2!2sfLR4cG4wQAsbT9HRE5fSgw

 

 

... and here https://www.strattonsofbournemouth.co.uk/

 

[BankFodder]

https://www.trustpilot.com/review/strattonsofbournemouth.co.uk

 

[BankFodder]

Okay, under the consumer rights act, if a defect emerges within the first 30 days of the contract then you are entitled to the short-term right to reject – which means that you can reject the vehicle and recover your money plus any losses which have been reasonably incurred – such as insurance et cetera.

In case you haven't actually asserted the right, you should write to them and make it clear that you are rejecting the vehicle and you are asserting your right to reject under the consumer rights act. This doesn't mean that they are going to suddenly leap into action but it means that you have they done your marker. Let me say that there is some question as to the extent of the defect and there has been some debate on this forum as to whether even a blown bulb might amount to a defect which is capable of triggering the right to reject. I've come to the conclusion that the defect must mean that the vehicle is not of satisfactory quality. You have pointed out that there seems to be a reasonably serious fault with the vehicle and although it could be repaired in two days, it is likely that that full would mean that the vehicle was unsatisfactory.

If you want to bring an action then we will help you. I've asked you above if we have identified the garage correctly – but you haven't addressed those questions.

Your problem at the moment is that they have your vehicle and also they have your money. They have offered you £2000 as a gesture of goodwill and am wondering whether it wouldn't be strategically wise to accept the £2000 as a gesture and then go on to sue for the remaining £500. Have you incurred any additional losses?

[BankFodder]

Has the ownership of the vehicle actually been transferred? I'm not sure how it works. Do you get a tax refund automatically or do you have to apply for it? If you don't apply for it then does the road tax stay with the vehicle?

[BankFodder]

The other thing you could do could be to take the car back, get a quote for the repair and then sue them for that. This could be the safest option because it would mean that you would have the car, repaired to a satisfactory standard and then you would be able to recover the cost of repairs from the seller.
I'm a bit worried that they have your car and they also have your money. I'm afraid that looking at the Google photograph of their premises, it's not very inspiring.

Looking at their website it seems to me that they display all their vehicles in some much prettier parking area but on the Google picture it seems to me that they simply occupy a yard behind some corrugated sheeting. You may know better than me about this but I'm worried about them suddenly just disappearing. I'm trying to keep your risks to a minimum

 

[BankFodder]

I have no doubt that that those other posters are involved in the car industry in some way – but although on the basis of what you say I do think that you have a good case for saying that the car is not satisfactory quality, I would also say that you have told us that although the engine management light appeared from the outset, you have not told us that you notice any particular problems with vehicle and Strattons did agree to sort the problem out.

I gather that from what you have said, that the real issue was that you immediately lost confidence in the vehicle. I can understand that and I think it is very reasonable but on the other hand it is true that it was a very old vehicle and a very cheap price and although I agree with you completely that the vehicle should not have had the EML eliminated, I wonder whether the problem might not been sorted out with a bit more talking to each other.

If you want to bring a legal action on this then of course we will help you but it is certainly the case that the moment you have no money and no vehicle. You say that the dealer has a poor background of reviews – but in fact we have only been able to discover one negative review although it is true to say that we haven't discovered any positive ones. I have also to say that although I am of the view that they should have refunded your money immediately, the fact that they made the proposal they did, tends to suggest that they are trying to work in a reasonably ethical way. Despite this, it doesn't undermine your rights.

I think an important aspect of your case here is that you clearly discuss the vehicle with them, identified various faults and you agreed to take the vehicle with those faults. The EML was not discussed and by its omission, for whatever reason, this very specifically not part of the deal and I think this adds weight to your case to reject the vehicle.

I think by large this discussion has gone on long enough. It is now if you do decide to take your assertive action which is to issue a letter of claim and then to begin a county court process. Don't expect that this will produce a solution very quickly. It is very unlikely to do so. I'm going to say again that it is a shame that you didn't accept the £2000 and then proceeded for the balance. That would reduce the problem and also the possible costs.

Have you sent off the letter asserting your right to reject? This is very important

Also, you had better understand that because we have had have visitors from the motor trade, in all likelihood they will have informed Strattons.

[BankFodder]

Please post links to the other reviews that you have found.

I think it would be a good idea to try and send them an email or voice message saying that you want to make a final attempt to negotiate the situation – but at the same time you should certainly send your letter of claim.

[BankFodder]

Thanks for the link. However it's not clear as to which garage or service it refers to. I'm afraid this is important as well.

[BankFodder]

 

Quote

Mass airflow sensor

The mass airflow sensor (sometimes referred to as a hot-film mass airflow sensor, air mass sensor, mass flow sensor or MAF) is vital for the efficient running of an engine. In its combustion chambers, an engine burns a mixture of fuel and air. The ECU uses data from the mass airflow sensor to calculate how much fuel to add to the combustion chambers to match the amount of air flowing into the engine.

 

https://www.carbuyer.co.uk/tips-and-advice/155372/engine-management-light-top-5-causes-of-amber-engine-warning-light

 

Quote

Engine management light

Safe to drive?

Yes – if it’s always lit and there's no loss of power. You should get it checked as soon as possible.

No – if it's flashing while you're driving. Avoid heavy acceleration and high engine speed. Stop the vehicle when it's safe to do so. Restart the engine after 2 minutes to reset the engine management system. If the light's still flashing, turn off the engine and contact us to report your breakdown.

Next steps

Get a garage to check the engine soon to avoid damaging the catalytic converter or diesel particulate filter.

The problem

Cars have lots of sensors to check if everything's running smoothly. If there's a problem, the sensor will tell the engine control unit (ECU) which will turn on the engine management light. There are many reasons why the light will show but a garage can check what the cause is.

https://www.theaa.com/breakdown-cover/advice/dashboard-warning-lights

 

 

Quote

Mass Airflow Sensor

If you fail to replace your vehicle’s air filter, the check engine light can turn on. A faulty air filter will result in lower gas mileage, more emissions, and stalling in some cases. During a regular maintenance check, we can look at your mass airflow sensor and service your vehicle if needed.

 

https://www.mercedes-benz-brampton.ca/the-top-5-reasons-your-check-engine-light-is-on/

 

 

If you are going to bring a legal action then I suggest that you start searching the Internet for "engine management light" and download various bits of commentary about it.

The three quotes I've included above refer to the airflow system and make it clear that it can cause fairly serious problems – although not unsafe to drive but it should be attended to. The last link to a Mercedes website suggest that a regular maintenance check should deal with it and that suggests that the dealers had not performed some basic checks before selling the vehicle.

I think these kind of things could be helpful to you assuming that you are going to bring a legal action. Certainly, it seems to me that if statins felt even to carry out a standard maintenance check before selling the vehicle – or that they missed this fault, because you say that the EML was eliminated right from the beginning, then this suggests that they sold it in an unsatisfactory condition. Given the concerns with environment and so forth the increase in emissions because a function of the vehicle designed to reduce these did not work correctly, would itself be of concern to any reasonable consumer.

If you came before a judge who was a climate change denier then you might have problems

[BankFodder]

If you are asking questions as to the amount of time you should wait before beginning an action then you obviously haven't been reading around this forum to find out about bringing small claims in the County Court or sending a letter of claim.

You have to send off a letter of claim and give 14 days. County Court procedure at this level is extremely easy – but you must spend a bit of time reading around and understanding the steps so that you have confidence. Start now

[BankFodder]

Yes, I realise that you have a rather stressful situation. I pointed out in my first post you on 10 January that your position might make things a bit difficult and I asked you whether you are supported at all by a family member.

County Court procedure at this level is not difficult but on the other hand it can be disruptive – especially if you have some other disruptive events going on in your life – which you clearly do.

This could possibly be another reason for trying to reach out to the garage and either to get the car back, negotiate a full refund – or accept their offer and then proceed for the very reduced outstanding balance.

I have to say that the third possibility – to accept their £2000 gesture would have been my choice if you had come here earlier before rejecting it.