German car shop in Leicester wont take car back 8 days after purchase.

[Aga.misia]

Aga.misia [edited - HB] said:

Hi I purchased car on 22 may 2021.   I noticed vibration on steering wheel and seat when pressing brake and went to independent garage which confirm the vibration on idle needing further investigation and rear brakes are down to metal - suggested not be driven .   I want return car but the dealer refusing. Saying I have to drive to him , thats 1.5 hour and he will check it to confirm fault .   I want reject car , have I got any chances ?  He also said I bought on trade terms ( I got 20 pounds discount ) but I m not a trader . He says car is not faulty and I have no chances in court. I m so upset . Please help  Car cost me 5430 f

[Aga.misia]

German car shop in  Leicester

Bank Fodder , thank you for reply

[Aga.misia]

Yes , as I m from Hull. I sent him oficial  letter but he is not having it. 

Dealer sent me text messages and emails saying he will not accept return   , wants me to take car to him and he will inspect . He can buy car but for less then 4000 ppunds. He insist I dont have any customer rights to return car 

He is very arogant and rude. 

I paid by cash 

Edited May 30, 2021 by Aga.misia

[Aga.misia]

Infinity Q50 , 17000 millage. I have invoice what I paid. So I dont have chances in small claim court ? 

[Aga.misia]

I sent letter yesterday via email.

I dont know the person name though. There was 2 people 

The faults are on report from local garage  :

Rear brakes down to metal - dangerous

Vibration on idle - need further investigation

Edited May 30, 2021 by Aga.misia

[Aga.misia]

Yes I have report in writting and dealer received it but not having it

 

 

Quote

 

Dear German car shop,

Complaint about faulty goods

I bought Car from you on 22 05 2021. I paid £5430.

I now find the goods have the following faults :

- rear brakes are down do metal -dangerous - strongly suggest that this is not driven

- vibration on idle - requires further investigation.

Under the Consumer Rights Act 2015 goods you supply must be of satisfactory quality. As there was a problem with the goods when I bought them, I request that you give me a full refund.

I enclose copy of independent technican report in support of my claim.

Please respond within 14 days of receiving this letter.

Yours sincerely

xxxxxxxxx

Good afternoon. 

 

 

 

Quote

 

This information you have provided is conflicting please send us a video of the car. We checked the brakes prior to sale and they were well within the legal limits. U have previously told us over the phone that your mechanic has checked the car and there is nothing wrong with it.  You also stated that you want to return it because your garage said that its worth £4000.  This is based on trade value not retail value and doesnt take into account and additional spec the car has. Your basis for returning the car has gone from there being nothing wrong it, and wanting to return it because somebody told you that you paid to much.. to there being faulty brakes.  We are not convinced in the slightest.  You viewed the car before purchasing and agreed (and signed)to purchase it on a trade basis. 

 

However, at german car shop we take pride in our customer service.  To help you with this issue.  We propose that you return the vehicle to us so we can inspect it thoroughly, we will then make a decision on what we can do to help.

 

Kind regards.

 

German car shop

 

[Aga.misia]

Dear German car shop,

Complaint about faulty goods

I bought Car from you on 22 05 2021. I paid £5430.

I now find the goods have the following faults :

- rear brakes are down do metal -dangerous - strongly suggest that this is not driven

- vibration on idle - requires further investigation.

Under the Consumer Rights Act 2015 goods you supply must be of satisfactory quality. As there was a problem with the goods when I bought them, I request that you give me a full refund.

I enclose copy of independent technican report in support of my claim.

Please respond within 14 days of receiving this letter.

Yours sincerely

[Removed - HB]

 

Good afternoon. 

 

This information you have provided is conflicting please send us a video of the car. We checked the brakes prior to sale and they were well within the legal limits. U have previously told us over the phone that your mechanic has checked the car and there is nothing wrong with it.  You also stated that you want to return it because your garage said that its worth £4000.  This is based on trade value not retail value and doesnt take into account and additional spec the car has. Your basis for returning the car has gone from there being nothing wrong it, and wanting to return it because somebody told you that you paid to much.. to there being faulty brakes.  We are not convinced in the slightest.  You viewed the car before purchasing and agreed (and signed)to purchase it on a trade basis. 

 

However, at german car shop we take pride in our customer service.  To help you with this issue.  We propose that you return the vehicle to us so we can inspect it thoroughly, we will then make a decision on what we can do to help.

 

Kind regards.

 

German car shop

 

Good afternoon

First thing You shouted me on phone on many occasions which I also have recorded and accused of being drunk when I was crying which is out of order.

I didnt buy on trade basis becouse I m not a trader firstplace. If I bought on trade basis I wouldnt pay 5430 f for 170000 millage car but less.  

I got independent report from place which I sent to you.

According to report I should not be driven car as its dangerous and there are vibration on idle .  So you put me in serious risk letting me having test drive . Within 30 days I have right to reject faulty car without accepting your repair according customer rights act 2015 . You sold me car which should not be driven.

So I would like to excersise short term right to reject car in first 30 days

 

Kind regards

[Removed - HB]

 

Okay. Please send me alo your recordings. Also please send me the pictures and videos of the faults. You already stated on the phone there was nothing wrong with the car. Im sure you will also have that recorded as you have recorded all our phone calls.

 

Secondly. We already know your claim is false. We had a report done on the vehicle prior to selling. Also our vendor does basic checks on the car.  All you have given us is a pieve of paper stating a fault. That is not a report. Where are the photos? If you wont pay £5430 for 170k miles car? Then why did you buy it? You chose to travel and we gave you first priority before the que of customers waiting for the car. 

 

You mentioned vibration on idle. Its a diesel engine with 170k miles. On the phone you compared it to a 50k miles friends car. There is no comparison. As a company we obide by the consumer rights. However we will not be frauded out of money just because somebody told you the car was too expensive.  

 

 

I look forward to your reply.

 

Kind regards. 

 

German car shop.

 

Dear Sir

I have the right to return  the car which have fault  within the first 30 days of purchase. This is the “short-term right to reject” rule under the Consumer Rights Act 2015.  

I would like you to collect car and give me my refund within 7 days. If not I will be taking it further.

Also I may sue you for malicious accusation of me being drunk when I rang you , when I was actualy in tears , not drunk. I m very upset about your attitude towards me .

 

Kind regards

[Removed - HB]

 

[Aga.misia]

First mechanic said he dont see issue but he didnt perform proper check . So I went to another one who perform check and gave mi report whicj I will try to send uou whem I get grip with technology

Quote

 

Advertisement was on autotrader

[Aga.misia]

21 may I found evening time

[Aga.misia]

 

I have photo on phone but cant upload

Will try on my printer to scan

 

2021-05-30_045148.pdf

[Aga.misia]

Bank fodder thank you so much for help , mean a lot to me

I m nerve wrack at the moment , cant sleep or eat , dealer treathen me on phone he has got good solicitors and I will lose.

I would like to take them to small claim court .

 

 

[Aga.misia]

I also rang him lot of times  , but he always said same story , will not accept car , now he dont answer phones. I also have text messages between us . He said that report mean nothing .  He says I agreed buying on trade terms and I knew there were faults so he is questioning whats he said in email about car being not faulty.   Car was advertised with full service history and no faults obviously.

 

[Aga.misia]

I have to take risk otherwise I have to repair car and sell , mind you I oveepaid so selling will be loss for me even bigger than court fee.

Please have I got any chances ? 

I would like you to also read text messages between me and dealer but dont knoe how post it.

 

Can I also claim for each day car stays on my driveway ? Whst about insurance and tax I pay but cant use car ? I  have to borrow my boyfriend car to work from now on

 

Sorry for my writting , english is not my first language

[Aga.misia]

Dealer saying I bought on trade terms. But I m not trader. 

 

I dont want return car becouse of value but its faulty. I mention value as I was told by local dealer that I overpaid alot

[Aga.misia]

Thank you for all your support , mean alot to me 

 

Thats what I received just now by dealer , whats to do ? 

Good afternoon. We are still waiting for a reply to our last e-mail.  Please send us the picture and video evidence we have requested various times. Please note we already had a report done before we sold you the car so if you tamper with the vehicle in anyway to falsify faults we will know and we may pursue legal action against you. 

 

Kind regards 

 

German car shop.

 

 

 

I m so scared , any advice ? 

[Aga.misia]

Thank you

Vibrations on idle are seperate thing probably not related to brakes , when I start up car or press brake vibrations inside car on seats and sterring wheel  appearing. 

Do I have to do MOT? 

Do I have to agree for his inspection ?I live far away from dealer  so I have to drive to his ? 

[Aga.misia]

"You bought the car and you knew there were faults with it, you agreed to buying it under trade terms, so please stop trying to think we are idiots".

 Thats his text message , can he sell me car on trade terms knowing I m not a trader ? 

 

[Aga.misia]

The MOT has been done in february but previus owner did 20000 miles since them

Vibration on idle prpbably  will not be find on MOT  , only brakes . 

The current millage is about 170000

Edited May 31, 2021 by Aga.misia

[Aga.misia]

I m happy with letter , but I would remove word car not roadworthy as at the moment in report says - dangerous - suggestion not to drive

[Aga.misia]

I will book mot this week.

How long will take process in court ? 

Also even If I win seller may not pay me and I have to enforce it ? 

[Aga.misia]

I m just worried even if I win I will end up not getting money back as it is ltd company and the Dealer is not having anything what I said to him. So it will be extremly dificult 

I m.worried it may end up like below : 

 

Edited May 31, 2021 by Aga.misia

[Aga.misia]

 

Thats advert info, I thought original price was 5450 f but looks it was bit more 5490 so I got it for 5430 - 60 f discount . 

The oil is black when my boyfriend checked so they didnt change it

MAKE	INFINITI
MODEL	Q50
REGNUMBER
PRICE	5490
YEAR	2015
MILEAGE	170000
Publication	PORTAL
TRADEFLAG	Trade
NAME	German Car Shop
ADTEXT	***RATED HIGHLY FOR OUR CUSTOMER SERVICE BY AUTO TRADER FOR 2020*** --- ***CALL US TODAY ON 07719460533*** --- ***NATIONWIDE DELIVERY AVAILABLE*** --- ***FULL DEALER FACILITIES AVAILABLE IN HOUSE*** --- ***LOW RATE FINANCE AVAILABLE, ALL TYPES OF CREDIT CONSIDERED FOR ACCEPTANCE, CALL OUR IN HOUSE FINANCE SPECIALIST TODAY FOR A QUOTE ON 07719460533*** (admin fees apply) --- ***RESERVE THIS VEHICLE TODAY WITH A MINIMUM HOLDING DEPOSIT OF ONLY £50*** (we can not guarantee the availability of ANY vehicle on your arrival without a holding deposit)   --- Infiniti Q50 2.2d Sport Auto (s/s) 4dr (EU5) --- Mileage 170k, MOT expires 28th February 2022, 9 recorded services with an oil and filter change to be provided by German Car Shop on purchase,   this vehicle comes with 2 keys, central locking and alarm, 19" alloy wheels, full leather interior trim with electric front seats and front heated seat option,   drives very well, clean and tidy, predominantly used for motorway journeys only,   in car touch screen entertainment system with radio and CD player, navigation media system, air conditioning with climate control, cruise control, parking sensors with reverse camera, adjustable head rests,   only 1 former keeper, great car throughout   --- WE WELCOME ANY PART EXCHANGE --- CALL US TODAY ON 07719460533.,   19in Alloy Wheels - 5 Triple Spoke Light, AM-FM Audio System with Single CD Player, Active Noise Control - ANC, Active Trace Control, Airbags - Curtain Front and Rear, Airbags - Front Hip-Thorax Side, Airbags - Front Passenger, Auto Dimming Rear View Mirror, Automatic Headlight Activation, Bluetooth for Mobile Connectivity, Climate Control - Dual Zone Adaptive with Auto-Recirculation, Comfort Pack, Cruise Control, Door Mirrors - Heated and Electrically Folding and Reverse Synchronisation, Drive Mode Selector, Drivers Power Lumbar Support, Dual Touch Screens - LCD VGA 8in and LCD VGA 7in, EBD - Electronic Brakeforce Distrubution, Fine Vision Meter with 5in TFT Colour Display, Front Fog Lights - LED, Fully Customisable Digital Enviroment, Heated Front Seats, I-Key with Smart Access and Enhanced Memory, Infiniti InTouch, Infiniti InTuition, Interior Trim - Kacchu Aluminium, LED Auto-Levelling Headlights, LED Auto-Levelling Headlights and Daytime Running Lights, Leather Steering Wheel and Gear Shift Lever, Parking Sensors - Front, Power Front Seat Adjustment with Memory, Push Button Ignition, Rain Sensing Wipers, Rear Lights - LED, Rear Parking Sensors, Rear View Camera, Seats - Front Sports, Ski Hatch, Steering - Direct Adaptive, Steering Pack, TCS - Traction Control System, TPMS - Tyre Pressure Monitor System with Individual Tyre Pressure Display, Twin Exhaust Tailpipes with Chrome Finisher, USB Connectivity, USB Port with iPod Connectivity, Ultrasonic Alarm System, VDC - Vehicle Dynamic Control, Voice Recognition System, Welcome Pack. 5 seats, Blue, DELIVERY - FINANCE - VEHICLE SERVICING - MOT - ALL AVAILABLE UPON REQUEST, £5,490
ATTENTION_GRABBER	FINANCE AVAILABLE - BIG SPEC

 

I hope this helps.

 

Kind Regards

 

Jessica

 

Auto Trader Consumer Team.

 

 

Dear German Cars

 

Letter of claim 

As you know, on 22 may 2021 date you sold me a Infinity Q50 model vehicle for 5430 pounds. Within a very few days, the car displayed various defects and an inspection I have had carried out has confirmed a number of serious issues not the least of which are a brake system which is apparently one down to the metal. This may be a cause of the vibrations which I have previously described to you although this will need further investigation.

There has been substantial amount of correspondence between us and you are fully aware of the problems that there are with the vehicle that you sold me but for the avoidance of doubt I am sending you a second copy of the report which has identified the faults. I should point out that the faults contained in this list are simply those which are identified fairly quickly and they may well be others.

I have been advised not to drive the car because it is dangerous and also that there is a risk that the problems could get worse. 
I have already written to you and pointed out that under the Consumer Rights Act I am entitled to a refund. You have refused to carry out your obligations under the Act and given a variety of excuses including that apparently the sale was a "trade sale" and therefore for some reason rather, you have no liability for selling a car in a dangerous and unroadworthy condition.

I require you to make arrangements to collect the vehicle from me and to provide me with a refund. Please note that I have lost confidence in you and therefore I will not be prepared to release the vehicle to you until I have the refund. You can pay this to me by bank transfer or you can ask your delivery driver to pay me the cash.

If you do not collect the vehicle and refund me within 14 days of this letter and I shall start to add storage charges of £10 per day and furthermore I shall issue legal proceedings against you in the County Court without any further notice. These legal proceedings will include references to your statutory obligations under the Consumer Rights Act, your selling of an unroadworthy vehicle which is an offence contrary to the Road Traffic Act and also unfair trading under the Contracts (Protection from Unfair Trading) Regulations 2008.

If you force me to take court action then I shall sue you for the reimbursement of the purchase price of the car, the accumulated storage fees, the ancillary losses which I have incurred – in particular in relation to insurance and tax plus interest which I understand is currently at 8%.

I'm not prepared to enter into any further discussions about this. I've already used my best efforts to hold dialogue with you.

If you wish to have the car inspected by your own independent inspector then please let me know. I'm happy to accommodate any reasonable arrangement by appointment but you should understand that this must be done within the 14 day timescale and at my home because as I have said, at the end of 14 days I shall issue court proceedings.

Yours sincerely

Aga xxx

 

[Aga.misia]

I m sorry .  I m just scared I will have to pay tax , insurance all year , car on driveway , and I will loose case or if win the dealer will not pay . Sorry have to put myself together as I m in bits

 

If fail mot , and I deceide to pay for repairs and use car  can I claim it back from Dealer please ?.

 

Edited May 31, 2021 by Aga.misia

[Aga.misia]

I will book MOT and repair if necessarly  , and put cost on dealer in claim . I m.full time worker  cant afford not having car for such longer time unfortunately.

 My boyfriend works away and he will not be able to borrow me his car . 

 

Edited May 31, 2021 by Aga.misia

[Aga.misia]

Dear German Cars

 

Letter of claim 

As you know, on XXX date you sold me a XXX model vehicle for XXX pounds. Within a very few days, the car displayed various defects and an inspection I have had carried out has confirmed a number of serious issues not the least of which are a brake system which is apparently one down to the metal. This may be a cause of the vibrations which I have previously described to you although this will need further investigation.

There has been substantial amount of correspondence between us and you are fully aware of the problems that there are with the vehicle that you sold me but for the avoidance of doubt I am sending you a second copy of the report which has identified the faults. I should point out that the faults contained in this list are simply those which are identified fairly quickly and they may well be others.

I have been advised not to drive the car because it is unroadworthy and also that there is a risk that the problems could get worse. I will not be driving the vehicle although I will be putting it through another MOT in order to get a better picture of the car's condition.

I have already written to you and pointed out that under the Consumer Rights Act I am entitled to a refund. You have refused to carry out your obligations under the Act and given a variety of excuses including that apparently the sale was a "trade sale" and therefore for some reason rather, you have no liability for selling a car in a dangerous and unroadworthy condition.

I require you to make arrangements to collect the vehicle from me and to provide me with a refund. Please note that I have lost confidence in you and therefore I will not be prepared to release the vehicle to you until I have the refund. You can pay this to me by bank transfer or you can ask your delivery driver to pay me the cash.

If you do not collect the vehicle and refund me within 14 days of this letter and I shall start to add storage charges of £10 per day and furthermore I shall issue legal proceedings against you in the County Court without any further notice. These legal proceedings will include references to your statutory obligations under the Consumer Rights Act, your selling of an unroadworthy vehicle which is an offence contrary to the Road Traffic Act and also unfair trading under the Contracts (Protection from Unfair Trading) Regulations 2008.

If you force me to take court action then I shall sue you for the reimbursement of the purchase price of the car, the accumulated storage fees, the ancillary losses which I have incurred – in particular in relation to insurance and tax plus interest which I understand is currently at 8%.  I shall also be applying for reimbursement of the MOT fee.

I'm not prepared to enter into any further discussions about this. I've already used my best efforts to hold dialogue with you.

If you wish to have the car inspected by your own independent inspector then please let me know. I'm happy to accommodate any reasonable arrangement by appointment but you should understand that this must be done within the 14 day timescale and at my home because as I have said, at the end of 14 days I shall issue court proceedings.

Yours sincerely

Xxx

 

I just have question, do I have to agree for his inspection even within 30 days ? , what if he wants it in his location ? I had independent report but Dealer is not accepting it