Bought car with warranty autobox failed blaming me

[Bazooka Boo]

Definitely!

[Conniff]

If you need any help with the wording etc, come back here.

[Rich44]

Hi all

 

Sorry for not updating this sooner, we had some mail to the vendor returned so had to send the LBA again, given him lots of time to rectify this now and he's still saying he won't repair, that there's no grounds for rejecting the vehicle etc. So if I could have some help with my PoC that'd be great. This is just a rough outline of my thinking I know it'll need lots of work and it needs dates/names adding and I need to label everything enclosure up etc but any constructive advice would be gratefully received. I haven't been on top of this as much as I would've liked as i'm extremely ill most of the time and have been battling DWP & HMRC who have both made a terrible mess of our benefits meaning were all living on £79 child tax credits and £137 child benefit as not been paid ESA since August and HMRC have made up a £25k income from nowhere and it's taking forever to get sorted. Sorry for rambling on about that anyway but if anyone can advise me on what to change on the PoC below that would be amazing, thank you to everyone!

 

On (insert date) we purchased a car from (insert vendor) with a 4 week warranty, we were told that everything worked and on the test drive everything seemed good.

On collecting the vehicle it was a bit rushed as late in the day, when I started the car I noticed the SRS airbag light was permanately lit indicating a fault. The next day I noticed oil under the car which had pooled overnight. I immediately informed the vendor of this (see attached emails)

 

Whilst driving around locally I noticed the car was very sluggish to start and sometimes started just as the battery was dying. At my own expense (£70 receipt enclosed) I replaced the battery. As the weather got warmer I noticed the aircon was not working properly so I informed the dealer and got it regassed at my own expense (£49.99 receipt attached). I did not mind paying for minor stuff on an older car.

 

On 26/06/2015 I emailed that there was now a number of faults the 4wd select lever did not shift between 4wd & 2wd at all, oil leak, loud squealing noise under hard acceleration, 2 bolts missing holding the plastic engine cover on missing and the car despite being an automatic would stall when pulling up at junctions, in traffic etc.

 

It was arranged to drop the car off with the dealer on Tuesday 7th July to be repaired. On 6th July I received an email saying his mechanic was away until Weds/Thurs that week so I agreed to take it there on Thursday 9th July instead. On Wednesday 8th July the car broke down and could not be moved. I called Green Flag who sent Anglia Recovery to collect the vehicle and return it to the dealer.

 

I had a phone call on 14th July saying there was damage to the torque converter which according to his mechanic could only have been caused by driving in 4wd at excess speed or from the vehicle being towed. The damage cannot have been caused by excess speed in 4wd for 2 reasons, the first being one of the faults was you could not put it in 4wd mode and secondly on checking with the owners club and a vehicle manual there is no upper speed limit for driving in 4wd. As for the damage being caused by the vehicle being towed, I have a statement from Anglia Recovery which states that at no point was the vehicle towed it was just loaded onto 2 flatbed trucks and delivered (please see enclosed email from their MD).

 

After considering the matter and taking advice I wrote to (insert name and company name) to advise I was rejecting the car as unfit for purpose under the Sale of Goods Act 1979, I also believe the dealer is in breach of Consumer Protection Regulations by not advising me of any faults at the time of purchase when there clearly was because the SRS light was permanently lit, I also believe the other faults all existed at the point of sale.

 

I have asked for a full refund of £2700 via bank transfer or cheque, to date the dealer has stated he sees no reason for me to reject the vehicle as unfit for purpose. Up to this point I have not asked for a refund of ny of the additional items that I bought to fix problems on the car. The car has been with the dealer since Thursday 9th July therefore I can see no reason why he is refusing to refund me.

[king12345]

Can I just ask how you manage to run a car if you are on benefit?

My car is the second biggest expense after the mortgage and surely if I wasn't working I wouldn't be able to run it.

Or maybe i should leave my job...

 

Sorry for the intrusion, but I'm just curious

[Rich44]

I don't see how it's any of your business for a start & secondly we don't have a choice because we live in a rural village, there's minimal buses & it's the only way I can get to the various hospital appointments.

 

We can afford it because it's necessary. The car I drive right now cost me £500 last year when I was EMPLOYED I have since left my employment by mutual agreement because I am too ill. The reason I had money to buy this car was because a little old lady didn't stop at give way & wrote my car off, because she's had so many accidents (local car crash celebrity) her insurer instantly paid out a large sum which bought this car.

 

My insurance is only £200 a year & I save up pennies all year round to pay it off all in one go so avoid interest.

 

Your flippant disgusting comment about maybe leaving your job is quite frankly outrageous. Up till this year I'd been employed since 16 working my arse off I now have TWO neurological conditions which causes constant pain everywhere for which I am on opiate patches (they help a BIT) plus I get uncontrollable muscle spasms, burning feet, I can't do things like play football with my kids, I suffer from random bouts of vomiting where I'll be sick many times an hour for 24-48 hours at a time, I'm perpetually tired, all of this drives me to suicidal tendencies because my life is so miserable on a day to day basis.

 

I haven't had a Penny of ESA since August I don't know why, 2 adults & 2 children are living off £79 a month tax credits & £137 a month child benefit.

 

SO YOU TELL ME DO YOU WANTS THIS AND GIVE UP YOUR JOB???

 

I dream of being able to even get a mortgage let alone pay one so I suggest next time you're "curious" you just shut your mouth ok?

[caro]

Can I just ask how you manage to run a car if you are on benefit?

My car is the second biggest expense after the mortgage and surely if I wasn't working I wouldn't be able to run it.

Or maybe i should leave my job...

 

Sorry for the intrusion, but I'm just curious

 

Please keep on topic. This is irrelevant and doesn't help with Rich44's problem.

[king12345]

My apologies.

Edited September 30, 2015 by citizenB

[Rich44]

Thank you for the apology it's appreciated. Tbh I felt the same until it happened to me I hate having to claim it myself I'd rather be working but there you go....

[Bazooka Boo]

I cannot see any reason why your claim won't be successful given all that you've stated, I just think that he's being obstinate and

thinks that you won't even dare take him on, hit him where it hurts.

 

Good for you, (a fellow traumatic brain injury survivor) I know just what you mean about feeling fatigued all the time!

[Conniff]

Hi all

 

Sorry for not updating this sooner, we had some mail to the vendor returned so had to send the LBA again, given him lots of time to rectify this now and he's still saying he won't repair, that there's no grounds for rejecting the vehicle etc. So if I could have some help with my PoC that'd be great. This is just a rough outline of my thinking I know it'll need lots of work and it needs dates/names adding and I need to label everything enclosure up etc but any constructive advice would be gratefully received. I haven't been on top of this as much as I would've liked as i'm extremely ill most of the time and have been battling DWP & HMRC who have both made a terrible mess of our benefits meaning were all living on £79 child tax credits and £137 child benefit as not been paid ESA since August and HMRC have made up a £25k income from nowhere and it's taking forever to get sorted. Sorry for rambling on about that anyway but if anyone can advise me on what to change on the PoC below that would be amazing, thank you to everyone!

 

On (insert date) we purchased a car from (insert vendor) with a 4 week warranty, we were told that everything worked and on the test drive everything seemed good.

On collecting the vehicle it was a bit rushed as late in the day, when I started the car I noticed the SRS airbag light was permanately lit indicating a fault. The next day I noticed oil under the car which had pooled overnight. I immediately informed the vendor of this (see attached emails)

 

Whilst driving around locally I noticed the car was very sluggish to start and sometimes started just as the battery was dying. At my own expense (£70 receipt enclosed) I replaced the battery. As the weather got warmer I noticed the aircon was not working properly so I informed the dealer and got it regassed at my own expense (£49.99 receipt attached). I did not mind paying for minor stuff on an older car.

 

On 26/06/2015 I emailed that there was now a number of faults the 4wd select lever did not shift between 4wd & 2wd at all, oil leak, loud squealing noise under hard acceleration, 2 bolts missing holding the plastic engine cover on missing and the car despite being an automatic would stall when pulling up at junctions, in traffic etc.

 

It was arranged to drop the car off with the dealer on Tuesday 7th July to be repaired. On 6th July I received an email saying his mechanic was away until Weds/Thurs that week so I agreed to take it there on Thursday 9th July instead. On Wednesday 8th July the car broke down and could not be moved. I called Green Flag who sent Anglia Recovery to collect the vehicle and return it to the dealer.

 

I had a phone call on 14th July saying there was damage to the torque converter which according to his mechanic could only have been caused by driving in 4wd at excess speed or from the vehicle being towed. The damage cannot have been caused by excess speed in 4wd for 2 reasons, the first being one of the faults was you could not put it in 4wd mode and secondly on checking with the owners club and a vehicle manual there is no upper speed limit for driving in 4wd. As for the damage being caused by the vehicle being towed, I have a statement from Anglia Recovery which states that at no point was the vehicle towed it was just loaded onto 2 flatbed trucks and delivered (please see enclosed email from their MD).

 

After considering the matter and taking advice I wrote to (insert name and company name) to advise I was rejecting the car as unfit for purpose under the Sale of Goods Act 1979, I also believe the dealer is in breach of Consumer Protection Regulations by not advising me of any faults at the time of purchase when there clearly was because the SRS light was permanently lit, I also believe the other faults all existed at the point of sale.

 

I have asked for a full refund of £2700 via bank transfer or cheque, to date the dealer has stated he sees no reason for me to reject the vehicle as unfit for purpose. Up to this point I have not asked for a refund of ny of the additional items that I bought to fix problems on the car. The car has been with the dealer since Thursday 9th July therefore I can see no reason why he is refusing to refund me.

 

That reads a bit like a story. Just fact and not bits like "Whilst driving around locally..."

 

I'm going move you into the legal section where you should get some proper advice on the legal side.

 

On second thoughts, I will leave you here and flag you up for legal help.

[Conniff]

He can't blame you without proof. During the first six months it is up to the seller to prove there was nothing wrong with it when he sold it.

 

Any further with your claim ?

[Rich44]

Hi

 

But of advice please have a long running argument with a local trader who was trading under a limited company.

 

The car catastrophically broke the latest letter from him says he's resigning as director and the company will eventually be struck off.

 

I presume this now means we've lost £3000 of our own money?

 

Desperate for any advice feel really ill over it, it's a lot of money we'll never have that kind of money ever again as am now seriously ill.

 

Feel bad it tbh that he can do this and walk away.

 

I assume there's nothing we can do about it?

 

He's NOT gone bust btw he's just said for personal reasons he's resigning as director

[dx100uk]

how did you pay?

when did you buy the car

when did it first go wrong.

 

 

dx

[dx100uk]

it this to do with:

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?449067-Bought-car-with-warranty-autobox-failed-blaming-me

[Rich44]

Yes couldn't find the original thread thanks

[dx100uk]

threads merged

 

 

simply click your username and threads are there.

 

 

dx

[Rich44]

Ok thanks

[Conniff]

Don't give up on his say so, he has been full of bull up until now and can think he is being clever just to get you off his back. An obvious shyster, this could just be another of his

silly little boy ploys.