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Renault Espace, broke after 2 weeks, want to sue in Court
claire_963
Posts: 32 Forumite
in Motoring
will post here as well as consumer advise.
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!
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!
0
Comments
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Dunno to be honest but I would get on to trading standards as well they will be interested as well.Nothing to see here, move along.0
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No service history on an 8 year old car? I don't think your going to get very far. Sorry. What sort of warranty did your dealer give you? I'm not sure of the legal meaning of 'sold as seen' - I wonder if this can technically exist with a dealer, I'd hope not meaning you'd be able to find some kind of recourse.0
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I'm pretty sure they can't get out of a sale to a private buyer under the "oh, it was a trade sale" excuse.
Also doubt that stamping something onto the receipt after the transaction is complete is legally binding either (although as said, it's probably not worth the paper it's written on anyway, due to my above point)0 -
Care to name and shame the garage in question so we can all avoid the same mistake?0
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I bought a brand new merc a few years ago, spending nearly £40K and it was a lemon despite being made to order and I got a full refund after 10 months following trading standards advice, the best advice they gave me was always pay by credit card instead of debit card to give yourself more legal rights.
I do it all the time now but theres something wrong in the world where credit trumps cash.
Bit late now I know unless you did pay by CC.0 -
I bought a brand new merc a few years ago, spending nearly £40K and it was a lemon despite being made to order and I got a full refund after 10 months following trading standards advice, the best advice they gave me was always pay by credit card instead of debit card to give yourself more legal rights.
I do it all the time now but theres something wrong in the world where credit trumps cash.
Bit late now I know unless you did pay by CC.
On this note - am I right in thinking that you're protected up to the full purchase amount even if you only place a >= £100 deposit on CC ?0
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