| Legally savvy types 14:25 - Dec 9 with 2738 views | Pendejo |
Bought a used car from a dealer that boasted they'd carried out 200 checks.
Car started misbehaving the very next day, reported it to them, then 10 days later broke down.
Have had it hooked up to diagnostic software which shows multiple warnings that have been reset rather than resolved.
Was on way to Ipswich with 82yo father in car when it broke down. Luckily I had turned around when warning lights came on, could have happened on M11, M25 or A12 with catastrophic results.
Have incurred 2 x recovery fees (2nd was to get vehicle to a garage), bought a battery and alternator, as that appeared to be the issue.
Dealer not responding to my emails.
I am aware "buyer beware" is one principle "covering" car sales.
What can i do? |  |
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| Legally savvy types on 14:27 - Dec 9 with 2713 views | homer_123 |
Did it come with a 'warranty'? If it did, was it the dealer or insurance? |  |
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| Legally savvy types on 14:31 - Dec 9 with 2696 views | Zx1988 |
It'll all be covered under the general legislation surrounding sale of goods/consumer protection.
In the broadest possible sense, the product (even if used) should be as described and fit for purpose:
https://www.whatcar.com/news/your-legal-rights-if-something-goes-wrong-with-your
Depending on how long ago you bought it, you might be in time to return it for a refund. If not, you might have to look at going down the Small Claims route. If that's the case, it may well be that a cheap 'letter before claim' from an online firm of solicitors could be enough to convince the garage that you're serious, and get wheels in motion.
This firm will do it for you for £5 + VAT:
https://www.roythorne.co.uk/site/business/debt-recovery-solicitors/letters-befor
Of course, it's worth pointing out that I've not vetted this firm, and can't offer any advice/information other than stating that they provide this service. [Post edited 9 Dec 2022 14:33]
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| Legally savvy types on 20:32 - Dec 9 with 2471 views | Pendejo |
| Legally savvy types on 14:27 - Dec 9 by homer_123 |
Did it come with a 'warranty'? If it did, was it the dealer or insurance? |
Yes 3 months, dealer | |
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| Legally savvy types on 20:33 - Dec 9 with 2468 views | Pendejo |
| Legally savvy types on 14:31 - Dec 9 by Zx1988 |
It'll all be covered under the general legislation surrounding sale of goods/consumer protection.
In the broadest possible sense, the product (even if used) should be as described and fit for purpose:
https://www.whatcar.com/news/your-legal-rights-if-something-goes-wrong-with-your
Depending on how long ago you bought it, you might be in time to return it for a refund. If not, you might have to look at going down the Small Claims route. If that's the case, it may well be that a cheap 'letter before claim' from an online firm of solicitors could be enough to convince the garage that you're serious, and get wheels in motion.
This firm will do it for you for £5 + VAT:
https://www.roythorne.co.uk/site/business/debt-recovery-solicitors/letters-befor
Of course, it's worth pointing out that I've not vetted this firm, and can't offer any advice/information other than stating that they provide this service. [Post edited 9 Dec 2022 14:33]
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Wed 23rd Nov! | |
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| Legally savvy types on 20:36 - Dec 9 with 2459 views | Pendejo |
Thanks
I am a Fleet manager and consider myself car savvy; chose a reliable brand and a trader with growing business.
Live & learn, should have bought a bew car. | |
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| Legally savvy types on 20:45 - Dec 9 with 2438 views | jeera |
| Legally savvy types on 20:36 - Dec 9 by Pendejo |
Thanks
I am a Fleet manager and consider myself car savvy; chose a reliable brand and a trader with growing business.
Live & learn, should have bought a bew car. |
Well no, buying a new car isn't an option for everyone and isn't cause for dealers to do as they please.
If anything it's a shame you bought the bits it needed and couldn't just take the thing immediately back to the place of sale.
And that you didn't have breakdown cover rather than have to pay out for recovery.
I'd call Trading Standards/whatever that department calls itself now, and ask them to get on the case.
Even sold as seen will have a few caveats applied inasmuch as a car off a forecourt shouldn't be breaking down a few days after its sale. As for the 200 point check do you have a list of that supposedly includes? One would assume the ability to start and run would be on there! |  |
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| Legally savvy types on 22:33 - Dec 9 with 2355 views | HARRY10 |
f you have written proof that there was a claim of "200 checks the trading standards may well take on your case. Misrepresentation. Otherwise ....
"30-day right to reject"
Under the Consumer Rights Act you have a legal right to reject goods that are of unsatisfactory quality, unfit for purpose or not as described, and get a full refund - as long as you do this quickly."
So get to it. Contact them Sat. Take a witness to verify you asked for a refund under the Consumer Rights Act 2015 within the 30 days. Expect them to try and fob you off. Thats how these sort work.
Send an email for the same. Emails are accepted in law as proof of date sent. Check any ad boards/ads for that claim of 200 checks. Photo any.
Don't get drawn into an argument. State your case as simple as possible, ie You want a full refund as the car was not of satisfactory quality under the Consumer Rights Act 2015. Nothing else.
Have pen and paper and write down any reply. In front of them. That usually unnerves them. More so if you ask who owns the company. You can find that out in advance.
https://companycheck.co.uk/register
You do not have to accept a replacement vehicle or any offer to make good. The probability is they bought a 'pig' from the auction, and tried passing it on. That is where they mostly get their cars from. A thorough valet and then add anything from £500 upwards, then out on to the forecourt.
Good luck [Post edited 9 Dec 2022 23:01]
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| Legally savvy types on 22:55 - Dec 9 with 2328 views | ronnyd |
Is the dealer either AA or RAC approved? If so, you might be able to get some redress from them. | | | |
| Legally savvy types on 07:50 - Dec 10 with 2141 views | Blue_Heath |
| Legally savvy types on 20:32 - Dec 9 by Pendejo |
Yes 3 months, dealer |
Look at the small print, most "warranties" normally only cover costs of certain parts and not labour. | | | |
| Legally savvy types on 08:31 - Dec 10 with 2094 views | ElephantintheRoom |
The most important thing to do is read the warranty which should tell you what is and isn’t covered. You may have already invalidated it. ‘Doing 200 checks’ is utterly meaningless - a laptop can find 200 faults in 200 checks. Buying a used car is always a risk - depending on what you’ve bought and how well it’s been looked after. People usually sell a car for a reason. Rather than email go to the garage - who may well refer you to the warranty they provided you with for just this eventuality. | |
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| Legally savvy types on 08:39 - Dec 10 with 2078 views | BlueandTruesince82 |
| Legally savvy types on 22:33 - Dec 9 by HARRY10 |
f you have written proof that there was a claim of "200 checks the trading standards may well take on your case. Misrepresentation. Otherwise ....
"30-day right to reject"
Under the Consumer Rights Act you have a legal right to reject goods that are of unsatisfactory quality, unfit for purpose or not as described, and get a full refund - as long as you do this quickly."
So get to it. Contact them Sat. Take a witness to verify you asked for a refund under the Consumer Rights Act 2015 within the 30 days. Expect them to try and fob you off. Thats how these sort work.
Send an email for the same. Emails are accepted in law as proof of date sent. Check any ad boards/ads for that claim of 200 checks. Photo any.
Don't get drawn into an argument. State your case as simple as possible, ie You want a full refund as the car was not of satisfactory quality under the Consumer Rights Act 2015. Nothing else.
Have pen and paper and write down any reply. In front of them. That usually unnerves them. More so if you ask who owns the company. You can find that out in advance.
https://companycheck.co.uk/register
You do not have to accept a replacement vehicle or any offer to make good. The probability is they bought a 'pig' from the auction, and tried passing it on. That is where they mostly get their cars from. A thorough valet and then add anything from £500 upwards, then out on to the forecourt.
Good luck [Post edited 9 Dec 2022 23:01]
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This. Had a similar issue years ago. Sent the letter before action and was ready to pursue through small calins that got my money back but took 6 months.
Be aware of the fair usage rule, that impacts how much you can claw back but sounds like you won't be using it much so shouldn't be too bad.
Email to reject the goods as per consumer rights act (cc yourself to all emails) and set a deadline for a response. Follow up as soon as the deadline passed with a warning v that you will pursue legal action with a deadline of 1 week. Then finally if no response a letter before action with 1 more week. Then small claims |  |
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| Legally savvy types on 08:39 - Dec 10 with 2077 views | jeera |
| Legally savvy types on 07:50 - Dec 10 by Blue_Heath |
Look at the small print, most "warranties" normally only cover costs of certain parts and not labour. |
Yes but not within the first few days.
Especially following a boastful 200 point check.
This is more statuary rights territory than warranties. | |
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| Legally savvy types on 09:05 - Dec 10 with 2046 views | GlasgowBlue |
Go down to the dealer and deal with them face to face, refusing to leave until you reach a satisfactory outcome. |  |
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| Legally savvy types on 19:00 - Dec 10 with 1821 views | HARRY10 |
| Legally savvy types on 09:05 - Dec 10 by GlasgowBlue |
Go down to the dealer and deal with them face to face, refusing to leave until you reach a satisfactory outcome. |
That is totally the wrong approach.
You have nothing in your favour by arguing at their premises. They are used to such stuff so will simply fob you off/ignore you. And at 5.30 will close up.
State your case simply, with a witness. Send an emails so as to have a written record of your dissatisfaction, and request for a full refund (within the 30 days).
That usually includes a 14 day period in which they can reply/refund.
Get yourself ready. Find out who the director/owner
1. Identify nd record any material they have that lead you to believe ' The goods should be fit for the purpose they are supplied for{?I} - do this before you contact them. Avoids then changing anything.
2. State your case, simply. Nothing else. They will know what to get you to say to diminish your claim. DO NOT ARGUE or get into ANY DISCUSSION
3 Be prepared for a court case, and even a win can mean time and effort to get them to cough up.
And yes, I have helped a few. And not lost yet
The law is on your side. And as said above, this is not a warranty matter. It is one of misrepresentation.
Any argument to that end can be used in court. Not on the forecourt, which will allow them to be forewarned of your claim.
Good luck | | | |
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