Faulty Used Car Refund.

mikeymatteo

His reply to my asking for a refund

Hi ****,

I have already stated to you in previous emails that i was more than happy to repair the vehicle which you agreed to and which i have done for you.It appears that you are now going back on your word.I have no problem with taking this matter to court but all that will entail is you being without a vehicle for an indefinite period of time.I have more than fulfilled any legal obligations on my part and will not be held to ransom by you threatening to leave poor feedback about my business.I have worked in this industry for over twenty years and a large proportion of my business is provided by repeat customers which is a sign of a well run business.If you are truthful when leaving your feedback it will read that you bought a car that broke down and i fixed it for as quickly as possible,hardly a slur on my good name!
I have informed you of progress on your vehicle every step of the repair process and have repaired the vehicle as quickly as possible for you.The vehicle is ready to be collected and can be stored safely this evening if you are unable to.If the vehicle is not collected on or before Saturday 18th July it will be left outside at your risk.

My Reply to the above

You had already begun the repair process and ordered the part even though I had stated that I wanted a refund. You advised me that I was not entitled to a refund.
Friday 10th June I advised you
" It is my wish to return the vehicle "

To which you replied
" I have no legal obligation to refund any monies paid at this point " - which was incorrect.

To which I replied - Fri 10/07/2015 12:56 "I believe I do have the right to refund under the Sales of goods act."

Mon 13/07/2015 13:18 You responded with an update and that the replacement part had been ordered. (I had not agreed to this - I had stated my desire for a refund) "A replacement inlet manifold has been ordered direct from Renault and should be in the country on Thursday"

I did state on Mon 13/07/2015 14:54
" That sounds great then and I would most likely be happy with that resolution.
I must however attempt to recover some of the funds and loss I have incurred due to the ripple effect it has now caused."

Which with the recovery of some of my costs may have been a possible option however on multiple occasions you have failed to comment on my many emails asking to be compensated.
The above quote of mine was also with the understanding that I would not get a refund based on your refusal to offer one.

I was also not fully aware of the quote sent in my last email and thought that I MAY be entitled to a refund. After finding that information I now realise that I was entitled in the first place and that you did in fact have an obligation to refund me.

I can assure you I am not threatening you or holding you to ransom. All I want is a refund.
I purchased a vehicle from you, it had a major engine failure, I wanted a refund, you said I you had no obligation to refund me, but you did.

mikeymatteo

its getting ugly

Hi Mike,

The inlet manifold on the vehicle developed a fault causing high oil pressure.The inlet manifold failed,not the engine.I have had the fault fixed at my expense and is ready to be collected by you,it's owner.I have fulfilled any legal obligation on my part.I have repaired the vehicle for you and do not have to refund you the purchase cost nor do i have to provide any compensation.I have apologised for any inconvenience caused and that is all i can offer to you.
I assume that you will be after some sort of legal redress so l will refrain from any further communication until communicating with your legal representatives.

mikeymatteo

How do i enforce section 75?
Seems like that may be a route to take.

bod1467

Contact your credit provider. And take a look at the S75 article here at MSE.

unholyangel

I'm not sure section 75 will be a viable option if there's no debtor > creditor > supplier relationship.

Worth asking though I suppose, just I wouldn't hold out too much hope.

wealdroam

mikeymatteo wrote: »

How do i enforce section 75?
Seems like that may be a route to take.

Here's a link to MSE's Section 75 article:

MSE's Section 75 article

.

bod1467

unholyangel wrote: »

I'm not sure section 75 will be a viable option if there's no debtor > creditor > supplier relationship.

Posts #19 and #20 cover this to some degree. The issue will be proof of that relationship.

unholyangel

bod1467 wrote: »

Posts #19 and #20 cover this to some degree. The issue will be proof of that relationship.

There needs to be an arrangement between the creditor and the supplier. Otherwise it is a debtor - creditor agreement rather than a debtor - creditor - supplier agreement.

If OP is saying theres no mention of it being a car loan, its unlikely that the supplier has been party to that agreement.

Case 44/5 sort of sums up what I mean:
http://www.financial-ombudsman.org.uk/publications/ombudsman-news/44/44.pdf

Nessun_Dorma

Wouldn't it have been cheaper to have been towed home, rather than spend five hundred pounds on an extra week's accommodation?

Nessun_Dorma

unholyangel wrote: »

I'm not sure section 75 will be a viable option if there's no debtor > creditor > supplier relationship.

Worth asking though I suppose, just I wouldn't hold out too much hope.

I thought he part paid by credit card, ergo (unless I have missed something) section seventy-five does cover this.

mikeymatteo wrote: »

I paid £1500 by card and the rest cash.