Beechwood Autos Mansfield, Second hand car consumer rights

[Fat583]

Advice needed please,

 

I bought a cat D/N car on 2/10/2020

I was told on the phone before going to see it that the parking sensor alert would sound when reversing, which I was ok with,

 

I went to see this car and looked around it and saw bits of damage to the driver’s mirror, drivers rear light cluster and left passenger wing which again wasn’t too much of a problem, I took it for a test drive for 2 minutes all seemed fine (barring the sensor alert) but it drove quite nice

I bought it using a credit card and part exchanged my current car, in total the car cost £4,899.

 

Then on the way home I noticed that cruise control wouldn’t work and dash said adaptive cruise control was unavailable and just thought I was doing something wrong and that I will figure it out tomorrow.

 

over the next few days I still can’t get it to work

I take it to auto electricians who puts it on diagnostic machine which throws up 16 fault cods over 10 different modules,

the electrician advises me to take it back to seller and get my money back as it could cost £1000 to fix due to the nature of the fault codes,

 

I called the dealer who said we have a few options

1) he could try to fix it but can’t guarantee that he will be successful but will find another suitable car for us, (which I don't really want because I don't trust him)

 

2) we could keep the car as is and make do and he will give us £50 as a good will gesture not an apology (exact words) (that isn't an option I am willing to take)

or we could have a refund

 

i said ok can you try fix it (because somehow in what he was saying he convinced me that it was do able) as i do like how the car drives in terms of comfort handling and gear change,  he said yes but again can’t guarantee it will be fixed due to the problem with the cruise control, i stupidly said ok i will bring it in on tuesday 13/10/2020

 

then realised that there could be a lot more wrong with this car and don’t want to risk more problems but also something about the dealer didn’t feel right

 

the next day i phoned back and said i would rather have a refund instead,

he said let me speak to my warranty team because i don’t think you are covered for a refund because the fault isn’t mechanical and me not knowing much about the legalities said ok,

 

he then phones back and says that his legal team said im not covered under warranty

i asked what the legal team was called because under the consumer rights act 2015 i am entitled to a refund because it is faulty and although the sensors were mentioned the cruise control was not and he some how talked me into accepting the repair which i don’t really want

 

i just want my money back primarily because one of the selling points was the cruise control but also because i have now found that the back driver side door doesn’t open from inside without flicking the child lock switch on the actual door near the locking mechanism, and the bumper is screwed on with domestic D.I.Y house screws and the bonnet catch doesn't work properly

 

it is an absolute bodge job and looks like cowboy D.I.Y’ers have put it together

i haven’t mentioned these findings to the dealer yet as i only found them late yesterday and he was closed and is closed today too,

 

my question is am I infact within my rights legally to send a letter explaining my concerns and findings and reject the car and ask for a full refund?

 

The dealer in part seems genuine to some degree and most of his reviews are good but something doesn't add up

 

any advice would greatly appreciate

[BankFodder]

Please tell us which dealer you are dealing with

[dx100uk]

you are within your 30days to return the car for a full no quibble refund

nothing at all to do with warranty or guarantee or anything

its your consumer right under the law.

 

as you paid by credit card - under section 75 they are as equally liable as the dealer.

[Fat583]

Is this accurate even if I was talked into letting him fix it meaning that I have changed my mind on the matter and would prefer a refund instead 

[dx100uk]

14 minutes ago, dx100uk said:

its your consumer right under the law.

 

[BankFodder]

Is there some reason why you are not telling us who the dealer is? Are you trying to protect them?

Under the consumer rights act, you are entitled to buy a vehicle which is of satisfactory quality and remains that way for a reasonable period of time.

If it shows a defect which means that it is not of satisfactory quality within the first 30 days then you are entitled to ask for a refund and to reject the vehicle altogether. If within the first six months it shows a defect then you are entitled to reject the vehicle after having given them a single opportunity to repair the vehicle.

I would say that as you have agreed to repair, then you have probably given up your initial 30 day right. I think you are in a position now where you should allow them to proceed with the repair but give them only seven days to complete the repair after which you will insist on the refund.

Make it clear to them that if the repair fails that you will then be asserting your rights under the consumer rights act to reject the vehicle and you would expect a refund in short order.

In terms of the dealership trying to deflect you and to instead say that it is a matter warranty – this is nonsense. Your statutory rights are the most important. The warranty is by and large meaningless and many dealers use the idea of a warranty to make their customers think that they have no other rights.

It will help us – and it will help you if you will tell us who the dealer is and I don't understand why you won't.

[Fat583]

Thank you for your reply the dealer is beechwood autos Ltd https://www.beechwoodautos.co.uk/  based in kirby in Ashton Nottinghamshire, also I only agreed to the repair due to not knowing my rights at the time but also not knowing that I would find more problems and faults with the car, would this matter in my case or have I still given up my 30 day rights as suggested? thanks

[BankFodder]

I'm afraid I think you are probably compromised over your 30 days rights. I know that you say that you didn't know what your rights were – and I'm afraid most people don't – but that probably doesn't affect the situation.

You could of course try it. Maybe the dealer doesn't know what your rights are either – but the most surefire thing to do would be simply to give the dealer a letter saying that they now have seven days to complete the repair otherwise you are rejecting the vehicle and warn then also that if the repair fails that you will be rejecting the vehicle.

I'm trying to exercise caution on your behalf. If you want to go ahead and reject the vehicle now and they refuse to refund you then we will certainly help you bring a legal action – but I'm afraid that your agreement to a repair worries me a little bit and it reduces your chance of success.
 

[Fat583]

Ok thank you so much for the advice, I was under the same impression that because I agreed to the repair I waived some rights in a sense but I questioned myself on the fact that he pulled the warranty card and I didn't know better so on that basis I was misled so where do I actually stand. 

[BankFodder]

Yes, if you were misled then I think that that would restore my confidence in your rights. The problem is that you don't have any evidence of this

I'm afraid that when you deal with these people, it is worth recording your calls or carrying a recorder in your pocket when you're talking to them. Read our customer services guide.

I've had a look at their website. Are there cars being kept in a public car park?

[Fat583]

I should point out that he only agreed to repair the cruise control and nothing else he basically said that all cars would throw up fault codes even his brand new range rover would but also different diagnostic machines wil bring up different codes the problem is 1 of the codes were an engine related code and according to a Ford  mechanic is worrying 

 

[BankFodder]

Okay well that makes a lot of difference. If he only agreed to repair the cruise control than the rest of the faults are at large.

Please can you tell us what the faults there are that you know of so far.

[BankFodder]

Also, can you tell us what other expenses or losses you have incurred as a result of all this.

[Fat583]

I only have a very brief description of the faults hand written by the auto electrician which are as follows

Engine - IAT sensor

             - grill shutter stuck

 ABS     - comms with restraint module

Body module - sunroof global open/close control

                    - left low beam

                    - image processing module

Cruise.        - forward looking sensor

Drivers door mirror - puddle lamp

Headlamp module - left hand corner lamp

Passenger door - mirror fold relay

                             - puddle lamp

                             - blind spot indicator

                              - Double locking motor

Power steering - battery voltage

Remote function actuator - front right door handle

Side obsticle module - blinds pot worming indicator

Parking sensor - front left outer sensor 

 

So far I have bought a new left passenger mirror that is of my cars spec which should fix the majority of the mirror related sensor faults such as blind spot and puddle lamp etc.. That W as. £70 plus auto electrician diagnostic £162 I'm not so fussed about the passenger mirror side of things just primarily the cruise control, engine sensor (Iatl a the bonnet latch and child lock on driver side passenger side door plus a door seal that is broken and was hot glued on 

 

The attached photos are from a salvage yard database of the car that I have now but before it was repaired just for reference 

 

 

 

pix.pdf

[BankFodder]

Okay well as long as the faults were not known to you or brought to your attention at the time of the purchase, then I think that you could say that you were entitled to expect a vehicle without this faults and as they seem to be fairly important, then you have a basis for rejecting the car within 30 days.

Also, because you have bought the car using a credit card – well done – you can involve the credit card company as well.

Presumably the car is presently with the dealer.  I think you should contact the dealer in writing immediately and tell them that you have reflected on the purchase and the although they have agreed to repair the cruise control, you now believe that the other undisclosed faults which have emerged since you took delivery of the car mean that the car is not of satisfactory quality – not of the quality that you were led to expect – and therefore under the consumer rights act, you are rejecting it and that you want a full refund within seven days.
I think you should warn them that if you do not have your refund then you will involve the credit card company under the consumer credit act and also you may well decide to take a legal action against them.

Tell them to respond immediately and let you know what arrangements they are making to refund you – back to your credit card. Send a copy of this letter to the credit card company – and make it clear at the bottom of your letter to the garage that you have done so.

[BankFodder]

Do understand that you will not be able to raise the issue of poor quality in respect of any defects which you were aware at the time of purchase.

[Fat583]

Ok thank you

I just want to clarify that I WAS made aware that the car was/is cat D that the passenger mirror is not the original and that the parking aid alert sounds off when reversing or parking,

 

also upon my own inspection found a cracked drivers mirror casing and drivers side rear tail light casing was damaged

 

I'm ok with that but what I wasn't made aware of is that

the cruise control doesn't work,

the back drivers side child lock doesn't operate correctly,

the sunroof has a fault of sorts,

the engine IAT sensor has a fault,

one of the door seals were broken and partly missing and hot glued on to the door and

that the front bumper has been screwed on with domestic D.I.Y house screws and

the bonnet catch doesn't work properly 

[BankFodder]

As I have said, if there are faults which you weren't aware and which mean that the car was not satisfactory quality when you bought it then you would be entitled to reject the car.

I have to say that I think you are a bit on dodgy ground because it's clear that you bought a wreck and so the overall condition would be poor in any rate.

The cruise control you have already agreed to have repaired – so that doesn't come into the equation you have to look at the rest of.

It's a bit difficult to decide what kind of wreck would be of satisfactory quality – and certainly I don't think it is going to be straightforward for you.

[Fat583]

I agree that is why I am here because my knowledge is very limited to anything like this, thank you so much for your help I sincerely appreciate your efforts to help me I will keep you posted on the results and given the information provided and the position I am in I may take it to the dealer to try work something out with him and hopefully we get a good result 

[BankFodder]

Yes, I think in a situation like this, a negotiation and a cooperative approach will produce the best outcome

[Fat583]

Agreed thank you

[ukshane4life]

thats the problem with crashed cars they done proper or they done by a diy person just to make money and thats what happened to you

 

you should of asked who did the repair or proof it was done by a professional well known garage

 

thing is i think you might after take them court because theres more and more traders that fobbing people off and end up in court

Edited November 7, 2020 by ukshane4life

[stu007]

Beechwood Autos Limited

 

Registered Office Address:
Office 20 North Notts Business Centre
32-34 Rosemary Street
Mansfield
Notts
United Kingdom
NG18 1QL

 

Company Number: 11758350

 

Incorporated: 9th January 2019

 

Company Type: Private Limited Company

 

Director: Rishi Bajaj, (appointed 9th January 2019)

 

Companies House link: https://find-and-update.company-information.service.gov.uk/company/11758350

 

Endole link: https://suite.endole.co.uk/insight/company/11758350-beechwood-autos-limited

 

 

Opencorporates link: https://opencorporates.com/companies/gb/11758350