Unknowlingly bought unroadworthy vehicle from Dealer
Comments
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when I'm sending SMS messages as they're apparently "not coming through properly".
Borrow a phone or get a different SIM for yours then send them a text enquiring about another vehicle they have advertised and ask if it's still for sale.
When/if they reply to that text, send them another from the same number one saying that now you know that the messages are coming through to them, would they now be able to address your problem.0 -
Where you live is of no concern of the seller.Indeed I do.
But you drove the vehicle 200+ miles from the seller's premises. You now allege that the problems existed at that time and yet you survived the journey.The only way to allow them to inspect the car was via a ~£250 haulage fee.
Did you buy the vehicle as a trader? If you bought as a consumer then you have a consumer's rights.They have been just saying "trade sale not our problem" and similarly unhelpful things.
But you need reports stating that the problems are due to inherent faults. An inherent fault is one that was present at the time of the sale but not necessarily apparent at that time.I have reports from two separate garages stating faults that existed.
I am not sure the CAB are right to imply that the seller must cover the cost of returning the vehicle.I have recently spoken to CAB who have suggested that I should bear no financial burden for a car sold to me that was not fit for purpose - they've also suggested that within the first 6 months or so it is down to the garage to prove that the car was roadworthy when it left their premises.
If the seller had delivered the car to you at your house, then yes, I would say the seller should cover the cost retrieving the vehicle.
What the CAB have said about six months is correct, but you haven't given the seller the opportunity to provide that proof - you've had the thing repaired.
What did the CAB suggest you do?
Perhaps you should give the CAB an opportunity to reconsider their advice now that you have had the vehicle repaired.
Surely how they prepare their vehicles for sale is their business.I have asked them if they inspected the vehicle at all before selling it but they continually won't answer that question.
For example, perhaps another company inspects their vehicles, in which case a 'no' answer to your question would be perfectly acceptable.
You have an address. Write a real letter.They're continuing to not provide me with suitable contact details yet being very rude when I'm sending SMS messages as they're apparently "not coming through properly".0 -
Where you live is of no concern of the seller.
But you drove the vehicle 200+ miles from the seller's premises. You now allege that the problems existed at that time and yet you survived the journey.
Did you buy the vehicle as a trader? If you bought as a consumer then you have a consumer's rights.
But you need reports stating that the problems are due to inherent faults. An inherent fault is one that was present at the time of the sale but not necessarily apparent at that time.
I am not sure the CAB are right to imply that the seller must cover the cost of returning the vehicle.
If the seller had delivered the car to you at your house, then yes, I would say the seller should cover the cost retrieving the vehicle.
What the CAB have said about six months is correct, but you haven't given the seller the opportunity to provide that proof - you've had the thing repaired.
What did the CAB suggest you do?
Perhaps you should give the CAB an opportunity to reconsider their advice now that you have had the vehicle repaired.
Surely how they prepare their vehicles for sale is their business.
For example, perhaps another company inspects their vehicles, in which case a 'no' answer to your question would be perfectly acceptable.
You have an address. Write a real letter.
Thanks for the reply. I know that my address is of no concern to the seller, however had they sold me a car without these faults I'd not need to get it back to them!
I bought it as a consumer, and yes I drove it home. I don't understand your point. Why should I drive it back to them in the state it was in? The difference was that I was now aware of the faults and would knowingly be driving it unroadworthy, which I did not want to do and was already thankful that nothing had gone wrong on the drive back.
Faults wise, in the mechanics professional opinion, these problems would not all just manifest on a motorway journey home and a few local miles. He said wishbone bushings don't suddenly fail and the shock leak was quite significant, the tyre tread was down well in to the threads along the tiniest band on the far inner edge. Even in the unlikely even the tyres wore down that fast, the wishbone issue must at least have existed...
My requests to have the car inspected locally and a report given to the dealer was denied. They insisted it came to them. CAB said that they should offer cost effective options if getting the car back would cause financial burden to the consumer. Instead the just sent childish unhelpful messages back like "oh great then that money you haggled off the car would cover that nicely then well done".
They can prepare their vehicles however they want as long as they sell them roadworthy. If they don't inspect them themselves and use someone else, they could just say that rather than ignoring the question.
I sent a lot of messages to them asking for help and options and suggestions as to how we could come to a compromise etc etc and they simply either ignored them or sent messages like the above.
Given that time was of the essence, as I was stuck with a car that I knew not to be safe to drive, certainly for no real distance, contact by post wasn't an option at that time. Of course, I think I'll be sending them a letter now to the effect of detailing all the problems, with the reports, and a request for reimbursement in order to make the car safe to drive and "fit for purpose".
I'd rather it wasn't so, but I didn't buy this car advertised the way it was from a dealership to have to immediately spend £350 to make it safe/legal/roadworthy.
Just the fact that they seem to think (from their messages) that just flogging it with a ticket that says 6 months MOT on it just shows that they probably haven't even bothered to give it a once over on the ramp.0 -
shaun_from_Africa wrote: »Borrow a phone or get a different SIM for yours then send them a text enquiring about another vehicle they have advertised and ask if it's still for sale.
When/if they reply to that text, send them another from the same number one saying that now you know that the messages are coming through to them, would they now be able to address your problem.
They do reply. They just keep being rude and complaining about it and not answering the questions I ask.0 -
Once again...
Their suggestion is that because the dealer would not cooperate in regards to costs of returning the vehicle and the fact that the burden of proof (in regards to whether a fault existed at the time of sale) lies with them for the first 6 months, then I should ask the dealer to pay up.
The fact I had the vehicle repaired was because time was of the essence and it was relatively cost effective to do so compared to a transport lorry.
The fault is confirmed by an independent report. They also have stated that under the Right to Reject, the dealer has the responsibility of getting the car back, I only have to make it available for collection, which I did.
So they haven't really changed their stance, but the dealer simply isn't having any of it.0 -
Ok, thanks.Their suggestion is that because the dealer would not cooperate in regards to costs of returning the vehicle and the fact that the burden of proof (in regards to whether a fault existed at the time of sale) lies with them for the first 6 months, then I should ask the dealer to pay up.
The fact I had the vehicle repaired was because time was of the essence and it was relatively cost effective to do so compared to a transport lorry.
The fault is confirmed by an independent report. They also have stated that under the Right to Reject, the dealer has the responsibility of getting the car back, I only have to make it available for collection, which I did.
So they haven't really changed their stance, but the dealer simply isn't having any of it.
Looks like the only option left is to take them to court.
Maybe start by reading MSE's Small Claims Court guide.0 -
Before you start that court action, perhaps you should read Section 20 of The Consumer Rights Act.
In there you will see:
That tells me quite clearly that you, the consumer, are responsible for the cost of returning the 'goods in person to the place where the consumer took physical possession of them'.(8) Whether or not the consumer has a duty to return the rejected goods, the trader must bear any reasonable costs of returning them, other than any costs incurred by the consumer in returning the goods in person to the place where the consumer took physical possession of them.
The CAB are wrong to have told you otherwise.0 -
Before you start that court action, perhaps you should read Section 20 of The Consumer Rights Act.
In there you will see:
That tells me quite clearly that you, the consumer, are responsible for the cost of returning the 'goods in person to the place where the consumer took physical possession of them'.
The CAB are wrong to have told you otherwise.
In the accompanying explanatory notes:111.Subsection (8) clarifies that any reasonable costs of returning rejected goods to the trader (except where the consumer returns the goods in person to where they obtained physical possession of them) is to be borne by the trader. This includes the trader paying postal costs. This applies whether or not the consumer has agreed to return the goods, as mentioned in subsection (7).
112.Subsection (8) does not prevent a consumer from pursuing a damages claim. For example, a consumer might wish to do so in circumstances where returning the goods to the place that the consumer obtained physical possession of them does incur quite substantial costs for the consumer.You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride0 -
Thanks both. Very useful information!0
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