R&W cars, Peterborough. - faulty vehicle after only 20 miles - won't accept rejection

[Nathd91]

Hi guys,

my partner purchased a used vehicle from a small independent garage. Within 20 miles of the drive home, the vehicle had numerous warning lights appear. Immediately contacted the garage who stated it was the battery. 
 

Battery was replaced and the lights returned, more lights than before.

car was taken back to the garage, faults were wiped etc. and coincidentally returned when my partner received the car. 
 

it has now gone back to them for a second time to be repaired, which has taken 2 roughly 2 weeks so far (it is now just over 30 days since initial purchase).

as the vehicle is still not repaired and seems to be an ongoing fault, my partner requested a refund for the vehicle. 
 

they have rejected the refund with The following unprofessional response: 

“

do appreciate your frustration and I do appreciate the time it is taking for the repair, this is due to waiting times on parts to be delivered. 

 

Unfortunately due to consumer rights act you have the right to reject within the first 30 days when either the repairs fail - which they haven’t these are new faults and new issues arising on the car, or if you chose the rejection straight of the bat, in this instance you have agreed to the repairs, you have taken our courtesy car and now you want to reject unfortunately we cannot accept that rejection. 

 

The initial issue was your battery, your battery hasn’t failed, then your brought the car in because you hadn’t cleared the faults after you replaced the battery which we did, it just so happens that now a sensor has failed in the car which is a new fault not a failed repair. 

 

Mazda's in general are notorious for their sensors failing, and it just so happens you have now had 2 brand new main dealer parts put in the vehicle which means your car is now 100% fit for purpose. You have bought a 2nd hand used car, not a brand new car unfortunately things can fail and the car will need to be repaired, at least these things failed while you are still in warranty and not 6 months down the line where you would have had to pay the £400+ for the repairs out of your own pocket.”

 

where do we stand?

[dx100uk]

14 minutes ago, Nathd91 said:

at least these things failed while you are still in warranty and not 6 months down the line where you would have had to pay the £400+ for the repairs out of your own pocket.”

like everything they have said 

total absolute RUBBISH.

warranties are not worth the paper they are written on and do not REMOVE. REPLACE or WEAKEN your rights under various Consumer laws.

its immaterial the 'faults' appeared outside of 30days, you reported the car faulty within that time, - they should not have SOLD YOU THE CAR with those faults anyway. 

and you have NOT by default accepted a repair. - that didnt work!!  only allowed ONE repair anyway.. then..

you can reject the car 1000%

name and shame

dx

[Nathd91]

R&W cars, Peterborough. Happy to name and shame! 

Used cars for sale in Peterborough & Cambridgeshire: R&W Cars

WWW.RANDWCARS.CO.UK

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Used cars for sale in Peterborough & Cambridgeshire: R&W Cars: Competitive finance deals, part exchanges welcome, call now!

thank you

[BankFodder]

Have you send them a written note of your rejection?

[Nathd91]

They required a written notice via email, to which we sent. The response to the written notice from the company was stated in first post.

[BankFodder]

R & W Cars, Peterborough | Car Dealer Reviews

WWW.CARDEALERREVIEWS.CO.UK

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Read 14 customer reviews for R & W Cars in Peterborough, sellers of new and used cars, with an average rating of 2.5/5 stars. Read more or write a...

 

 

How did you pay? Do you pay by cash or bank transfer or did you obtain a loan or pay by credit card et cetera?

[Nathd91]

By bank transfer - They were not willing to allow debit or credit card, I’m guessing they don’t allow credit card otherwise they would have to dispute with the credit card company for the faulty car! 

[BankFodder]

Have you read our used car guide and see what we have to say about paying by bank transfer and about how you should walk away when a dealer insists on this?

[Nathd91]

I had not! I had only used the forum previously for parking fines. I wish I had read prior to this incident.

[BankFodder]

Please can you tell something about the car, make model mileage et cetera. Also, you haven't told us how much you paid.

Did it come with a new MOT or a very recent MOT?

[Nathd91]

The car is a Mazda CX5 2016, 60k miles and came with a new MOT

£12,300

[BankFodder]

I did ask how much you paid and you haven't addressed this question.

Who issued the MOT? Was it by the dealer or somebody very close? Please name them here

[Nathd91]

£12,300

from MOT history it states the most recent MOT was at: 

ROBINSONS GARAGE (UK) LTD
212 LONDON ROAD
PETERBOROUGH
PE2 9DU

 

which is approximately 3 miles from R&W cars

[BankFodder]

Okay thanks.

A slight difficulty here is that if you have to claim form them and you want the full value then you will exceed the small claims court £10,000 limit.

This means if you lost the case – which is almost impossible on the basis of what you say, you would have to pay the other side's costs including legal representation if they got a solicitor.
If you are suing for less than £10,000 then even if you lost you would have to pay very little indeed. You would probably only be saddled with your own costs Which might be about 800 quid.

I think it is very important to keep your claim down to less than £10,000 and the only way I can see to manage this is to keep the car, have it repaired by someone else – a reputable repairer and then sue for the cost of repairs.

Do you like the car well enough to want to keep it? Assuming it was all properly repaired?

[BankFodder]

And not only for your benefit – but for the benefit of anybody else who comes here, by agreeing to pay by bank transfer you gave away a huge number of rights which would have made things much easier.
This was a very costly error for you. It you had used a car loan or a credit card payment – even if you had the cash and repaid the credit card straightaway then you could have held the finance company or the credit card issuer responsible and you wouldn't have had to deal with these cowboys who were just trying to rip you off.

You seem to be saying that you were already aware of this forum. It's a shame that you didn't read around and do some research before you started spending this kind of money. We cover a wide range of subjects and we give lots of advice and it's all free.

[dx100uk]

just type no need to keep hitting quote....

 

dx

 

[Nathd91]

UPDATE -

well finally they agreed to offer a refund, the V5 and keys have been dropped of to them. 
 

the car was paid for by bank transfer, however they state it takes 14 days for a refund which seems To be a bit of a joke as no finance was used etc. 

 

what makes it worse, is the car is back on the website for sale, so I am waiting for a refund for my car which is now being advertised on their website. 
 

Is this legal? 
 

Embarrassment of a company too, manager wouldn’t even come and speak to me when I returned the keys and V5!

[BankFodder]

It sounds like a good result so a tentative well done.

However, they have the car and they have your money.

Let ask know when you get paid.

Have you got pictures of the car with registration number et cetera? Maybe you would like to post them up here

[Nathd91]

Thank you, they were adamant the faults were new and differed from The original issue. They weren’t very smart with their response and seemed to completely contradict their own answers - which led to them giving up the fight! 
 

I just wasn’t sure if they can legally advertise the car for sale whilst the V5 is still in my ownership (if they haven’t already transferred it to trade) and whilst they haven’t paid me for the vehicle! 
 

the car in question: 

2016 Mazda Cx-5 D Sport Nav £12,390

WWW.RANDWCARS.CO.UK

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2016 Mazda Cx-5 D Sport Nav, Manual, In White. PARKING SENSORS - FRONT/REAR.

 

[BankFodder]

But if you don't get paid then you should log it as a stolen car