Advice/help - faulty car / consumer act 2015

Grumpy_chap

daisydoom said:

Grumpy_chap said:

daisydoom said:

I bought a second car from a dealer on Monday (30th of August 2021) It got delivered on Thursday (2/9/2021).

The dealer does deliver nationwide but are unfortunately 300 miles away from me and the car is not currently in a state to be driven - due to the red overheating warning

If the Dealer is 300 miles away and you purchased and received delivery without ever visiting the Dealer, then this is a remote purchase and you can reject the car for any reason, or none, within 14 days of delivery.  Assuming that to be the case, then this is the route to go down in this case.
https://www.which.co.uk/consumer-rights/regulation/consumer-contracts-regulations-ajWHC8m21cAk

Thank you - I have contacted them to ask for their distance selling regulations.

Replies so very much appreciated. Thank you 

If the Dealer is being daft, they may reply that the purchase is not covered under Distance Selling Regulations (DSR).  Technically they would be correct as DSR was replaced by the Consumer Contracts Regulations (CCR). 

The 14-day clock has already started ticking and a devious supplier may try to run that down thinking they can play silly around specific terms and phrases.

If the CCR definitely apply (and though they do if this was a totally remote purchase), then I'd look online for a template letter of rejection, get that typed and issue via e-mail plus Royal Mail Special Delivery, then follow up with telephone call.

daisydoom

NSG666 said:

I'm not suggesting it's up to you to fix anything but you may as well have a look at your handbook regarding disabling the passenger airbag - often a switch located on the end of the dash visible when you open the passenger door that is operated using your ignition key. If it's been deactivated then turn it back on and that's one issue off the list although disappointing that it wasn't picked up prior to delivery.

Do you have home start recovery on it?

Thank you - i'll go check that out now! and  I don't  have homestart

daisydoom

AdrianC said:

daisydoom said:

Thank you again!

I would be happy if the was no warning lights! the wee car is utterly lovely & the dealer was so nice when I bought it. 

Hence I am a little shocked (stupidly) of their lack of concern. hindsight is always a wonderful thing

90degC certainly isn't overheating.

First off, top it up to max. It may be that it's over-worrying about being slightly low. It may also simply be that the level sensor needs cleaning.

Thank you - again 

No doubt the garage tomorrow will confirm - I just  went full on panic mode 1 - from the dealer now being not that interested and 2 - no really know what to do!

The replies have been so helpful  - I am feeling a million times better that these are maybe all just wee daft hiccups now 

All I can do now is wait and see.

I'll go put my car on the level again & fill up to the max - I have it just below that.

And go check how to turn on/off the airbag

And thank you - because the air con is blowing so hot/ then with the radiator warning - I was starting to thing my car was going to overheat and break all sorts of things (combined with the airbag light warning !!) 

neilmcl

AdrianC said:

daisydoom said:

I bought a second car from a dealer on Monday (30th of August 2021) It got delivered on Thursday (2/9/2021).

Car has full service history/ Motd' until next May and comes with a 12 month warranty - reviewers for dealer are also good on auto trader/ google.

It now has 5 faults

1 – Engine over heating/ red radiator warning light is on  -- advisory from VW site is not to drive the car 

2 - Air con/ climate system not working - blowing hot air

3– Passenger air bag amber light on  – meaning this may not deploy in an accident 

4 – Engine warning light is on  -

5 – Right indicator flashing double time 

I alerted the dealer each time a fault appeared (I have now driven the car 3 time doing a max of 50 miles in total - it was on the last drive that I was aware of the red warning light - I alerted the dealer/ complaint email and I have not driven the car since) 

I have asked for a full refund/ the car to be collected under the consumer rights act 2015

I emailed them this - when the red warning light came on 

I am asking for a full refund to provided under the consumer act 2015 as the car is not as described/ is not of satisfactory quality/doesn’t match the description and is faulty.

I would like you to put this right by refunding me the cost of the car & collecting at your cost.

I only have a complaint email to deal with - the dealer with not engage with me and just say they are "sales"

They have asked me to drive this to a garage to get repair costs - even thought I have not asked for a repair & I have advised them that  red warning light means the car should not be driven.

Like anyone with an issue I feel sick to my stomach , I have not slept the last 2 nights due to the worry of this

The dealer does deliver nationwide but are unfortunately 300 miles away from me and the car is not currently in a state to be driven - due to the red overheating warning
. (this was the nicest car I saw and if it wants faulty I would be over the moon with the car - it is a 65 plate - I did not expect it to be perfect - there are wee bits & bobs that I don't mind at all due to the age of the car - but I do need to be able to drive it!) 

I am terrified I am going to be left with a car that I cannot drive & that the consumer act is actually really of no use and wont be enforced?  or who I would contact to enforce this? I am in Scotland  car was bought in England.

Any advice or feedback very welcome - everything I have googled says the dealer will do anything they can to not take the car back/ the lack of engagement from the dealer is not leaving me feeling very positive (they were lovey to deal with on purchasing & even moved my delivery spot due to an appointment I could not change) 

The car was paid outright - no finance.

Did you buy the car totally remotely, or did you view it before purchase?

If totally remotely, then CRA is not the relevant legislation - it's a distance sale, and you have 14 days to reject it for no reason other than you don't like it. Collection is their responsibility.

If you viewed or visited their premises, then you have the right to reject within 30 days for any fault that's outside reasonable expectations for (in this case) a 6yo car.

The right indicator is almost certainly just a blown bulb. Trivial.

Is it actually overheating? Have you checked the coolant level? It's entirely possible that a stone has damaged the radiator since delivery - which would not be the vendor's problem. The engine management light could well be related to the coolant level/temp.

It's not unreasonable for them to suggest you get the problems investigated before the car is transported back to them.

Ultimately, if they refuse to accept the rejection, then you will have to physically return the car to them, before launching a court claim for the money - I presume it's more than £10k, so not a small claim.

Is the car financed, or did you buy outright? If it's financed, even on a credit card, then the financier is equally liable as the vendor.

The CRA is very much relevant. The OP has purchased a car that is not of satisfactory quality and and he is entitled to use their short -term right to reject at no cost to them. If they use the CCRs then there's a chance that they would have to pay to have the car returned to the dealer.

neilmcl

Can we ask who the dealer is? Are you sure you can't find a telephone contact for them?

daisydoom

I don't want to name them until I have had a chance to get the costs from the garage/ find out how this will be resolved.

I always think things can go wrong - no company is ever perfect - but with the response so far - I am not feeling that optimistic.

If the garage had phoned and been more helpful/ had more of a don't worry/ we'll get this sorted - I would have felt a million times better rather than having had this feedback on email from their complaints guy

"As you may be aware, not every fault warrants a rejection for secondhand goods. "   - AGGGHHHHH

I have topped up the coolant so it is at the max level - red warning light is still on/ sat with the engine running for a couple of minutes  - it maybe until  drive this tomorrow to the garage that this will (fingers crossed) change? The airbag - I found the on/ off key area - turned this on & off/ no change in that light.

They won't deal with the complaint on the phone - it has to be done via email (yup I know!!!!)  - the guys on the phone are just "sales" 

I do feel a million times better from the feedback so far with regards to folk more knowlegable than me about cars - thank you again.

- I am so hoping these issues are nothing major and can easily/ quickly be resolved and I can keep the wee car & its all sorted ok.

Depending on what the garage says tomorrow & how the dealer responds to me - will let me decided what to do next. I have a template for the both the Consumer Contracts Regulations & the Consumer Act 2015 - and I will send these by recorded/ next day signed delivery

facade

Have I missed what car it is?

I've never seen an engine temperature display like that, and I don't think the airbag light is a passenger airbag- it is the general light that says there is a fault with the airbag/SRS system.

Usually, the clockspring has failed in the steering wheel- do all the buttons on the steering wheel work?

Otherwise it can be a wire disconnected under the seat. Sorting out the problem will not turn the light off, it must be reset.

AdrianC

facade said:

Have I missed what car it is?

VW, and a low-end one to only be £5.5k at 6yo. Up!?

daisydoom

Hello - yes - just a wee VW UP - it is lovely .

Im just about to go take it to the garage to get  the repair costs - fingers crossed.

Thanks again for the feedback & advice - its been so appreciated 

neilmcl

daisydoom said:

Hello - yes - just a wee VW UP - it is lovely .

Im just about to go take it to the garage to get  the repair costs - fingers crossed.

Thanks again for the feedback & advice - its been so appreciated 

How are you doing that if the warning light is telling you not to drive the car?

Why are you even bothered about getting the repair costs at all, you should be getting the dealer to sort the car for you.