Section 75 - Used Car dealer is a toe-rag

chewonit

Hiya,

I had a call from the CC company this morning to tell me my claim had been refused. Upon questioning they could give me no real reason as to why, so in thinking they are saying no in the hope i might just go away. after all they are not likley to roll over to the tune of £9K without putting up a fight first?

Reading Martin Lewis's tips on what to do next, he recommends a strongly worded letter to them. I have written this but feel it might not be strong enough.

So i want to reach out to see if there is anyone with experience of writing this kind of letter, and who would not mind having a look through my letter with a view to offering some direction / input.

Many thanks

martin

ess0two

fart wrote: »

I don't understand why you would pay for and take a car with the 'verbal agreement' that you'd bring it back later to have minor repair jobs done? You should have agreed a reduction on the price to compensate for the work or negotiated some sort of refundable deposit and then agreed to have the work done before full purchase of the car, taking back the deposit if it wasn't done.

The other stuff should come under warranty, but you'll never get the dealer to complete these original jobs when he's only told you verbally he'd do it.

Precisely,personally I would have agreed a deal and paid / collect the car when the faults etc had been sorted.

As soon as you've drove off word of mouth promises are long gone.

chewonit

ess0two wrote: »

Precisely,personally I would have agreed a deal and paid / collect the car when the faults etc had been sorted.

As soon as you've drove off word of mouth promises are long gone.

Perhaps if you read the post you will realize most of the faults developed after the car was purchased....

Just to clarify this is the list of faults that developed after the car was brought, and are the reason im making a claim - the dealer refuses to help or answer any letters.


• Rattling noise in steering column (steering issue)
• Louder rattling noises from behind the dashboard (nuts and bolts rolling around)
• Seatbelt warning light – warning of two seatbelt fault’s
• Handbrake warning lights – fault

fart

chewonit wrote: »

Perhaps if you read the post you will realize most of the faults developed after the car was purchased....

Just to clarify this is the list of faults that developed after the car was brought, and are the reason im making a claim - the dealer refuses to help or answer any letters.


• Rattling noise in steering column (steering issue)
• Louder rattling noises from behind the dashboard (nuts and bolts rolling around)
• Seatbelt warning light – warning of two seatbelt fault’s
• Handbrake warning lights – fault

Most of them are not dangerous. Only you have a copy of your warranty and anything you signed with the dealer. Read them and see what you're entitled to.

Also, as an aside, i had a heated debate with someone about using credit cards when you can afford to pay for stuff. The 'buyer protection' nonsense was bandied about by him. This thread is an example of why that is nonsense.

Next time, buy a cheaper car. You can get one brand new for the price you paid.

chewonit

fart wrote: »

Most of them are not dangerous. Only you have a copy of your warranty and anything you signed with the dealer. Read them and see what you're entitled to.

Also, as an aside, i had a heated debate with someone about using credit cards when you can afford to pay for stuff. The 'buyer protection' nonsense was bandied about by him. This thread is an example of why that is nonsense.

Next time, buy a cheaper car. You can get one brand new for the price you paid.

Let me pick up on a couple of points.

How are faulty seatbelts not dangerous?
how is a faulty handbrake not dangerous?
how is a steering fault not dangerous?

stop being a troll, and stick to the subject.

No i could not buy a brand new 7 seater for £8500,, i can buy a tiny Kia, or some other mr tickle car...not one for carrying a family around in.

any helpful advise welcomed

fart

chewonit wrote: »

Let me pick up on a couple of points.

How are faulty seatbelts not dangerous?

A light coming on doesn't make them dangerous. Do they still work?

how is a faulty handbrake not dangerous?

Use brakes whilst driving, leave in gear when parked.

how is a steering fault not dangerous?

Noise doesn't = danger. Is your wheel refusing to turn? That would be dangerous. Strange noise isn't. The meaning and definition of 'dangerous' is pretty clear imo.

stop being a troll, and stick to the subject.

I'm not trolling. I gave advice as i see it. You drove off with a 'verbal agreement '. Car dealers are notoriously shifty, yet you took him on his word even though there are no witnesses and is no legal comeback on him, i'd say you trolled yourself. If you don't like people giving advice on how not to mug yourself off in future then i will stop

No i could not buy a brand new 7 seater for £8500,, i can buy a tiny Kia, or some other mr tickle car...not one for carrying a family around in.

So you have you, the missus (or 'other half') and 5 others to ferry about? Do you NEED a 7 seater, or do you just WANT a 7 seater?

My old man has ferried 5 adults + luggage + bedding from Essex to Manchester and back again numerous times in the last 15 years, in a Volvo Estate.

Need + Want are not the same thing remember.

You can buy a brand new estate for less than you got mugged for. You can also buy a nearly new 7 seater for LESS than you paid.

N1AK

fart wrote:

Most of them are not dangerous. Only you have a copy of your warranty and anything you signed with the dealer. Read them and see what you're entitled to.

He may as well continue to pursue this with his CC company for now. It's possible that they have a valid reason for rejecting the claim but I'd push because there is a reasonable chance that they won't.

fart wrote:

Also, as an aside, i had a heated debate with someone about using credit cards when you can afford to pay for stuff. The 'buyer protection' nonsense was bandied about by him. This thread is an example of why that is nonsense.

I've used my credit card on two occasions to get redress and know of other examples via friends and family. You can argue against it as 'nonsense' all you want but I'll keep buying on my cashback card thanks.


- - -
I would make clear in a letter to your credit company that you expect them to give you a clear explanation of the grounds for rejecting your claim. They are jointly liable (that means it is as much their responsibility and the dealers that your contract is honoured). I'd give them a time frame, 2 weeks most likely to respond and make them aware that I would take the claim up with the financial ombudsman if they don't.

Personally I would have progressed the claim with the dealer via the small claims court. Yes in theory they could try and dodge it but it's not like avoiding costs is a given. If the judgement went in your favour and they did somehow avoid paying then you'd have a strong case to go to the CC company under section 75 instead.

N1AK

fart wrote:

Noise doesn't = danger. Is your wheel refusing to turn? That would be dangerous. Strange noise isn't. The meaning and definition of 'dangerous' is pretty clear imo.


I'm not trolling. I gave advice as i see it. You drove off with a 'verbal agreement '.

You're trolling.

Your it's safe if it'll turn argument is nonsense. If the noise relates to a real risk of critical failure the fact is hasn't failed yet doesn't make it safe; that's hardly a complex concept to get your head round.

When you buy from a dealership you have more than a verbal agreement. If you cba to be informed about a subject then you really shouldn't be offering advice... but then you aren't; you're just trolling.

fart

N1AK wrote: »

You can argue against it as 'nonsense' all you want but I'll keep buying on my cashback card thanks.

Good for you.

fart

N1AK wrote: »

You're trolling.

Your it's safe if it'll turn argument is nonsense. If the noise relates to a real risk of critical failure the fact is hasn't failed yet doesn't make it safe; that's hardly a complex concept to get your head round.

When you buy from a dealership you have more than a verbal agreement. If you cba to be informed about a subject then you really shouldn't be offering advice... but then you aren't; you're just trolling.

And I didn't say it's safe if it'll turn, i said a light doesn't indicate a danger and it NOT being able to turn would be dangerous. You really should try reading before jumping to the assumption that im trolling just because i'm not towing the party line.

Feel free to show where 'yeh i'll get that repaired for you' gives you more than a verbal agreement if it's not down in writing just because you bought from a dealership? Who doesn't know what they're talking about? You?

A: 'Can you touch up them scratches?'
B: 'Yeh course we will, bring it back next week.'

What, legally the buyer now has some mysterious right to demand the work is done? LOL.