Advice/help - faulty car / consumer act 2015

NSG666

neilmcl said:

NSG666 said:

neilmcl said:

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.

They asked her to in the 1st post - I guess they are considering paying a local garage to sort it rather than getting it back to their garage.

No, what they're doing is expecting the OP to do all the running around for them when it's entirely their responsibility to sort this out.

I don't disagree with that and it seems unbelievable that they don't have procedures in place for this kind of situation given the amount of cars that must now be being sold over the phone. I just hope daisydoom gets a satisfactory resolution.

melb

If you can I would just reject the car under the distance selling legislation.  

daisydoom

Worst possible news - I actually think I might be sick  and to say I am shaking is an understatement

- I am now absolutely terrified that the dealer will not refund me.

I have contacted them and asked them to call me first ting to arrange the car to be collected & a refund given to me.

The car has been in some sort of accident (but the report via autotrader was clear - so I am also going to contact autotrader as well to report this)

The car is blowing hot - because there is no compressor - its missing & the lines have been cut.

The rear sub frame has been crushed as its been picked up & moved/ there is a new bumper fitted.

The warning light is because the head gasket is about to go.

I have contacted someone for legal advice as well.

But i thought I had checked the company & the car out

So just an update with the worst possible news.

AdrianC

Autotrader don't tell you whether the car has ever been crashed or not - they tell you whether it's been an insurance write-off or not.

This is, sadly, another great demonstration of why never to buy a used car unseen from the other end of the country.

Get it on a transporter to them asap, even if you have to organise it yourself.

daisydoom

Thank you - I will - I am just worried that if I sent it away - they will not refund me.

Ahhh - thank you I did check it was not a cat s/d/n etc (apologies I wrote the wrong thing ) 

I have an appointment to speak to someone for legal advice tomorrow.

To say this is a hard lesson learned is the understatement of the century. 

Because everyone has been so kind & helpful I just wanted to post an update. - I really appreciate it - even if most folk will now think I am an absolute idiot. I feel like an absolute idiot and I am just sitting here shaking with worry.

I will wait until I hear from the dealer tomorrow and I can only hope they sort this  - if not I will happily name them (I will also contact trading standards are try and follow all my recourse I can ) - I do simply want a full refund & the car away.

AdrianC

daisydoom said:

Thank you - I will - I am just worried that if I sent it away - they will not refund me.

At which point, you launch a court small claim for your money...

Ahhh - thank you I did check it was not a cat s/d/n etc (apologies I wrote the wrong thing ) 

There's no central record of accident damage at all - only write-offs. If somebody doesn't claim, or the insurer repair, then there's no record.

Grumpy_chap

daisydoom said:

Worst possible news - I actually think I might be sick  and to say I am shaking is an understatement

- I am now absolutely terrified that the dealer will not refund me.

I have contacted them and asked them to call me first ting to arrange the car to be collected & a refund given to me.

The car has been in some sort of accident (but the report via autotrader was clear - so I am also going to contact autotrader as well to report this)

The car is blowing hot - because there is no compressor - its missing & the lines have been cut.

The rear sub frame has been crushed as its been picked up & moved/ there is a new bumper fitted.

The warning light is because the head gasket is about to go.

I have contacted someone for legal advice as well.

But i thought I had checked the company & the car out

So just an update with the worst possible news.

You have really thought all of this far too deeply - the absolute beauty of the CCR was that you could simply reject for any  (or no) reason.  No need to enter discuss about faults and all that or look into buckled sub-frames etc.

Who is the Dealer?  I assume not one of the large national dealers with experience of the remote sale (CINCH / Lookers / Arnold Clark / Cazoo)?  

daisydoom

Thank you again  & I will . I am hoping & praying the dealer will do the right thing.

daisydoom

I did try & reject the car and I put this in writing on an email and I asked for their selling regs - I was also going to post this recorded delivery to them first thing tomorrow (as I felt that was the best course of action - before I heard back from the garage about the condition)

When you don't know about the reg/ thinsg folk should comply with & you start googling you do just fall down a hole!

- which is why I also tried to stay positive  - until the garage called .

Its a small dealer down in England

Grumpy_chap

daisydoom said:

I asked for their selling regs - 

You don't need any of that.  Just asking could mean they are rapidly writing something to say you can't reject.

You don't need to know about faults.

Reject as a remote purchase within the 14-days:
https://www.which.co.uk/consumer-rights/regulation/consumer-contracts-regulations-ajWHC8m21cAk

EDIT - in fact, the more you do, the weaker your case as the more you do, the more it can be argued that you devalued the goods and a deduction is permissible.  All you are really allowed to do is the same as if you viewed in the premises.