How to proceed , advise please

[Conniff]

Further update.

 

I have been contacted by the dealer who would like to come & inspect the car & see what has caused the problem. I think it is only fair that they should be given this chance but is there anything i should do to safeguard the situation.

 

Thanks in advance.

 

Has he visited yet Paddy ?

[PaddyDuffy]

Has he visited yet Paddy ?

 

No , i gave him two dates in which i could be there in person, as they requested but both were not suitable because it was their " busiest days " . I work nationwide & it is very difficult for me to be present while they look over the car & do their tests etc etc. They want me there so they can look it over & if its " my fault / their fault " we can go from there. This is dragging on far too long now & i am losing patience , the longer the car sits it will cause even more problems . Just don`t know what to do now .

[Conniff]

You must give them a date on which to visit telling them that work commitments won't allow other dates to be considered. You can add that if the suggested dates are not satisfactory to them, you will take time off work to suit them but they must make up your lost wages.

 

Also now you have to make time of the essence and give a cut off date for satisfaction. Only in recorded delivery letter.

[PaddyDuffy]

You must give them a date on which to visit telling them that work commitments won't allow other dates to be considered. You can add that if the suggested dates are not satisfactory to them, you will take time off work to suit them but they must make up your lost wages.

 

Also now you have to make time of the essence and give a cut off date for satisfaction. Only in recorded delivery letter.

 

I have managed to get them to come on Wednesday this week & told them i need an AM appointment , they have agreed . we shall see what happens , i get the feeling that they will do their examination & still deny any liability . I will be extra vigilant in watching what they are doing during the test.

Thanks for the advice Conniff

[Conniff]

If you have a body cam, wear it or if not have your mobile on record in your shirt pocket and make sure you are always within earshot so you get a full recording of what goes on.

[PaddyDuffy]

Hello all, sorry for the delay in any update but the process has taken a very long time. looking for more advice if possible please.

 

The garage came & collected the car & called the warranty company out to look it over , i think they hoped they would agree to the repairs being paid by them. The upshot is that the engine has failed due to lack of oil , we already knew this but had to have it confirmed. The garage have made me an offer of souring a reconditioned engine & have asked i pay £500 but will do the work as a " good will " gesture , they estimate the work to be £600 . TBH , i am really not interested in paying another penny .

 

Thanks

 

Paddy

[Conniff]

To have gone ahead with this you would have first needed to see the engineering firms bill and guarantee for reconditioning to be certain it was a reconditioned engine and not just a jetwashed engine from a scrapped or write off.

 

As you have already paid out on this car with the wrong diagnosis of starter motor, I think you have probably made the right decision and if you are willing to absorb the money you have already paid out, tell them you will call it quits and expect a full refund of the purchase price.

 

Coming to a final decision though, keep in mind that if this is a genuine reconditioned engine, you should have a mechanical trouble free motoring life for as long as you own the car and you are unlikely to find another car with a no mileage reconditioned unit in it on a car sales lot.

[PaddyDuffy]

To have gone ahead with this you would have first needed to see the engineering firms bill and guarantee for reconditioning to be certain it was a reconditioned engine and not just a jetwashed engine from a scrapped or write off.

 

As you have already paid out on this car with the wrong diagnosis of starter motor, I think you have probably made the right decision and if you are willing to absorb the money you have already paid out, tell them you will call it quits and expect a full refund of the purchase price.

 

Coming to a final decision though, keep in mind that if this is a genuine reconditioned engine, you should have a mechanical trouble free motoring life for as long as you own the car and you are unlikely to find another car with a no mileage reconditioned unit in it on a car sales lot.

 

Hi Conniff ,

 

thanks for the reply, i can envisage the garage getting very troublesome about this. I have no intention of accepting a reconditioned engine that i have no knowledge of the condition & mileage, i am not paying out another penny on this matter. I am out of pocket with insurance, vehicle tax & time without a car so to " pay again " is ridiculous. Ideally i want the purchase price back but what are my legal rights ?.

 

Thanks for all the help

 

Paddy.

[Conniff]

Next move is to write a courteous but firm letter telling him that you are rejecting the car under the The Consumer Rights Act 2015 which states the car must be of

‘satisfactory quality’, ‘fit for purpose’ and ‘as described’, you can say that it is none of those.

You can also remind him that regulation allow you to claim damages if you have incurred losses as a result of being without the car.

 

If the word 'warranty' comes into it, you can mention that any warranty is extra to you consumer rights under the regulations.

 

Do this by signed for letter. The way ahead will depend on how he responds.

Edited April 8, 2016 by Conniff
typing error