Quality Cars and Commercials Ltd - faulty vehicle and unfair deductions

[Biltong3]

I purchased a car from Quality Cars and Commercials Ltd at the end of March (2nd hand car, seen online and video, dealership in Birmingham and I'm in Kent). 
The day after delivery we noticed a whitish smoke from the exhaust. A few days later we realised there was no oil. There was also no recent MOT certificate in the paperwork supplied. Informed the salesman and he said the smoke was normal, just keep running the engine.  No oil he would look into. MOT certificate he would send. 
The problem got worse, oil kept disappearing and never received the MOT certificate. 
The salesman said we would need to do a diagnostic. 
Contacted a local garage who advised the diagnostic could not be done as there were no warning lights so there would be no results. 
Relayed this to salesman and he stopped responding to calls and messages.
The car was parked off.
I was having late pregnancy complications and missed the 30 days.
Drove the car once in an emergency (I was in labour) and the warning light came on enroute to hospital. 
Did the diagnostic when I got back home. The technician said the cylinder had gone and oil was burning through. This would have been evident if the car was checked before the sale.
The salesman said I must send the car to Birmingham for a check or reject. I rejected after the 30 days.
After months of back and forth, he agreed to refund but I had to agree to pay half the collection charge of  £150. The car was collected on 8th July.
The next day the owner then claims deductions:
-£150 delivery charge (from when I purchased the car. The car was £2799 and delivery was quoted £300, which the salesman knocked off on negotiation. Invoice also states 2799, nothing about delivery charge.)
-210 wear and tear.
-150 collection (this is what I agreed to for the car to be collected)

Wear/tear and delivery were never mentioned prior to collection. 

Can anyone advise if the wear and tear and delivery charges are valid? 

Does anyone have a template I can use to fight these claims?
Or any consumer protection solicitor recommendations to send a letter for me?

I'm sleep deprived and run down, just struggling to get this sorted. 

Any help/advice greatly appreciated.

[Biltong3]

Hi apologies, happy to try this myself. 

 

He is offering £2289.

Car cost of 2799 less 510 deductions.

It is a Mazda5, 2009, mileage 96107.

I paid by debit card. 

Trader is Quality Cars and Commercials Ltd, Birmingham B33 0SJ.

 

Used Cars Birmingham, West MIdlands | Quality Cars & Commercials Ltd

WWW.QUALITYCARSANDCOMMERCIALS.CO.UK

---

Buy a quality used car from Quality Cars & Commercials Ltd. Visit our showroom based in Birmingham, West MIdlands or give one of our knowledgeable staff a call today on 0121 603 6634.

 

Online advert and he sent a video.

 

 

He said the MOT was done and was advertised as done, and he would send me the copy of the certificate. My partner said I wouldn't have been able to do the insurance if it wasn't done... now I'm not sure if that's correct. 

 

Yes they have the money and car.

 

Thank you 

[Biltong3]

Hi, I did ask for the certificate as thought there would be some information about the white smoke... he said there wouldn't be and promised to send it. He never did. 

 

So I have rejected the car in May, after the diagnostic was done. He asked that I send the car back or reject, there was never an offer to repair.    I've not worded the rejection with the consumer rights act, should I send another rejection now even though the car has been collected?

 

In June he agreed to refund, only if I would pay half the collection cost. I agreed to that only as it was faster to get a refund. 

 

After he's collected the car he then told me about the delivery and wear/tear deductions.  He's not mentioned this in anytime prior.

 

The fault was present from delivery, and I was advised to run the engine.  When the problem got worse the car was parked off.

Is his claim for wear/tear valid?

 

And the delivery charge, it was free delivery as negotiated and as per invoice.  Can he still deduct this?

 

Many thanks 

[Biltong3]

Hi thank you for all the responses. 

I will draft a letter tomorrow as my partner is off work, currently have 3 little ones with colds to see to.

Will update ASAP.

[Biltong3]

Hi thanks I understand.  Have some free time now and just looking through.

 

Just to clarify, I don't want a repair on the vehicle now.  He only said sent it back to Birmingham or reject.

 

Should the letter state consumer rights act and misrepresentation? That I just want a refund?

 

We agreed a refund and the car was collected so don't want him offering a repair now.

 

I'll check the MOT status, just don't have the log book as it was sent with the car last month. I could try and contact dvla and see if they can give me the v5 reference so I can get the full mot certificate. 

[Biltong3]

I'm trying to make sense of this...so I did reject the car in May and now I'm sending him a letter rejecting the car again (with consumer act wording) and giving him the option to repair or refund. Is this correct?

Yes I know its my fault in not chasing for the MOT certificate and keeping a copy of the log book, definitely should have done. 

I did come here for advice and am following, just trying to get this right. 

 

[Biltong3]

ok thank you.

 

is this okay? Too wordy? Do I need to put a subject title on it?

Dear XXXXXX,

 

I bought the vehicle, Mazda5 (REGISTRATION) from you on 20th March 2021.

 

On delivery vehicle had a smoke emission and oil issue which I informed you about.

The MOT certificate was not supplied with the vehicle and requests for the certificate were ignored.

 

The problems escalated over a short time and the car was not fit for purpose.

 

I wish to confirm that I am asserting my rights under the Consumer Rights Act 2015 as there was a problem with the vehicle when I bought it.

 

I request that you repair the vehicle at no cost to me or provide a full refund.

 

Please respond within 7 days of receiving this letter.

 

Yours sincerely

[Biltong3]

Ok will send this and update. 

Thank you 

[Biltong3]

One more thing, I did ask him for a deadlock letter but he's not replied since.

I was advised by CAB to ask for one.

 

This doesn't matter as I'm sending this letter, is that correct?

[Biltong3]

Yes CAB said get the deadlock letter then find an alternative dispute resolution which I find odd as the trader needs to be part of an ADR scheme or affiliated to any Ombudsman. That's where I've been stuck all these weeks.

 

Ok just wanted to double check that doesn't affect anything.  He's not sent one or replied anyway. 

[Biltong3]

I've got the MOT history.  Wanted the V5 reference to get the full certificate of the last MOT.

Thank you 

[Biltong3]

Hi @BankFodder

He has replied below. I'm assuming he wants to refund the amount minus deductions.....

 

MXXXXXX

 

I upstand my acceptance of the rejection under condition previously expressed. If you provide me with bank details I can process payment as soon as tomorrow.

 

Thanks

KXXXX

[Biltong3]

This was sent on 16th May 2021 and he accepted the rejection on a voluntary basis. 

 

Quote

 

Dear CXXXXX,

 

As per our emails and calls of the notice of fault for the vehicle XXXXXX, please find attached the diagnostic information requested. This is also a formal rejection of the vehicle.

 

As per the timeline of the WhatsApp messages and calls, we have informed you of the oil issue and smoke emission from the delivery of the vehicle.

This has caused us great concern but we have followed your advice of keeping an eye on it and updating you.

After we informed you of the issue escalating and you advised the diagnostic check, AXXX has called and messaged and been ignored.  

 

You were aware I was due to give birth and having a fully functioning vehicle during this time was of the utmost importance to us.

I have been having complications with my pregnancy and after numerous attempts of getting a response from you, I have had to send a formal email complaint.  Again this has just been going in circles and no actual solution or response to what was asked was ever given.

As the garage advised they could not do a diagnostic without a warning light on, we have been stuck.

 

On Tuesday 11th May at 3am, we had no choice but to drive to the hospital and enroute the check engine warning light came on.  This was a 15min drive at low speed to ensure we reached as the vehicle also started jerking.  I gave birth that morning and Antonio did the same low speed drive back home and the car has been parked since and as previously stated.

Again we have had to depend on taxis through this time.

 

The diagnostic was booked and done once I was home, I find it odd that the consultant does not give us a report only a verbal assessment which I have added.  He allowed AXXXXXX to take pictures of his diagnostic equipment.

 

We are not mechanics or know much about engines, we have been dependant on your guidance on this matter and have found it lacking.  I feel our concerns have been dismissed and ignored, any advice or guidance on the diagnostic completely ignored.

From what I have found online verified what the initial garage stated, without a warning light the diagnostic would not be done. And the diagnostic does not provide a detailed description of the fault, the consultant can only provide a verbal assessment on the oil/smoke which is what he has done.

 

I feel that your delays on responding to us and ignoring the issue has caused us undue stress and financial strain which could have been absolutely avoided.  The vehicle should have been checked thoroughly before being sold and in light of any issues should have been dealt with promptly.  

Should you have advised a diagnostic check immediately when we informed you of the issues, I could have made a decision to get one done and/or return the vehicle and made alternative arrangements well before my due date.  Instead, we had your promises of a response or were just ignored which caused further delays.

I have also had to explain why I was disappointed with your lack of courtesy and communication, and again there was never any apology or follow up to this.

 

I now have months of hospital trips with the baby and making travel arrangements for my family ahead of me.

 

I cannot have a vehicle that has an unknown fault or requires extensive repair.  And I definitely cannot risk having the car breakdown or worse while trying to travel with my family.  As much as you say there would not be a major problem from this, I cannot accept that.

 

Please arrange a full refund and a collection of the vehicle immediately.  As stated, I have contacted my bank and the Motoring Ombudsman on this matter.  I will also be submitting to MCOL, the Governments online court should I need to.

 

I await your response, regards

 

MXXXXX

 

 

 

[Biltong3]

Oh apologies I misunderstood!

 

So his first response on 29th May was:

Good afternoon 

I Understand you want to reject your purchased vehicle based on it's faults. 

Please return the vehicle to get a refund. 

Thank you 
CXXX

 

Then he sent this email on 7th June:

MXXXXX

 

Thanks for your email. Since we have learned in the course of last few months that you are and have been using the car that apparently takes oil but there isn’t anything wrong with it or there isn’t anything that could be identified in the report that we have requested to support your rejection.

 

We are voluntarily accepting your rejection, and with provision of lack of evidence of faults, the matter of bringing the car back to us lies in your, should you with to proceed with this option.

 

Saying that you are unable to return the car, we do also appreciate, however there are companies that provide transportation services and it is down to you to find means to return the vehicle.

 

Upon return vehicle will be assessed, whether there is no damage (physical) and whether car is in the state as when you have purchased it, meaning it has to be clean and fresh.

 

Thanks

KXXXX

 

 

After this he finally quoted £300 collection charge and we would each pay half, which I agreed to.  There was never any discussion of any other charges prior to collection. 

 

Note on oil, we put in 9 litres over 4 weeks.

[Biltong3]

The diagnostic technician didn't give a written report, he just did the diagnostic and gave a verbal assessment that there is a serious problem. 

 

His email once he checked the car, log book was posted the same day:

MXXX

 

To summarize, you have purchased the car for £2799 inclusive in £150 delivery charge to you at the time of purchase. Recovery cost of £300 we have agreed to split the cost between the parties what gives us £150 each to pay. You have travelled just over 600 miles what is calculated as wear and tear at the rate of 35p per mile.

 

This comes up to £2799- less £150 delivery, £150 collection and wear and tear £210 (600x 35p).

 

Total refund figure is £2289.

 

Can you please provide bank details for the transfer?

 

Finally, please note that until I will receive the log book (full copy) I will deduct £100 off the final refund amount. Once log book is received the £100 will be released immediately.

 

Thanks

KXXXX

@BankFodder I did reply an hour ago but seems like it didn't post. I've submitted again.

[Biltong3]

My partner spoke to the technician and asked him for a written report and he said it is not what they do (Halfords diagnostic done on 15th May) I can call Halfords and see if they can provide one.

 

He didn't mention he needed the log book until the car was collected by the courier.  I posted it the same day.

[Biltong3]

Halfords diagnostic was £25, I booked online for a home visit. 

Car was collected on 8th July, log book was posted the same day, I just sent it first class. 

He asked for the log book just after the car was picked up.

I rejected the vehicle on 16th May 2021 by email.

He offered partial refund on 9th July 2021 once he had received and checked the vehicle.

 

[Biltong3]

Diagnostic was done on 15th May 2021.

Yes he asked by email. 

[Biltong3]

Ok ill try Halfords tomorrow. 

Yes I've got email confirmation of the booking and paid by debit card. 

Will update once I find out.

Thank you 

[Biltong3]

Hi spoke to Halfords on Monday and chased up again. They are awaiting a response from the hub regarding a report.  

I've put in an official complaint so should hear back today.

Will update as soon as I have news.

[Biltong3]

Just had a call from Halfords, they can't do a report so are refunding the charge for the diagnostic.  Even though I said I need the report they offered another diagnostic or refund.

[Biltong3]

Hi yes the technician should have given one, he's left since. We have the receipts for the diagnostic and an auto confirmation that it was completed.  Technician didn't create a report so no paperwork for it which is why they can only refund. 

[Biltong3]

My partner booked the diagnostic and they called and spoke to him yesterday. 

I'll send the letters out this weekend. 

Thank you

[Biltong3]

I've just spoken to my partner and he says Halfords has refunded the money as he accepted it when they called.... this completely messes things up.

Is there any point in sending them the SAR?

[Biltong3]

Ok will send it. I've tried the link and can't find the template for SAR.

The dealer didn't send a result of the investigation. He only emailed to say he had received the car.

My partner bought and filled the oil. He has receipts.