Car - Sorting a on going problem, legal advice required

khampson

Hello, here is the story, back in March I bought a Vauxhall Astra convertible 2003, when I bought the car from an independent dealer the roof was not working, the ecu was missing from the car, the independent dealer ordered the part through Vauxhall and he was told that the part was ordered and will be here in about a month, I bought the car from the dealer knowing the part was ordered.

After a month the independent dealer was told by Vauxhall that the part he ordered was no longer available and was on back order (the company making the part had gone bust), and now 4 months down the line I still can not use the electric roof on my car, I spoke to Vauxhall myself and was told there no plans to start making the part at the minute! So where do we go from here? Me and the independent dealer where I bought the car from have searched all over the internet and done parts request and no one can get hold of this part.

I have spoken to the dealer and I requested a refund for the car today, or swap it like for like or give me the money I paid for it against another one of his cars, now he said this was not possible and the dealer said he was not responsible as he had ordered the part and Vauxhall had taken his order and the best he probably could do was give me the trade value for the car maybe £3000 but I paid £4500 back in March and £1500 is a lot to lose in 4 months.

The dealer where I have bought the car from has said he will fix the problem as soon as he can get hold of the part (Roof ecu) but we don't know where the part will come from and when, It could be a week or it could be a year we just don't know when.

I have a child on the way now and am considering buying a bigger car but I will not be able to sell the car because the roof does not work and I will not get anywhere near the value of the car is worth if the roof was working!

So I am left with a convertible with a roof that does not work, the dealer has offered to correct it when he can get hold of the part. (When he sold the car Vauxhall did take his order) so he says it’s not his fault, I have a family on the way so what do I do here? Is it my problem, the independent dealer’s problem where I bought the car from? Or is it Vauxhall's problem? Where do we all stand legally?

Regards Keith

sirmarcus

khampson wrote: »

Hello, here is the story, back in March I bought a Vauxhall Astra convertible 2003, when I bought the car from an independent dealer the roof was not working, the ecu was missing from the car, the independent dealer ordered the part through Vauxhall and he was told that the part was ordered and will be here in about a month, I bought the car from the dealer knowing the part was ordered.

After a month the independent dealer was told by Vauxhall that the part he ordered was no longer available and was on back order (the company making the part had gone bust), and now 4 months down the line I still can not use the electric roof on my car, I spoke to Vauxhall myself and was told there no plans to start making the part at the minute! So where do we go from here? Me and the independent dealer where I bought the car from have searched all over the internet and done parts request and no one can get hold of this part.

I have spoken to the dealer and I requested a refund for the car today, or swap it like for like or give me the money I paid for it against another one of his cars, now he said this was not possible and the dealer said he was not responsible as he had ordered the part and Vauxhall had taken his order and the best he probably could do was give me the trade value for the car maybe £3000 but I paid £4500 back in March and £1500 is a lot to lose in 4 months.

The dealer where I have bought the car from has said he will fix the problem as soon as he can get hold of the part (Roof ecu) but we don't know where the part will come from and when, It could be a week or it could be a year we just don't know when.

I have a child on the way now and am considering buying a bigger car but I will not be able to sell the car because the roof does not work and I will not get anywhere near the value of the car is worth if the roof was working!

So I am left with a convertible with a roof that does not work, the dealer has offered to correct it when he can get hold of the part. (When he sold the car Vauxhall did take his order) so he says it’s not his fault, I have a family on the way so what do I do here? Is it my problem, the independent dealer’s problem where I bought the car from? Or is it Vauxhall's problem? Where do we all stand legally?

Regards Keith

Hi,

I wish that I could help but I am not an expert in this field. I'm sure that you will get some good advise on this forum but it may be worth your while emailing :

Email your queries to [EMAIL="letters@honestjohn.co.uk"]letters@honestjohn.co.uk[/EMAIL] (please include your full name, postal address and phone number). More Honest John articles.

For info, he works for the Telegraph newspaper and is very good. He is also normally fairly prompt in responding.

If you do a Google search on Honest John with the Telegraph, you will find the above wording.

Hope this helps.

4743hudsonj

The dealer is talking absolute rubbish and they are 100% responsible.

I see this as a simple case of misrepresentation at best. Ie the dealer made a statement that the roof would be fixed, leading you to enter into a contract you would not have otherwise done. And as he hasnt fulfilled his side of the contract you can probably repudiate(cancel) the contract and claiam full refund or sue for damage (ie the loss of value after selling the car).

You could also claim through The sale of goods act 1979 as even though the fault was pointed out at purchase, it was meant to be fixed. This states that any remedies should not be of significant inconvenience. Which obviously waiting for a part that may never come is hardly convenient. This would lead you to be able to sure for performance of a replacement or refund as per the SOGA.

The first sounds better though.

Either way, write a letter stating the facts and your expected outcome titled letter before action. state that they have 14 days to resolve the issue as you feel they have had enough chances and have merely denied their responsibilities. Then say if they dont resolve it you will pursue your refund and costs through the small claims court.

Send it recorded delivery and keep the POP and a copy for the court if it gets to that. Small claims is cheap (sub £150) which is reclaimable as part of your costs if you win. You can submit any claims through money claim online.

khampson

The dealer has been more than helpful to be honest and always answered when I had called him, he said that because he placed the order with Vauxhall he has not broken any laws, and has agreed he will fix it, he said at best he can give me trade value for my car (treating the roof problem as working) and not holding it against the value of the car as other would. It's a shame because I do like the car and if it could be fixed I would be happy to keep it, I am upset that I have missed all the good weather and can't see it being fixed this year and I am also worried about next summer to, it's still a big car anyway and it's big enough for a small family but I see no end to the fault in my car.

Keith

Freddie_Snowbits

To me there are two options. Seems the dealer is doing all they can, one otehr option is to source the loacl scrap merchants for the part.

4743hudsonj

khampson wrote: »

The dealer has been more than helpful to be honest and always answered when I had called him, he said that because he placed the order with Vauxhall he has not broken any laws, and has agreed he will fix it, he said at best he can give me trade value for my car (treating the roof problem as working) and not holding it against the value of the car as other would. It's a shame because I do like the car and if it could be fixed I would be happy to keep it, I am upset that I have missed all the good weather and can't see it being fixed this year and I am also worried about next summer to, it's still a big car anyway and it's big enough for a small family but I see no end to the fault in my car.

Keith

Whilst he may be helpful, which is nice, its still not his full legal requirement. Its not really good enough saying he will repair it when there are not parts to source. That means you have to move onto the next options which are replace (like for like) or refund.

Either that or freddies suggestion as i doubt the dealer sources from scrappies due to the likelihood of breakages. Maybe you could agree to source one provided he pays, fits and warrants its condition for a year or so?

khampson

We have been trying scrap yards, I have spent hours and hours ringing around and sending emails off, the best we do is get on waiting lists, the part is in such high demand, that's more than likely my roof ecu was missing when I bought the car.

Keith

4743hudsonj

khampson wrote: »

We have been trying scrap yards, I have spent hours and hours ringing around and sending emails off, the best we do is get on waiting lists, the part is in such high demand, that's more than likely my roof ecu was missing when I bought the car.

Keith

So start demanding a replacement or refund?

khampson

4743hudsonj wrote: »

So start demanding a replacement or refund?

I asked him yesterday and he said that's not an option, he said it's vauxhalls fault, he said he will give me book price for my car against another, not a chance of a refund.

Keith

4743hudsonj

khampson wrote: »

I asked him yesterday and he said that's not an option, he said it's vauxhalls fault, he said he will give me book price for my car against another, not a chance of a refund.

Keith

Thats not his choice to make. IT may be vauxhalls fault for not having parts made but its his fault for selling a car with a fault he should have known he couldnt repair. Read my first posts and write a letter before action stating the misrepresentation and that your repudiating the contract. You expect his response within 14 days or you will submit your claim to the small claims court.

Write up the letter, post it on here and ill have a read over if you want.

khampson

I have just had a conversation with him, the car roof has developed another fault! The roof has come up on the drivers side and the catch is open and will not go down manually. I spoke to the dealer about this and he said he will not repair it as the 3 month warranty has exspired, so I am left with a small gap that can let water in, the hood will not lock down, I have told him I want a refund but he said by law he does not need to give me one, he said if I go the legal route it will cost me a lot of money and take 6 to 8 months to sort and he will with draw any agreement to correct the roof fault, it just gets worse and worse, my partner is crying about it and I am totally stuck.

Keith