Quality Cars and Commercials Ltd - faulty vehicle and unfair deductions

[BankFodder]

Have you already posted up the "condition previously expressed" could you post it up here again anyway please.

Thanks

[Biltong3]

This was sent on 16th May 2021 and he accepted the rejection on a voluntary basis. 

 

Quote

 

Dear CXXXXX,

 

As per our emails and calls of the notice of fault for the vehicle XXXXXX, please find attached the diagnostic information requested. This is also a formal rejection of the vehicle.

 

As per the timeline of the WhatsApp messages and calls, we have informed you of the oil issue and smoke emission from the delivery of the vehicle.

This has caused us great concern but we have followed your advice of keeping an eye on it and updating you.

After we informed you of the issue escalating and you advised the diagnostic check, AXXX has called and messaged and been ignored.  

 

You were aware I was due to give birth and having a fully functioning vehicle during this time was of the utmost importance to us.

I have been having complications with my pregnancy and after numerous attempts of getting a response from you, I have had to send a formal email complaint.  Again this has just been going in circles and no actual solution or response to what was asked was ever given.

As the garage advised they could not do a diagnostic without a warning light on, we have been stuck.

 

On Tuesday 11th May at 3am, we had no choice but to drive to the hospital and enroute the check engine warning light came on.  This was a 15min drive at low speed to ensure we reached as the vehicle also started jerking.  I gave birth that morning and Antonio did the same low speed drive back home and the car has been parked since and as previously stated.

Again we have had to depend on taxis through this time.

 

The diagnostic was booked and done once I was home, I find it odd that the consultant does not give us a report only a verbal assessment which I have added.  He allowed AXXXXXX to take pictures of his diagnostic equipment.

 

We are not mechanics or know much about engines, we have been dependant on your guidance on this matter and have found it lacking.  I feel our concerns have been dismissed and ignored, any advice or guidance on the diagnostic completely ignored.

From what I have found online verified what the initial garage stated, without a warning light the diagnostic would not be done. And the diagnostic does not provide a detailed description of the fault, the consultant can only provide a verbal assessment on the oil/smoke which is what he has done.

 

I feel that your delays on responding to us and ignoring the issue has caused us undue stress and financial strain which could have been absolutely avoided.  The vehicle should have been checked thoroughly before being sold and in light of any issues should have been dealt with promptly.  

Should you have advised a diagnostic check immediately when we informed you of the issues, I could have made a decision to get one done and/or return the vehicle and made alternative arrangements well before my due date.  Instead, we had your promises of a response or were just ignored which caused further delays.

I have also had to explain why I was disappointed with your lack of courtesy and communication, and again there was never any apology or follow up to this.

 

I now have months of hospital trips with the baby and making travel arrangements for my family ahead of me.

 

I cannot have a vehicle that has an unknown fault or requires extensive repair.  And I definitely cannot risk having the car breakdown or worse while trying to travel with my family.  As much as you say there would not be a major problem from this, I cannot accept that.

 

Please arrange a full refund and a collection of the vehicle immediately.  As stated, I have contacted my bank and the Motoring Ombudsman on this matter.  I will also be submitting to MCOL, the Governments online court should I need to.

 

I await your response, regards

 

MXXXXX

 

 

 

[BankFodder]

Thank you but the letter you have quoted above comes from you to him.

I gather from what you posted and which I have quoted below: –

 

 

39 minutes ago, Biltong3 said:

Hi @BankFodder

He has replied below. I'm assuming he wants to refund the amount minus deductions.....

 

MXXXXXX

 

I upstand my acceptance of the rejection under condition previously expressed. If you provide me with bank details I can process payment as soon as tomorrow.

 

Thanks

KXXXX

 

 

That he sent you a letter in which she apparently accepted the rejection under some condition.

It's that message from him to you that I've asked you to post up here

 

[Biltong3]

Oh apologies I misunderstood!

 

So his first response on 29th May was:

Good afternoon 

I Understand you want to reject your purchased vehicle based on it's faults. 

Please return the vehicle to get a refund. 

Thank you 
CXXX

 

Then he sent this email on 7th June:

MXXXXX

 

Thanks for your email. Since we have learned in the course of last few months that you are and have been using the car that apparently takes oil but there isn’t anything wrong with it or there isn’t anything that could be identified in the report that we have requested to support your rejection.

 

We are voluntarily accepting your rejection, and with provision of lack of evidence of faults, the matter of bringing the car back to us lies in your, should you with to proceed with this option.

 

Saying that you are unable to return the car, we do also appreciate, however there are companies that provide transportation services and it is down to you to find means to return the vehicle.

 

Upon return vehicle will be assessed, whether there is no damage (physical) and whether car is in the state as when you have purchased it, meaning it has to be clean and fresh.

 

Thanks

KXXXX

 

 

After this he finally quoted £300 collection charge and we would each pay half, which I agreed to.  There was never any discussion of any other charges prior to collection. 

 

Note on oil, we put in 9 litres over 4 weeks.

[BankFodder]

But I do understand that you had a diagnostic done before the car was returned which confirmed that there was a serious defect – correct?

Have you had any response from the dealer as to the condition of the car when it was returned to him?

[BankFodder]

But I do understand that you had a diagnostic done before the car was returned which confirmed that there was a serious defect – correct?

Have you had any response from the dealer as to the condition of the car when it was returned to him?

 

[BankFodder]

Any answer to this please and if you are going to accept the offer of payment then we need to plan a letter of acceptance.

Please don't start firing off letters without running them past us first of all

[Biltong3]

The diagnostic technician didn't give a written report, he just did the diagnostic and gave a verbal assessment that there is a serious problem. 

 

His email once he checked the car, log book was posted the same day:

MXXX

 

To summarize, you have purchased the car for £2799 inclusive in £150 delivery charge to you at the time of purchase. Recovery cost of £300 we have agreed to split the cost between the parties what gives us £150 each to pay. You have travelled just over 600 miles what is calculated as wear and tear at the rate of 35p per mile.

 

This comes up to £2799- less £150 delivery, £150 collection and wear and tear £210 (600x 35p).

 

Total refund figure is £2289.

 

Can you please provide bank details for the transfer?

 

Finally, please note that until I will receive the log book (full copy) I will deduct £100 off the final refund amount. Once log book is received the £100 will be released immediately.

 

Thanks

KXXXX

@BankFodder I did reply an hour ago but seems like it didn't post. I've submitted again.

[BankFodder]

It is essential that you get written confirmation of the diagnostic from the technician.

Why didn't you think to get something in writing at the time it was done?

You need to get back to this person and if they have got some proper computerised record then get hold of it. If not, they must at least give you something in writing which is to the best of their recollection.

What date was this diagnostic done? Did it cost you any money?

 

Also, what is this about a missing logbook?

[Biltong3]

My partner spoke to the technician and asked him for a written report and he said it is not what they do (Halfords diagnostic done on 15th May) I can call Halfords and see if they can provide one.

 

He didn't mention he needed the log book until the car was collected by the courier.  I posted it the same day.

[BankFodder]

Did you pay anything for the Halfords diagnostic?

So you say that the logbook was posted shortly after the car was collected. What date was that? The dealer seems to think he hasn't got it. Did you send it by recorded delivery or take any other action to keep a trace on the fact that you had returned it?

 

Why did you return the logbook? Did he ask for it? He asked for it by email?

I'm trying to get the whole story at one go here rather than get it in dribs and drabs

[BankFodder]

Also, please can you tell us the first state that you actually mentioned in writing that you are rejecting the car.

When was the first state that in writing he offered you this partial refund?

[Biltong3]

Halfords diagnostic was £25, I booked online for a home visit. 

Car was collected on 8th July, log book was posted the same day, I just sent it first class. 

He asked for the log book just after the car was picked up.

I rejected the vehicle on 16th May 2021 by email.

He offered partial refund on 9th July 2021 once he had received and checked the vehicle.

 

[BankFodder]

Okay well if you pay for the Halfords diagnostic then there must be a record it. I'm amazed that they charge £25 and won't even give you written checklist as to what they found. There must be a record.

You need this urgently. You didn't tell us what date this was carried out on even though I asked you.

You haven't responded to my question as to whether he asked for the logbook by email.

So unfortunately you got no evidence that you sent in the logbook which is a shame. Still, £100 for the missing logbook is excessive in my view.

Please can you address the other questions I've asked

[Biltong3]

Diagnostic was done on 15th May 2021.

Yes he asked by email. 

[BankFodder]

Okay good.

I think that before you respond to his offer of the partial refund, that you ascertain that you can get hold of the diagnostic report.

Presumably you have some record of the payment? Paid by credit card or debit card?

[Biltong3]

Ok ill try Halfords tomorrow. 

Yes I've got email confirmation of the booking and paid by debit card. 

Will update once I find out.

Thank you 

[BankFodder]

Any update on this?

[Biltong3]

Hi spoke to Halfords on Monday and chased up again. They are awaiting a response from the hub regarding a report.  

I've put in an official complaint so should hear back today.

Will update as soon as I have news.

[Biltong3]

Just had a call from Halfords, they can't do a report so are refunding the charge for the diagnostic.  Even though I said I need the report they offered another diagnostic or refund.

[BankFodder]

Do they agree that normally there should be a written report?

 

Do they also recognise that you did have a diagnostic done?

How much is this have you got in writing from them?

 

[Biltong3]

Hi yes the technician should have given one, he's left since. We have the receipts for the diagnostic and an auto confirmation that it was completed.  Technician didn't create a report so no paperwork for it which is why they can only refund. 

[BankFodder]

I'm unhappy that they are doing things on the telephone – and presumably you are not recording your calls. Have you read our customer services guide?
One of the problems is that you have established no paper trail – not even the the diagnostic for which you receive £25 and in respect of which you should have insisted on the written report that for some reason other was withheld by the Halfords employee.

Had you obtained a copy of the diagnostic report then the whole thing would have been open and shut. Paying £25 and walking away with nothing is not going to make things easier.

I think you should write to Halfords immediately – a letter of complaint – confirming the telephone call in which they told you blah blah blah. Tell them that the refund is not acceptable and that there was a contract for a diagnostic and that the circumstances are that the vehicle is now no longer available but in fact is the subject of the dispute and by their breach they have prejudiced your position in this dispute.

Tell them that you want a written confirmation that the diagnostic took place. Tell and also that you consider that it is their responsibility to contact the ex-employee and to at least get a written confirmation that the diagnostic detected defects with the vehicle – even if you aren't able to produce the official results transcript now.

Don't imagine that Halfords will be pleased about this. They will consider that it is an inconvenience and that you are being a troublemaker – but you should do it anyway. I suppose it's unlikely that they will obtain the confirmation from the employee – but you may as well try.

Separately, you should send Halfords a subject access request. Use our template which is very widely worded and you need to send it to Halfords by recorded delivery immediately or by email. Modify it to suit but keep it very widely worded.

If push comes to shove, you may be looking at a claim against Halfords for inaccurate data processing. The SAR is free and so although it's marginally inconvenient for you, you should get it going this weekend.

So that's two letters to Halfords – sent separately – separate envelopes – and then please monitor this thread for a further reply later.

[Biltong3]

My partner booked the diagnostic and they called and spoke to him yesterday. 

I'll send the letters out this weekend. 

Thank you

[BankFodder]

When you send them the SAR, I think that to speed things up you had better send them a note of the car registration number, and a copy of a utility bill in the name of the person who asked the diagnostic and who paid the bill for it.
I think you can be pretty certain that they will be obstructive about providing you the data you want.