Car Quay Ltd - Porsche mis described

[nick7602]

Hi Guys

 

Please can you help??

 

I purchased a car on finance, gave a 3000 deposit, dealer reduced the price of the car by 2000  to allow us to get into the car a generous offer we thought, however we have now subsequently found that the car has been modified away from standard and significantly so, and this isn't mentioned within the Auto trader advert.

 

That said we want to keep the car, but the modifications have severely damaged the future value of the car significantly as this is a limited edition car with a plaque and number stating that fact in the car.

 

there are also various issues with the car as you can see from the list below, this is a 2008 Car with 11000 miles on the clock 

 

What we would really like is the car to be repaired and money back reflecting the current value of the car,

 

please do you have a template letter I can send to the dealer? 

 

 

1, The Aircon system is not working.

2, Boot Release Pack Not Working

3, Drivers side window faulty, wind noise and rattling when door closes  

4, NSF front tyre is not N rated as stipulated by Porsche.

5, The Airbag warning Light staying on has not been resolved, and is still illuminated

6, The drivers seat back rest does not adjust and the switch pack is broken

 

I believe the car is not fit for purpose and poses possible safety risk.

 

1,The braking system is not working correctly 

2,The brake discs are none genuine Porsche Discs and are heavily scored and cooling holes blocked with corrosion

3, Brake callipers sticking.

4, the Front Suspension system front bump stops are rotten.

5, front dampers are corroded at the top mounts and need replacing with genuine Porsche  PASM Dampers  

6, Pin Hole in OSF Lower ARB Link Dust Cover

7, OSR Outer CV Joint Leaking Grease

 

Thank you for reading my problem

 

Kind Regards

 

Nick

 

 

 

 

 

 

[nick7602]

Hi

 

I purchased the car 20. of Feb this year, the name of the dealer is Car Quay Ltd, deposit was paid by debit card.

 

We have not as yet made the dealer aware of the concerns we have, preferring to seek your professional advice before contacting the dealer

 

 

Kind Regards

 

Nick

[nick7602]

Hi

 

Rejecting the car is not really what we would like to do, we want the vehicle repairing . especially the safety items such as the suspension system, I have asked a well known and reputable Specialist in the same county as the dealer to furnish me with a quote for the repair work, because of the significant devaluation of this car would I also be entitled to compensation??

[nick7602]

Thank you Bank Fodder

 

Do you happen to have a template for such a letter to be sent to the dealer

 

My Concern is, that with rejection of the car the dealer might turn around and go OK here is your money back, what would we do at that point??

 

[nick7602]

mmmmmm oooops, I have sent the letter outlining that I am reserving the right to reject the car?

 

It did look bit officious, but its now gone in the post? this is what I put down on the heading of the letter:

 

Consumer Rights Act 2015

 

I am Reserving the Right to Reject the Vehicle Named Below,

 Under The Short Term Right to Reject section of the Act.

 

 

 

 

 

[nick7602]

6 hours ago, BankFodder said:

Send a letter rejecting the vehicle under the short-term right to reject contained in the Consumer Rights Act. Even if you don't want to reject the vehicle, at least you have asserted your rights and you have reserved your position.

Monitor this thread for a fuller reply later but send the letter now

I think this was the reason I sent the letter?

[nick7602]

I have now sent an E Mail apologising for the officious nature of the email, and hope that they will see it as purely a formality 

 

 

 

[nick7602]

the car is a dream car that both my son and I have wanted for a long time, and to get one that is also a limited edition proved to hard to resist, the mileage sadly is a typo on my part, the real mileage is 111000 miles, this didn't put me off because a modern engine if looked after will last a long time, so you can imagine having realised the car is modified this has now compromised the value of it, and I would find it difficult to find a buyer going forward should we wish to sell at some point.

 

 

[nick7602]

I see what your saying, the car originally was priced at 15k, the dealer reduced the price by £2000 which at the time I thought was very generous, but at that time we honestly thought we were buying a none modified car other than perhaps a sports exhaust due to the loud nature of the exhaust note, and no mention of the reduction being because of the fact that the car is modified,

 

running a Hpi check the price indication within the report suggests the car should have been for a clean full service history example £12950,00, and this it was, and we purchased at £13000 with a deposit of £3000 From ourselves, with finance being £10000.

 

early indications from the Porsche specialist this morning now indicates mild engine modifications.......had all of this been known at the time of purchase, I would have thought that a more realistic sales figure would have been £8000 less our deposit giving  a finance figure of £5000

 

None of the modifications were mentioned anywhere in the advert on Autotrader of which I have a copy, the dealer cant also say he didn't know about the modifications because clearly stated within the advert is and I quote "all vehicles we sell are mechanically prepared and the vehicle serviced before being sold to the customer"

 

well this cant be true, because having spoken with the Porsche specialist the vehicles brakes are possibly dangerous and the vehicles Airbox has been substituted for a performance induction system, both of these concerns would have been picked up during the vehicles servicing and mechanical preparation before being handed over to the customer, so as you can now see the price given by the dealer is way off the mark and really should have been £8000.

 

Im not a stubborn or confrontational person by any means, and all the above said we will have to come to some sort of compromise, the engine mods I can sort of live with, but the braking system and suspension and components I cant, because of the safety factor to my son and I and road users.

 

 

[nick7602]

Hi Guys

 

Well I have just had a quote back from the very same specialist that this particular dealer uses, and the quote is £5402.10p which includes the VAT........this quote is for only the Brakes and the the Safety related items mentioned above

 

This still doesn't include the engine mods

 

Well I really cant see him coming to the party on this amount of money

 

 

BR

 

Nick 

 

 

 

 

[nick7602]

this is the only reference to the vehicle being modified that I have stated to the dealer within the E Mail trail, the modification I was referring to was the exhaust system, I have absolutely no way of knowing that the engine was modified because of the engine is internal inside the cabin of the vehicle and not possible to view without stripping the vehicle down

 

Quote

 

Hi Jamie

 

Thank you for coming back to me, I did make it clear from the outset that there was no deposit ( see attached ) and I was more that happy to go ahead with the car even with the knowledge that it is……. modified……. has intermittent electrical issue, and a none main dealer service history, along with 110000 miles on the clock, and cosmetic issues to fix I was still more than happy to go along with the deal.

 

As you own the car I guess you can sell the car for any price you like really, I understand cars its my job,  but the average person doesn’t and possibly this car will come back and bite you especially with the fact its modified and the electrical issues.

 

I to have seen another car which I am impressed with and its a younger model for less money……give it some thought Jamie….if you want to press ahead with the deal for 15K with someone else OK by me….but do make the new owner aware the car is modified   

 

 

[nick7602]

here is the dealers response to the letter, which clearly shows his annoyance, can you advise how to proceed:

 

Quote

 

Hi Joshua/Nick

We have received your letter today Joshua regarding the Porsche.

Please can you confirm the exact mileage of the Porsche today by sending us a photograph of the odometer. Obviously with you highlighting safety concerns the vehicle must NOT be driven again until such time that we have had the opportunity to have the vehicle collected and inspected ourselves.

We have tried to call you Joshua, and your father too, but neither of you have seen fit to call us back or respond to the email we sent this morning.

This is in stark contrast to when you were attempting to get us to knock money off the vehicle by highlighting all of the points you have raised in your letter today, things you were both aware of when purchasing the vehicle from us and are fully documented on emails you sent to us at the time. 

I look forward to receiving a picture as requested and once received we will make an arrangement to get the vehicle recovered at a time and day that is convenient for all parties.

Kind regards

Jamie @ Car Quay

 

 

 

 

[nick7602]

its not possible, the only issues that were mentioned at the point of sale were the switches being broken inside the cabin, the dealer mentioned they had fixed these but clearly havent again this should have been rectified before handover and these were all verbal statements nothing in writing,

 

regarding the points raised within the letter to them yesterday it was not physically possible to know these concerns purely from a test drive, and were only picked up by the specialist last Friday and I have cut and pasted those into the letter to the dealer.

 

Regarding the modification I mentioned within my E Mail to the dealer this could only be speculation, as I have no way of confirming if it had been modified from a test drive other than the assumption it has a sports exhaust

 

I m concerned if I send the car back to the dealer he will want to buy me out of the car, and I will lose the car altogether......which is not what I want

[nick7602]

Hi Bank Fodder

 

 

Here is a copy of the E Mail sent to the dealer and what has been said by me, Im sure you can see that the dealer is trying to embellish things really, I can send you a copy of the specialists report??  here is the E Mail to the dealer:

Quote

 

Thank you for coming back to me, I did make it clear from the outset that there was no deposit ( see attached ) and I was more that happy to go ahead with the car even with the knowledge that it is……. modified……. has intermittent electrical issue, and a none main dealer service history, along with 110000 miles on the clock, and cosmetic issues to fix I was still more than happy to go along with the deal.

 

As you own the car I guess you can sell the car for any price you like really, I understand cars its my job,  but the average person doesn’t and possibly this car will come back and bite you especially with the fact its modified and the electrical issues.

 

I to have seen another car which I am impressed with and its a younger model for less money……give it some thought Jamie….if you want to press ahead with the deal for 15K with someone else OK by me….but do make the new owner aware the car is modified -   

 

 

This still doesn't detract from the fact that the car is modified and this wasn't mentioned in the advert at all anywhere, when we rejected the car the first time round they still didn't mention the modifications in the second advert either electing to go with the first advert again. 

 

But I will be honest, If I can get the braking system and suspension fixed I would be happy with that, hand on heart the safety issues are the things that bother me more than anything

 

The modifications are I feel secondary now perhaps compromised in someway by me in my E Mail to the dealer.

 

But here is a pertinent point, the conversation regarding the E mails and all the above points were done with my father

 

And Not Me The registered keeper and purchaser of the vehicle who is Mr Joshua Kinson

My father Mr N Kinson has not signed anything???....... hes just had a conversation with a dealer.....hes not the purchaser

 

 

[nick7602]

Im very sorry if you feel I have misled you in the course of this conversation

 

The only thing I am interested in is the brakes and suspension being fixed thats all here is the Porsche specialists report, which shows significantly more issues than mentioned in the E Mail sent to the dealer  shown above 

 

Hope this helps, I have highlighted in the report the points that were raised to the dealer prior to picking up the car

 

 

 

 

 

 

 

 

 

Dont forget the vehicle is being bought on finance

[nick7602]

There are one or two items picked up that weren't mentioned initially so I attached these to the list of faults with hope that these would be fixed alongside the suspension and brake discs etc.

 

I think your help from all concerned, especially you Bank have been incredible, and so very helpful, I must apologise to you all without reservation, it has not been my intention to mislead or give half truths, just trying to put the facts across as I see them even if this appears misleading....but again I do sincerely apologise.

 

I will as you say use your very kind draft of a letter to be presented to the dealer, would you advise E Mail or Normal Post?

 

Again thank you for all your very kind help all of you with this concern. I will keep you informed as to the response I receive from the dealer. 

 

 

[nick7602]

Thank you very much, I will do that

 

 

 

Kind Regards

 

Joshua

[nick7602]

Good afternoon Bank

 

I just wanted to ask a quick question, having given the dealer the letter as drafted by yourself, I have as yet not heard anything back from the dealer, I appreciate its early days, how long should we give the dealer?

 

What if the dealer has no intentions of repairing the vehicle or communicating further?

 

 

 

Kind Regards

 

[nick7602]

Hi Bank

 

The dealer received it on the Friday, so yes a bit early.

 

It sadly isn't possible to take the letter by hand due to the distance from where we live, I know that it would have been the best thing to do.

 

 

 

Kind Regards

 

[nick7602]

Hi Manxman

 

Yes I think your righting I will take your advice.

 

The dealer left a voice mail to my father the day he received the letter asking for myself and my father to contact him, sadly my father is very ill, and suffers from loss of memory as part of his condition, and I was in a meeting at 07.00 when I'm being bombarded by the dealer continuously with phone calls, the dealer mentioned within his voice mail for us to contact him at our leisure at a time to suit both my father and I

When we didn't respond by the end of the day and judging by the content and feel of the email sent to us by the end of that day, he became quite annoyed by making statements about the negotiations....which we felt was unfair given that the dealer had offered a reduction in price not me.

 

I might be wrong but I don't feel things with this dealer will go well  despite glowing reports from their customers.

 

How business  owners deal with customers who might be difficult, have a problem or something has gone wrong with a product......really shows the true side of their business

 

So we will wait and see

 

Kind Regards 

 

 

[nick7602]

Yes he did telephone me, after I sent the letter you asked me to send Bankfodder 

and the apologetic E Mail, to him for sending that letter in the first place.

 

Yes we thought it was very nice of him to reduce the price of the vehicle, and we thanked him for his very kind offer

 

But it still doesn't get away from the fact that the vehicle has been mis described in a published advert on Autotrader

 

Yes I will be happy if they fix the brakes and suspension

[nick7602]

UPDATE: Dealer collected the car from my home address on Tuesday, I have heard nothing back from the dealer so I sent an enquiry for information regarding the course of action with my car and still heard nothing back, so I remember the owner telling me they use Zentrum a Porsche specialist in Nottingham for all their warranty work, so I phoned them to find out if they know anything about my car or if its booked in, not booked in nothing?

 

Apparently the car is just sitting there according to the person I spoke to on the phone

 

This is a highly specialist car, and it cant just go to anybody to be fixed

 

I don't have a warm feeling about this, from the formal letter sent to the dealer the request for a realistic work and time schedule for the car hasn't been sent to me either?

 

Im tempted to collect the car tomorrow and release it back to them when they can, progress the car diligently.

 

 

Kind Regards

 

Nick

[nick7602]

Spoke with the Dealer, car is coming back to me we both agree, that is the Dealer and me, due to the current health climate and situation its best if I have the vehicle returned to me.

 

Agreed again with the dealer that once the current health climate has stabilised to some sort of normality we can return the car with view to repairing the brakes and suspension

 

 

[nick7602]

Yes things have changed with myself and the dealer for the better, he agreed with me it would be better for me to have the car back due to this COVID19 health concern, as I can at least monitor the battery and make sure it doesn't go flat, I can also keep the engine going so she doesn't seize up.

 

These are going to be challenging times for us all, especially our business community, I do in all sincerity feel sympathy for the dealer after he told me that a lot of his work force are off sick.

 

I think like a lot of businesses he will need all the help he can get, and the last thing he needs at this moment in time is more issues from a customer.

 

The dealer and I agree that we will re visit this concern in the future when things return to some sort of normality.

 

But Like you say Bank, that might be a long time

 

All the best to you guys and thank you all for your very kind help 

[nick7602]

Hi Guys

 

its been a long time, I hope you are all well and have made it through this pandemic.

 

Unfortunately we have had to use the car much as we didn't want to,

my wife is a state registered Nurse and works on a Covid 19 ward,

the loss of her car has meant we needed to use the Porsche,

 

I have paid for brakes etc snd some electrical work totalling £2170,

I have also had the car assessed on my wife's day off and find that a lot of suspension work needs carrying out, this amounts to £3500

 

a report has been generated by the company and I have furnished this to the dealer.

total bill as you can see guys is £5670.....

 

.that said if I can get the dealer to agree the £3500 I will wave the £2170 I have paid so far,

he possibly could claw back through his VAT about a £1000 I hope this seems fair?

 

 

 

Kind Regards

 

Nick