Quick Car Credit/First Response Finance - faulty car .

[Lil Worthy92]

I took delivery of the car 26th Nov 2020 on a flat bed truck and they picked up my old car 

[Lil Worthy92]

I didnt get a warranty guarantee from themselves but have a warranty issues by a different company called A1 Approved that is vaild until Aug 2021 which I will upload if you would like me to? 

[Lil Worthy92]

This is the document with A1 Approved about warranty. When I asked quick car credit they told me this warranty is just a free one they give out with all cars. 

 

I didnt get this until my car started going wrong after i took delivery of the car when i just kept getting told to go to these but at first they didnt register the car with this warranty until not long after they did repairs because we kept going back to quickcarcredit a1_approved_validation_certificate_541882.pdf

[BankFodder]

Thank you. Not that we would rely on the warranty – but it's not very useful. Maximum repair limit of £300 – with their in excess of £25 so that it means you're covered for £275 per repair.

It's basically a fop and you have been fobbed off and of course it's a shame that you didn't find a couple of days earlier because we could have beaten the six month limit.

Had you asserted your statutory rights within the first six months, then you would not have needed to prove that there was any fault and they would have been obliged either to attempt to repair or failing that, to give you a refund.

I'm afraid that you've exceeded the six months by a single day and I'm sure that they will understand their rights better than you have understood yours.
 

I think it's extremely unfair because I'm sure they know exactly what they are doing and frankly I think that they had a fiduciary duty to inform you of your rights and to take ownership of the problem.

Now it is down to you to establish that there is a fault.

However, I don't think it falls upon your shoulders to identify what the particular fault is. Simply that there is a fault and that is sufficient.

For £6000, you are entitled to purchase a vehicle that is of satisfactory quality and which will remain that way for a reasonable period of time. It seems to me that a vehicle that becomes an driveable within six months fails that test of satisfactory quality in the eyes of a reasonable person and therefore the dealers are in breach of contract.

Don't expect them to be pleased about that or to be cooperative.

Let us know what the garage says tomorrow and then we can advise you.

However I can tell you now that based on the apparent attitude of this garage and the way that it has all been handled by them, I expect that you will have at least to issue a County Court claim and maybe even go through to a hearing.

So for the rest of today and tomorrow if you have time start looking at this forum at the steps involved taking a small claim in the County Court. It's pretty easy but it's worth knowing the steps in advance so that you are confident about what you are doing.
We will help you all the way but make sure that you have the mindset to do it because you will be doing it yourself even though we will support you very closely in terms of preparing your documents and proposing suitable arguments to you.

Let us know what the garage says tomorrow

[Lil Worthy92]

Apparently i also had 6 months with them as part of the deal but when problems happened they made it hard for me and just kept fobbing me off to A1 Approved but they won't help with anything either 

[Lil Worthy92]

Thank you its not very good as they caused me to have a breakdown as I haven't had use of a car and being told its unsafe for them which got to me as I've had my children in the car.

 

I will be putting the report from the garage up tomorrow as soon as I have it 

[BankFodder]

Well I'm sorry is been so difficult for you – and with the children I'm sure that it is extra special.

We have built up a reasonable picture of what is happening and your position. Once we see the next garage report then will be able to give you a suggested plan of attack which will help to make you feel that you are back in control and hopefully that will relieve your stress levels.

I think it will be a good idea to send the dealers an SAR. You never know what might turn up – and you never know, they may not even respond properly within the 30 days and that will give you an extra string to your bow which we will be quick to exploit.

[Lil Worthy92]

Send quickcarcredit a SAR or first response? 

Sorry didn't understand 

[BankFodder]

Both of them. It's all free and you never know what you get.

[BankFodder]

I'm going to tell you that I'm still lost as to who provided hire purchase and who actually supplied the car.

Anyway, although they won't like it I think you may as well send them both an email right now so that it has today's date.

 

Quote

Dear Sir/Mdm

Reference number XXX - notice of rejection of motor vehicle registration number XXX under the Consumer Rights Act 2015.

As you know, I purchased the above vehicle on XXX date and it was delivered by you to my address on 26 November 2020.

Also as you know, the car developed serious faults on XXX date 2021 and you were informed of this on XXX date 2021.

I am confirming to you that as these faults occurred within the first six months of date of my ownership of the vehicle, that I am exercising my final right to reject the vehicle. As you are an experienced dealer and finance company, I'm sure that you understand what this means.

When I originally contacted you about this, you informed me that it was my duty to ascertain the full nature of the fault and I understood that a diagnosis would cost about £500.

We both fully understand that not only are you extremely experienced in the car trade, but that also you are regulated by the FCA. In the circumstances, I don't think that it was unreasonable for me to rely upon you and what you told me on the phone and I find that it was disingenuous that you opted not to inform me that I had certain rights under the Consumer Rights Act 2015.

I have since taken advice and I understand that it is not my duty to identify the actual fault, simply to identify that a fault exists and that it is serious enough to mean that the car is not satisfactory quality.

I understand that under the 2015 Act, you are entitled to a single opportunity to repair the vehicle after which you are obliged to refund me less a pro rata sum to represent the use I have had out of the vehicle.

You have already been made fully aware of the problems but for the avoidance of doubt I am enclosing an RAC report which includes a recommendation that the car must not be driven in order to avoid more serious damage.

Please will you let me know by return what steps you intend to take to put the necessary repairs into effect or else let me know that you prefer to recover the vehicle and to reimburse me.

 

Yours faithfully

 

 

Please check this email above. Let me know if there's anything that is wrong or anything you want to add and once we agree, you should send off to their email address today so that it has today's date on it so that we can say that you have acted very quickly.

Of course they will make a song and dance about it on the basis that you have exceeded the six month by one day – but we will rely on the fact that they were informed of the serious fault within the six months.
We won't only be relying on this email – but it will help.

[Lil Worthy92]

Thank you I will get that email off two both.

 

I hope this helps you not feel lost 

 first response is the company who provided the hire purchase they provided quick car credit the funds for the car.

 

Quick car credit they are the ones who supplied the car to me before they even got the funds for the car.

 

I hope that helps 

[BankFodder]

So if this is a hire purchase agreement, then your contract is with First Response and all legal actions will be against them. They are effectively the owners of the car and they bought it from quick car it and then sold it to you.

[Lil Worthy92]

Yes do I send the email to them as they are the one that brought the car? Or both? 

[BankFodder]

Send it to both. There's nothing to lose.

[Lil Worthy92]

Okay thank you had to make sure ☺

[slick132]

"Warranty" document removed from post #28 above - it showed your name, address, and car reg no.

 

Please hide all identifying data before posting documents on your thread, thanks.

[Lil Worthy92]

Sorry about that I had a reply from first response this is their reply 

 

 

Thank you for your email. I regret to hear that you remain dissatisfied with the situation and with our processes, however the information I have requested from you is in line with what is stated in the Consumer Rights Act 2015.

 

As you state below you collected the vehicle on 26^th November 2020 and first experienced issues on 22^nd June 2021. This is 6 months and 27 days after collecting the vehicle. The Consumer Rights Act 2015 states that after owning the vehicle for 6 months, the burden of proof lies on the consumer to prove that the reported defect was present at the time of sale.

 

Furthermore, if you are able to prove the current faults were present at the point of sale, you may be entitled to a repair of the fault (if economical) rather than to reject the vehicle.

 

I have reviewed the attached RAC report and this states that any diagnosis made by their patrols is a suspected diagnosis should be verified by your repairing garage. There is also nothing to suggest that the current faults were present on the vehicle o the date of sale. Based on this I am unable to accept the RAC report as proof that the current faults were present at the time of sale.

 

I understand this is not the response you were hoping for, however I will still require evidence that the current faults were present at the time of sale before I am able to confirm that your Consumer Rights have bene breached.

 

If I do not receive an inspection report from a local garage by the end of the week I shall have no alternative but to close your complaint, until such a time as I receive this information.

 

If you have any questions please do not hesitate to contact me.

 

Kind Regards,

Jay

 

What do I do now 

[BankFodder]

Yes they are right about the length of time. I miscalculated.

Sorry

Let's know what the garage diagnosis says today.

Meanwhile, send them a letter:

Quote

Thank you for your response. I agree that I miscalculated then that it is seven months not six months.

However, I disagree that the consumer rights act requires that I identify the actual fault. It is clear that the requirement is that the car is a satisfactory quality and remain that way for a reasonable period of time.

As the car does not work and I have had it for only about seven months, no reasonable person would expect that a car which cost £6000, would become unusable after seven months.

I hope I don't need to point out but that if it been advertised that it would last seven months before it stopped working and needed at least a £500 diagnosis before any repair, nobody would have bought it.

I think this is quite sufficient test of "satisfactory quality for a reasonable period of time".

 

 

[BankFodder]

Let me also say, that although I don't think it's necessary to identify the actual fault, it would be helpful if you did. Is there no way that you can get the car diagnosed. £500 seems an awful lot of money. Have you had a quote for this? £500 would suggest about 10 hours of work simply exploring the issue.

And incidentally when they did find the fault, you would be able to recover any money spent from the finance company

[Lil Worthy92]

Thank you bankfodder with all your help im phoning the garage in the hope they do have the report ready for me and £500 is to just strip my engine completely to find where the fault is and what it is yes every garage I have spoke to have said £500 I'm just lost 

[Lil Worthy92]

I have spoken to the garage and they think its something to do with the pressure pump but they are sending me the report via email 

[BankFodder]

Please ask them to let you know what the expected life expectancy in terms of mileage would be of the pressure pump and also the cost of replacing it.

[Lil Worthy92]

I will do have another reply from first response 

 

Hi Theresa,

 

Thanks for your email reply.

 

I understand your point, and I do sympathise with your situation, however the Consumer Rights Act requires a vehicle to be of satisfactory quality at the point of sale, and if it is not then the dealership and ourselves are quite rightly responsible to rectify the matter. Unfortunately after owning the vehicle for 6 months you will need to prove the vehicle was not of satisfactory quality at the point of sale. Part of doing this is finding out what the problem is in order to determine how long it has been present for.

 

Once we receive a report confirming what the current fault is, and how long it has bene present on the vehicle for, we can assess your Consumer Rights accurately

[BankFodder]

Quote

I'm sorry but you are quite wrong.

"Satisfactory quality" is measured according to the expectations of a reasonable person and no reasonable person would expect a car of £6000 to be of satisfactory quality on the day that was sold and then not remain that way for a reasonable period of time afterwards.

If this is the basis upon which you intend to try and avoid your statutory obligations, then you will be leading us into litigation and you will lose.

 

 

Send that

[Lil Worthy92]

This is the report from the garage I cant upload in PDF its in Docx But this is what it says 

Date: 24/06/2021
Mileage: 74837
Fault: Red Oil Pressure light on dash
Stored fault codes indicate the oil pump has failed. 
3 Faults registered in the ECU regarding low oil pressure. 
The car is not safe to drive and requires a complete strip down to get to the faulty part. Due to low oil pressure the turbo has likely failed or heavily worn. This could not be diagnosed until the oil system has full pressure again. To strip down the engine and replace the faulty pump it would take 1-2 days. It would likely need more parts replacing which would then add more time to the job. Due to the labour hours this would take it is not viable to carry out this work and it would be cheaper and more efficient to replace the engine. Or vehicle. 
This job would require an engine specialist to carry out the work as fitting a used engine would not give warranty.
Island Garage