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Renault Espace, broke after 2 weeks, want to sue in Court
claire_963
Posts: 32 Forumite
Hi all, hope someone can give me some further advice!
We purchased an 02 plate Renault Espace on the 8th January 2010 from a Dealer (car was part ex). Went to have a look at the car (advertised at a low price of £1995). Car was having misfire problems when they drove it to the forecourt to show us, but stated that it is a Coil pack problem and would be fixed if we purchased. Car was exactly what we wanted. They stated that the Coil pack would be fixed and that they recommend having the Cam belt done as it has no service history (had tax and MOT though). Paid deposit and also paid for a full service/Cam belt to be done as well. When picked up the car a week later paid full balance, and then they stamped the reciept 'This vehicle is not meant for road use and is sold for parts only!' I asked what the stamp was and they stated that they always put this on part ex cars. Was surprised but did not think anything of it as they seemed a genuine garage (were very helpful). Drove the car home and OK for 2 weeks. Found a leak in the wheel arch, bit unsure what it was, took it to a garage, who stated that the Headgasket had gone, as well as a water pump failure - cost £900 plus VAT. Spoke to the dealer, and they said, not there problem they can fix it but will cost over £1000.
Then looked into the Sales of Goods Act a little further and found out that really they should be fixing as the car is not fit for purpose. We definately could not drive the vehicle like this.
Sent the Dealer a letter, they replied back that it is not there problem, car was sold for parts only as stamped as we knew that? They also stated that we chose to drive the car with a water pump failure that resulted in the Head gasket going, but how would we know that the water pump has failed? you cant see it hear it and I could not tell you where it is! The garage then stated that they would give us £200 as a 'Gesture of Goodwill' towards the cost.
We then found a mechanic who would fix it for £700, and he took the car, he stated would take a while as he was backed up with other jobs. We had no car for 4 weeks. We accepted the £200 from the dealer (just a cheque in the post and a comp slip) towards the costs. We spoke to Trading standards as they took an interest
in the case, and stated (after looking into our problems) that they are not allowed to stamp a reciept with the above, and then allow us to drive the car home; and that they also gave it a full service and replaced the Cam belt. So the Dealer has no standing in this respect.
Got the vehicle back, however the Mechanic stated that there are so many problems with the engine (wrong bits fitted) that we should try and get our money back. He then stated that the Heater Matrix was broke, engine manifold was gone, and that the Driveshaft dropped out as well. He basically said the car was a lemon. So we have a car that can't be trusted. We only got the car back last week and have only probably had it to drive for about 3 weeks.
We sent a letter to the Dealer stating that under the Sales of Goods Act we want them to pick the car up, refund our money and refund our costs. The car is not fit for purpose. Had a reply back today stating that the car was sold as parts only and not for road use, that we knew the car had problems when we bought it basically tough luck.
We know want to take this to court and get our money back, but I am unsure how to word it on the N1 documents. Wife is contacting CAB on Tuesday for further advice. I knew the garage was never just going to give us our money back, but they clearly have lied. What they forget is, that I have 3 print outs of different adverts they placed for the vehicle, one of them from Autotrader (who kindly sent me another copy) and on every advert it states car is mechanically fine and safe to drive, and nowhere does it state that the car is sold for parts only. I have not advised the Dealer that I still have these adverts.
Any advice would be greatly greatly appreciated. I can also put on copies of the correspondance between us and the Dealer!
Look forward to any help!
We purchased an 02 plate Renault Espace on the 8th January 2010 from a Dealer (car was part ex). Went to have a look at the car (advertised at a low price of £1995). Car was having misfire problems when they drove it to the forecourt to show us, but stated that it is a Coil pack problem and would be fixed if we purchased. Car was exactly what we wanted. They stated that the Coil pack would be fixed and that they recommend having the Cam belt done as it has no service history (had tax and MOT though). Paid deposit and also paid for a full service/Cam belt to be done as well. When picked up the car a week later paid full balance, and then they stamped the reciept 'This vehicle is not meant for road use and is sold for parts only!' I asked what the stamp was and they stated that they always put this on part ex cars. Was surprised but did not think anything of it as they seemed a genuine garage (were very helpful). Drove the car home and OK for 2 weeks. Found a leak in the wheel arch, bit unsure what it was, took it to a garage, who stated that the Headgasket had gone, as well as a water pump failure - cost £900 plus VAT. Spoke to the dealer, and they said, not there problem they can fix it but will cost over £1000.
Then looked into the Sales of Goods Act a little further and found out that really they should be fixing as the car is not fit for purpose. We definately could not drive the vehicle like this.
Sent the Dealer a letter, they replied back that it is not there problem, car was sold for parts only as stamped as we knew that? They also stated that we chose to drive the car with a water pump failure that resulted in the Head gasket going, but how would we know that the water pump has failed? you cant see it hear it and I could not tell you where it is! The garage then stated that they would give us £200 as a 'Gesture of Goodwill' towards the cost.
We then found a mechanic who would fix it for £700, and he took the car, he stated would take a while as he was backed up with other jobs. We had no car for 4 weeks. We accepted the £200 from the dealer (just a cheque in the post and a comp slip) towards the costs. We spoke to Trading standards as they took an interest
in the case, and stated (after looking into our problems) that they are not allowed to stamp a reciept with the above, and then allow us to drive the car home; and that they also gave it a full service and replaced the Cam belt. So the Dealer has no standing in this respect.Got the vehicle back, however the Mechanic stated that there are so many problems with the engine (wrong bits fitted) that we should try and get our money back. He then stated that the Heater Matrix was broke, engine manifold was gone, and that the Driveshaft dropped out as well. He basically said the car was a lemon. So we have a car that can't be trusted. We only got the car back last week and have only probably had it to drive for about 3 weeks.
We sent a letter to the Dealer stating that under the Sales of Goods Act we want them to pick the car up, refund our money and refund our costs. The car is not fit for purpose. Had a reply back today stating that the car was sold as parts only and not for road use, that we knew the car had problems when we bought it basically tough luck.
We know want to take this to court and get our money back, but I am unsure how to word it on the N1 documents. Wife is contacting CAB on Tuesday for further advice. I knew the garage was never just going to give us our money back, but they clearly have lied. What they forget is, that I have 3 print outs of different adverts they placed for the vehicle, one of them from Autotrader (who kindly sent me another copy) and on every advert it states car is mechanically fine and safe to drive, and nowhere does it state that the car is sold for parts only. I have not advised the Dealer that I still have these adverts.
Any advice would be greatly greatly appreciated. I can also put on copies of the correspondance between us and the Dealer!
Look forward to any help!
0
Comments
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It looks like youve taken reasonable steps and have a very strong case
The one thing you need to do is write a letter before action (sent by recorded devilry so you have signature proof) Explaining the issue again in full, the advice from TS, the law (SOGA) your argument (the ad's etc, and what you want as a resolution. Then state that if this is not met within 10 days you will issue the n1 form for small claims action.
Issue this and if you get nowhere you will be in the perfect position for a court case.
Templates for this letter can be taken from the consumer direct site.
Good luck
P.S. The most important thing of all is to tell us what happens!Back by no demand whatsoever.0 -
I think you should contact your local Trading Standards about this lot. TBH I think you've been very naive, you bought a car with no service history whatsoever, that clearly was having a few problems from the outset and still took it despite the issue with the receipt and "sold for parts only" stamp. You should have walked away the first opportunity you got.0
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I think you should contact your local Trading Standards about this lot. TBH I think you've been very naive, you bought a car with no service history whatsoever, that clearly was having a few problems from the outset and still took it despite the issue with the receipt and "sold for parts only" stamp. You should have walked away the first opportunity you got.
I agree with this, a bit of common sense has gone amiss but this aside, the op still has a very good case.
these things happenBack by no demand whatsoever.0 -
Yep all in hindsight! There was another family looking after us, (that he called to tell it was sold whilst we were there) very few cars on the market, and no mention of being sold for parts only, until after they took a large deposit of £500.
Really must invest in a better crystal ball!!:D
We have called Consumer direct, but they are like a bunch of monkeys reading from scripts. Trading standards from the area of the garage then called us to say that they were investigating, but only for themselves, not on our behalf - iykwim. They have said that the stamp is invalid as they allowed you to drive the car away. We dont have a trading standards in our area that would help us with our case as our council dont pay into it.
We thought we were being good car owners to have a full service and new cam belt, as reccomended by the garage, ts also said this invalides the stamp as why would you have a full service on a car for parts only?0 -
claire_963 wrote: »There was another family looking after us, (that he called to tell it was sold whilst we were there)
Sorry to say but you were really a bit naive, that is one of the oldest tricks in the book to try and make you think someone else was after it if you did not cough up there and then.0 -
consumer direct has good info for letters, templates and the likes but yes they do give rather basic advice other than thatBack by no demand whatsoever.0
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Who's Sue?0
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Hindsight is a wonderful thing but I can understand how you might be pushed into purchasing even with that little stamp on your receipt.
I assume you don't wish to name the dealer although sometimes publicity can help your case without recourse to the courts and sometimes some dealers just dont care either way!
I agree with others you have already reported them to trading standards now you need to consider court action. Very easy and judges are understanding and quite human, well in the lower courts they are ;-)"The whole problem with the world is that fools and fanatics are always so certain of themselves, but wiser people so full of doubts."
Bertrand Russell. British author, mathematician, & philosopher (1872 - 1970)0 -
Sorry to say but you were really a bit naive, that is one of the oldest tricks in the book to try and make you think someone else was after it if you did not cough up there and then.
Yes we prob were, however that doesnt get the issue fixed. the bottom line is that the car is advertised as "mechanicall very good" when clearly it was not!0 -
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