CRA 1/10/15 statutory repair?

[Conniff]

You lay out your concerns and quote The Consumer Rights Act 2015 and say your wish to reject the car for a full refund and send it by recorded delivery. Even if he refuses to sign for it, it is still to be taken as received so it matters not if he responds.

[NGEddie]

Thanks Conniff!

So say I believe the timing is still wrong and it makes an intermittentnoise it shouldn’t, as per confirmed by specialists email. So it should be afull refund without deductions for use or wear and tear?

Does it matter his mechanic didn’t hear it the day I took it?

So after I have sent and probably get my reply, what is theprocess?

Cheers

E!

[Conniff]

That would depend on your determination to get redress. The next step would be a letter before action and then to small claims but only if you were prepared to go that far.

 

You will need proof positive that there is a problem and not just a suspicion.

[NGEddie]

Ok, thanks

 

In your opinion, how likely is it I could win on this? and is there a cost for going to small claims?

[Conniff]

Small claims about £40-50. Only when you have definite proof that the car is duff should you consider that.

[NGEddie]

This is where its tricky, I have specialist saying it doesn't sound normal but cant say why, the sellers mechanic couldn't hear it because was quiet that particular day, then the bloke who fixed the injector leak saying it sounds like pre-ignition.

 

So if I have it in as planned next week and he videos adjusting the timing proving it is or was out, I guess its effectively fixed...if that stops the sound. I suppose at that point I can no longer reject? But should be able to bill the seller for the repair?

[Conniff]

Yes, but mention checking the pump timing to him. You should then bill the seller but get proper headed invoices for the work done and it should ideally be a vat registered garage.

[NGEddie]

Cheers, he's going to strip it down fully so can check cam, pump and crank all together. Yes its a vat registered proper garage.

 

What method do I use to bill seller?

[Conniff]

Send him a copy on both email and royal mail

[NGEddie]

Ok sure

 

Going back one step, would the email from the specialist be enough as proof that it makes a noise it shouldn't?

[Guest]

Ok sure

 

Going back one step, would the email from the specialist be enough as proof that it makes a noise it shouldn't?

do you mean your specialist? was it via company email, and his prof opinion as a result of his diagnosis? should be ok?

[Conniff]

Should be, maybe!

 

It would depend on how it is written. Is it worded lightly as in 'I think that is the problem...' or formally as in 'In my professional opinion...' ?

Does it come from a company email address or an Hotmail type of account ?

[NGEddie]

From the company email address

 

----

 

I checked the cam timing as the belt had been recently replaced and found it to be out slightly, as i was unable to insert the locking tool for camshaft correctly.

Readjusted as required.

 

The combustion noise at between 1800-2500 rpm when accelerating lightly is one that i have experienced before on the 1.6 common rail diesel and in this case there was a

software update for the engine control unit to resolve the issue, but i’m unable to find any technical bulletins relating to this issue for the 2.0 common rail diesel.

 

There are no faults logged in the fault memory of the engine ecu.

 

-----

 

Is exactly what it says, good enough?

[NGEddie]

What the coc%#£*&%£#% seller said on the second communication he sent:

 

-----

 

Should you choose to start court proceedings I want an independent inspection done by ACE which I will put a counter claim in, along with my garages report and your choice of garage report and with all costs. All communications are to be carried out via email.

 

-----

 

To make it clear what I'm up against

 

Cheers

[Guest]

re post #63. looks ok. says that the garages' 'fix' was out. and subsequently fixed.

and id's a familiar abnormal noise. (that poss cld be fixed via software, but no known software fix available)

see what conniff thinks.

[Guest]

ps, have you given your local trading standards a call, maybe see what they think about rejecting etc?

[Guest]

What the coc%#£*&%£#% seller said on the second communication he sent:

 

-----

 

Should you choose to start court proceedings I want an independent inspection done by ACE which I will put a counter claim in, along with my garages report and your choice of garage report and with all costs. All communications are to be carried out via email.

 

-----

 

To make it clear what I'm up against

 

Cheers

what roughly is the value of the car, assuming if you wld be going for return and refund?

[NGEddie]

£7999, I actually work for a local authority n TS is in our building but it all goes through CAB who said the same as you guys but said seller would be allowed to deduct £ for use, so can imagine what a Piers Morgan he would be about that!

 

Its really depressing, I'm almost growing to hate the car every time I hear a noise. Like I went a different way home the other day on a bumpy road n a coil spring noise bangs at the rear, then about three more times over bumps that night...then nothing since...FFS!

[Conniff]

I'm slightly worried about the "...found it to be out slightly...", what does that mean exactly. Your camshaft is driven by a toothed belt, so was the belt misaligned by one tooth or by two?

Unlikely to be out by any more and the car still be drivable. Saying it was slightly out is not authoritative enough for my liking.

 

With the other problem, you don't seem to have anything except you heard it and someone else did. Unless you can come up with a definite then I don't see how you can make a claim.

 

Get it on a rolling road by an expert company if you feel there is a problem and get a full written report from them before you go too far. If that report is in your favour, then you can let him have his independent diagnostic. If you win he will have to reimburse your inspection costs and vice versa.

 

It's really hard to make any informed judgement unless you can furnish concrete proof of a problem.

[Guest]

re #64. preempting wld be small claim;

if they want a further 'court' independent expert, for them to instruct at their cost initially, and it should be agreed between the parties, and the court. the loser may have to pay the experts costs or a share, judge to decide in the circs.

as they voluntarily took the car back to test at their own expense, and offered you to get it looked at their expense, and there is a fault, then they might not be able to counter claim those costs back?

small claims costs wld be relevant. ie generally no litigation costs apart from the court fees (and expert fees if approved).

see what the guys think.

[Conniff]

If he is so sure there is no problem then he would take it back, minus use for enjoyment, and then make more profit selling it on to someone else.

 

You could call his bluff over it and say you agree to his engineering inspection but that you want the full name and address of the premises and the qualification of the examiner before you allow it.

[Guest]

does the cars history, as advertised, all check out ok?

[NGEddie]

This is the thing, the email I pasted is from a month ago before he stooped replying. It was then I took it to the garage next door to his premises he uses, who said he could not hear anything other than a common rail sound, because it wasn't really making it that day

 

The VAG specialist is who checked n adjusted on cam only. Their VCSD showed it delivering the requested boost with no fault codes but they confirmed the noise isn't normal.

 

I took it to another bloke who sells a lot of VAG as well as race tuning, he drove it, heard the sound n said its nothing to worry about.

 

The placed I have it it booked it at for Tuesday is a German n performance specialist who seemed the most clued up of all, had a 911, S4 n M3's around working on etc... Who heard sound n straight away said pre-ignition. He does actually have video equipment so can film what find, hopefully timing still not being right, then him finally correcting it, is that useable evidence to claim repair costs back?

 

Not really any rolling roads near n don't think unfortunately its going to throw up any codes.

 

I can never seem to have simple faults with my cars!

[NGEddie]

Yes Ford all is ok, I really think is all connected to the cambelt not being fitted properly n kick myself for not picking up on the noise n lethargic feeling when I bought it

[NGEddie]

So had just had a call fromthe garage. The timing was about ½ a tooth out on the cam and ½ a tooth out onthe fuel pump. He has adjusted and is running fine now. He has taken photos andfully detailed on the invoice what he found.

He also discovered the o/s/rshocker is knackered. When I bought it the seller put a new MOT on it and itfailed on a rear shock absorber which they claim they had replaced. The garageconfirmed today the other side looks as if been replaced, but I need to checkwhen I collect if it is three months new looking. But how could the O/S/R haveworn out in three months?

So what exactly do I do nowplease? I also took a video of it yesterday with that days newspaper, showingreg number and clearly hearing the noise.