Citroen C4 automatic faulty - - IG Motor Group in Manchester - **refunded - eventually**

[Ells20]

Hi,

 

Quote

I bought a Citroen C4 automatic second hand from a motor group dealership. The car has a rotating grinding noise at certain speeds and shudders at around 70mph. I took it to my local garage and they initially thought it was the drive shaft but wasn’t. They said the fault is in the gearbox. The car has a 30 day gearbox and engine warranty. The motor group took the car back as they said it would get a new gearbox. A week later they said the car is ready and provided an invoice for supply and fitting of the gearbox. I went this weekend to collect and drove it away. However the car is now worse than I took it, there is a burning transmission smell, it still has exactly the same rotating grinding noises plus when I got to the motorway and hit around 70mph a service light came on and ‘faulty gearbox’ showed on the info screen. I turned around and took it straight back and demanded a refund as the sales manager says it is fixed and ‘nothing’ wrong with it. He came with me for a test drive but this time the fault message didn’t show up, because I wasn’t going 70mph or more. I kept pointing out the grinding noise and burning smell but each time he dismissed it saying there was nothing plus the burning smell is probably spilt / excess transmission fluid burning out. It still smokes and stinks a couple of days later. When I first told him I wanted a refund he took the keys and said the girl that deals with refunds is due back in a couple of days. However I had a bad feeling I wouldn’t get a refund so asked for the invoice of the gearbox repair and took the car. On the way home the car felt rough, the same gearbox grinding issues and ‘faulty gearbox’ message popping up at 70mph+
and shuddering.

 

I bought a Citroen C4 automatic second hand from a motor group dealership.

The car has a rotating grinding noise at certain speeds and shudders at around 70mph. I took it to my local garage and they initially thought it was the drive shaft but wasn’t. They said the fault is in the gearbox.

 

The car has a 30 day gearbox and engine warranty. The motor group took the car back as they said it would get a new gearbox. A week later they said the car is ready and provided an invoice for supply and fitting of the gearbox.
I went this weekend to collect and drove it away. However the car is now worse than I took it, there is a burning transmission smell.

 it still has exactly the same rotating grinding noises plus when I got to the motorway and hit around 70mph a service light came on and ‘faulty gearbox’ showed on the info screen.

 

I turned around and took it straight back and demanded a refund as the sales manager says it is fixed and ‘nothing’ wrong with it.

 

He came with me for a test drive but this time the fault message didn’t show up, because I wasn’t going 70mph or more.

 

I kept pointing out the grinding noise and burning smell but each time he dismissed it saying there was nothing plus the burning smell is probably spilt / excess transmission fluid burning out.
It still smokes and stinks a couple of days later.

 

When I first told him I wanted a refund he took the keys and said the girl that deals with refunds is due back in a couple of days.

 

However I had a bad feeling I wouldn’t get a refund so asked for the invoice of the gearbox repair and took the car.

On the way home the car felt rough, the same gearbox grinding issues and ‘faulty gearbox’ message popping up at 70mph+
and shuddering.

I paid for the car in full by bank transfer and I have all communication with the seller by SMS messaging, I have also send him videos and photos of the fault message.

 

I have requested a full refund again but he is ignoring my messages. I also requested their email address which is not on their website.
I found their email address on Facebook and emailed them again requesting a full refund as the gearbox is still faulty. I have not been able to write a paper letter yet.

 

The car is under the 30 day warranty until today.

 

Can anyone please provide any advice as I’m being fobbed off and ignored.

They say there is nothing wrong with the car and they paid £450 for an auto gearbox to be fitted.
The car has just over 80k miles on the clock.

[BankFodder]

The first part of your post is a very long unbroken block of text and it makes it very difficult for people to read on screen. Please will you space and punctuate your posts so that they are easier to read and people will be much more likely to want to spend time understanding the story and give you the help that you need.

Please can you tell us the name of the dealership which sold you the car.

[BankFodder]

Incidentally, you need to return to this thread very quickly because 30 days is a very important time period for consumer rights under the consumer rights act.

We will also need to know more about the vehicle. How old is it? How much did you pay? What is the mileage?

Why don't you simply tell us everything you know about the car.

As I say, you need to return to this thread as quickly as possible because there is some urgent action which you need to take today as it is the final day of your 30 day period.

[Ells20]

Hi,

 

Thank you for your help. Yes some information..

 

• The dealership is IG Motor Group in Manchester - https://www.igmotorgroup.co.uk/
• The car is a Citroen C4 Automatic, year 2010.
• Mileage is 83,000 miles.

Thank you, if you could please advise the next steps I would really appreciate that.

[BankFodder]

Thank you.

Under the consumer rights act, if a defect materialises within the first 30 days then you have the right to reject the vehicle out of hand. In order to do this you have to assert the right. This means that you must notify them – preferably in writing, (email will do) that you are asserting your right under the consumer rights act and that as the defect has occur within 30 days that you are now formally rejecting the vehicle.

Do this now. Don't hang around. You are at the limit. Send them messages by whatever means necessary. Email, Facebook message, confirmed by recorded delivery in writing referring to your rejection of today's date.

You can also phone them – after you have sent these written messages – and point out that you have now formally rejected the vehicle. I suggest that you read our customer services guide before you make the call.

This may not improve the position in terms of the deal is willingness to respect your statutory rights – but at least you have reserved your position and it gives you extra ammunition.

Go ahead and do that and let us know when it is done

[Ells20]

@BankFodder

 

Thank you for your help with this. I sent the emails and text messages this morning. He got back to me by text message asking when I want to drop the car off. I replied saying I want to drop it off on Saturday for a refund. He only replied saying ok.

I’m not sure if I need to do anything else as I only want to return the car, get the refund by bank transfer and then go. I am not going if he wants me to drop the car off and then they try to inspect it further.

I’ve already wasted £200 on it, fixing a broken coil and getting the wheels rebalanced.

Edited November 9, 2020 by Ells20

[BankFodder]

We can probably help you get your £200 back.

However, certainly you must do everything you can to assist him in remedying the breach – which means that you must deliver the car to him. However, I suggest that you take photographs to make sure that the condition of the car is agreed and that you have it recorded. I suggest also that you covertly record any conversation and that means that you should carry your mobile phone in your pocket with a suitable call recorder. Probably carry upside down in a breast pocket so that the microphone is getting the best chance of recording the conversation.

If I were you I would try and get the refund by means of a cheque. It is just as secure as a bank transfer and the most important thing is that if the cheque bounces then you have an automatic right of action on it and there is no defence against a bounced cheque.

If you return the car on the promise of a refund by bank transfer – although he probably will carry out his promise, if he doesn't then you have no car and no money.

I'm afraid this is always the difficult moment in returning the vehicle when the money has been paid by bank transfer. In future, only use a debit card or a credit card because then you have a fair amount of protection. Also, I hope that you have learned something about your consumer rights and that you should let these things drag on and that you should react immediately.

Also, you know about this forum and so you should come here immediately for advice. I hope you understand that we are not simply a piece of social media here. This is a very businesslike legal advice forum. If he is not prepared to give you a cheque that I suppose you have to agree to a bank transfer – but make sure that you get a date upon which the bank transfer will be made. Of course he may have Internet access to his bank and it may be that he is able to make the transfer online while you wait. This would be the best. Better than a cheque. You will then be to consult your own bank account using your telephone and a banking app – I hope you have one installed – and you will be to confirm immediately that the money safely in your account.

You then want to come back here and try to recover your £200 then we will help you.

Make sure that you don't end up signing anything that says that it is in full settlement – or it is a full and final agreement et cetera. You don't need to sign anything. You are simply asserting your rights under the 2015 act.

I have to say that where the dealer might have been difficult to begin with, your experience with this dealer is far better than people's experience with most dealers who have sold vehicles of this kind of age and condition and price. I think you can consider yourself lucky if it all pans out

 

[BankFodder]

Also you need to sort out the ownership problem immediately. You don't want a vehicle driving around which is outside your control and yet which is still possibly registered in your name. This could result in all sorts of tickets for road traffic offences or parking penalties et cetera. So there is a loose end which you will have to deal with – as a matter of urgency.

 

Also, – and here is a bit of a dig – you knew that the gearbox displayed a fault at 70 miles an hour and yet you took the dealer for a test drive at less than 70 miles an hour. I really don't understand.

It seems obvious to me that if you know the problem manifests itself at 70 miles an hour that you will drive that speed in order to replicate the problem. Otherwise, what's the point?

[Ells20]

@BankFodder

I really appreciate your help. You’ve really restored my faith knowing there are some good people willing to provide their time and expertise when others are out to scam you. Big lesson learnt from this and will recommend this website to anyone I know. Thank you so much  
 

I’ll take your advice on board when I take the car back. I’ll not be leaving without him transferring the money into my bank account. He was able to wait while I transferred from my banking app in his office so he can do the same. Does make me nervous if they will attempt any tricks but he has already said ‘ok’ to the refund. I’m assuming that will be the full £2200 I paid that I am entitled to?

Edited November 10, 2020 by Ells20

[BankFodder]

If for some reason rather he tries to shortchange you, object but don't refuse it. It's important to reduce the problem down as much as possible.

So, for instance, if he simply decides to credit you £2000 – maybe because he says he hasn't got any more – let the transfer go ahead on that basis.

The advantage of this is that first of all you get rid of the car and it is no longer your responsibility. Secondly, instead of having to sue him for £2200, you only have to sue him for £200. Much easier, cheaper, and also he is and much more likely to fold rather than put up a defence.

Once again also, make sure you keep an account of all your losses – including petrol driving to and back et cetera.

Once you have got rid of the car then come back here and detail all of your reasonably incurred expenses/losses caused by his breach of contract and then we can discuss your next step.

Once again, I think is extremely important that you record the entire exchange when you take the car back. Make sure you have a suitable voice recording app on your phone and that you test it and that it works and that you understand it fully

[ukshane4life]

most likely the garage did a fake invoice to say it had a new gearbox 

 

well hope you get your money back

Edited December 3, 2020 by ukshane4life

[Ells20]

Sorry I haven’t had chance to reply.

 

I returned the car and received a refund for the amount I paid for it.

A huge thank you to @BankFodderfor helping me as it made the whole thing a lot easier.

 

I have noticed that the car is now back up for sale.

I’m hoping the gearbox is now properly fixed/replaced for the next buyer as it didn’t seem to be any different when they had apparently replaced a new gearbox.

 

I’m just annoyed that I was initially being fobbed off by the seller who said he couldn’t hear the gearbox problems and that there was absolutely nothing wrong with the car!

 

I’m just so relieved to be rid of it and some vital lessons learned here.

[BankFodder]

Well done on getting your refund and thanks for the update.

I understand that you are still out of pocket. If you would like to get that money back and we will help you and I think it will be fairly straightforward. The amount of money outstanding is scarcely worth his while causing any trouble.

It would be very helpful if you could post up a link to the new advertisement and also do you have any pics of the car and also its registration number please. I think we owe this to possible new owners in case they come to this forum.