Fault car was sold by trader

Abid1292

Hi 👋 

I purchased a car from a Trader and paid over 4K. The car came with 3 months warranty. On the way home (1.5 hours of driving) the car developed a major gearbox issue (wouldn’t engage into reverse). 

I immediately messaged the trader and informed him.I sent him multiple videos and photos evidencing the issue. It was on a Sunday and he said he will get back to me on Monday. 

The trader advised me would contact a specialist and investigate the matter. 

In the mean time I have spoken to a gearbox specialist who informed me it was likely that the reverse gear had failed and can be very costly. 

I attempted to drive the car again but there was a lack of power and the gears would not engage properly (basically developed another issue). I called RAC and they had confirmed the fault and said it will need to be recovered to a garage. I also  informed him about it. 

The trader messaged me that his 'specialist' was aware of the fault and that it was not of a 'mechanical' nature. He explicitly explained that a fault exists and that it is an 'electrical' issue and there would be 2/3 week waiting list if I was to get it repaired. 

After speaking to other gearbox specialists, I decided I no longer wanted the vehicle repaired as I did not trust it would be completed properly. The advice I was receiving contradicted what The trader was advising. The information he provided conflicted with the specialists I had spoken to. As such, I did not want to risk ££££ on a potential short term quick fix which may only temporarily resolve the issue.

After speaking to the Trading Standard I rejected the car on the 14th day on the basis on Consumer Act 2015. However the trader refused to agree as he wants me to give him a chance to repair it. 

I then called my credit card company and raised an issue. They suspended the payment. The trader appealed it saying “I must give him chance to fix it and the fault wasn’t clear” I will need to prove the fault. I sent him multiple 4k/HD quality video and fault codes, the trader did not any point suggest the fault was not clear. 

After this I appealed again with the full RAC report and said I am happy to go the Main dealer and get their opinion. Which he refused. 

He then made his 2nd appeal and said I will need to send the car back to him since I picked it up. My credit card company told me this and assured me once I send the car back I’ll get my money. 

So I messaged the trader to arrange a return and again he ignored my message. I called my credit card company and they said he ignores my messages, they said I still need to send the car back somehow. So I arranged a return and email the trader. Next morning out of nowhere he emails me back saying do not send the car back as he will not accept the car back. At this point car was delivered and confirmed by the recovery company.

I messaged him back saying you’ve told the credit card company that I will need to return the car back which I did. 

So now my credit card company has closed the case in his favour and telling me I will need to sort it out with the trader. 

Sure they can’t just tell me to do this and closed the case is his favour? Where do I stand? Now I don’t have the car and the money!! 

Please advice 

Thanks 

LaHostessAvecLaMostess

Abid1292 said:

Hi 👋 

I purchased a car from a Trader and paid over 4K. The car came with 3 months warranty. On the way home (1.5 hours of driving) the car developed a major gearbox issue (wouldn’t engage into reverse). 

I immediately messaged the trader and informed him.I sent him multiple videos and photos evidencing the issue. It was on a Sunday and he said he will get back to me on Monday. 

The trader advised me would contact a specialist and investigate the matter. 

In the mean time I have spoken to a gearbox specialist who informed me it was likely that the reverse gear had failed and can be very costly. 

I attempted to drive the car again but there was a lack of power and the gears would not engage properly (basically developed another issue). I called RAC and they had confirmed the fault and said it will need to be recovered to a garage. I also  informed him about it. 

The trader messaged me that his 'specialist' was aware of the fault and that it was not of a 'mechanical' nature. He explicitly explained that a fault exists and that it is an 'electrical' issue and there would be 2/3 week waiting list if I was to get it repaired. 

After speaking to other gearbox specialists, I decided I no longer wanted the vehicle repaired as I did not trust it would be completed properly. The advice I was receiving contradicted what The trader was advising. The information he provided conflicted with the specialists I had spoken to. As such, I did not want to risk ££££ on a potential short term quick fix which may only temporarily resolve the issue.

After speaking to the Trading Standard I rejected the car on the 14th day on the basis on Consumer Act 2015. However the trader refused to agree as he wants me to give him a chance to repair it. 

I then called my credit card company and raised an issue. They suspended the payment. The trader appealed it saying “I must give him chance to fix it and the fault wasn’t clear” I will need to prove the fault. I sent him multiple 4k/HD quality video and fault codes, the trader did not any point suggest the fault was not clear. 

After this I appealed again with the full RAC report and said I am happy to go the Main dealer and get their opinion. Which he refused. 

He then made his 2nd appeal and said I will need to send the car back to him since I picked it up. My credit card company told me this and assured me once I send the car back I’ll get my money. 

So I messaged the trader to arrange a return and again he ignored my message. I called my credit card company and they said he ignores my messages, they said I still need to send the car back somehow. So I arranged a return and email the trader. Next morning out of nowhere he emails me back saying do not send the car back as he will not accept the car back. At this point car was delivered and confirmed by the recovery company.

I messaged him back saying you’ve told the credit card company that I will need to return the car back which I did. 

So now my credit card company has closed the case in his favour and telling me I will need to sort it out with the trader. 

Sure they can’t just tell me to do this and closed the case is his favour? Where do I stand? Now I don’t have the car and the money!! 

Please advice 

Thanks 

You need to return it to the trader then.  The credit card company don't care about the Consumer RIght Act because they're not beholden to it when you raise a chargeback.

You can escalate this as an S75 claim but bear in mind you may not win.  However, that is really your only option.

Alderbank

LaHostessAvecLaMostess said:

You need to return it to the trader then.  The credit card company don't care about the Consumer RIght Act because they're not beholden to it when you raise a chargeback.
You can escalate this as an S75 claim but bear in mind you may not win.  However, that is really your only option.

Abid1292 said:

I called my credit card company and they said he ignores my messages, they said I still need to send the car back somehow. So I arranged a return and email the trader. Next morning out of nowhere he emails me back saying do not send the car back as he will not accept the car back. At this point car was delivered and confirmed by the recovery company.

I messaged him back saying you’ve told the credit card company that I will need to return the car back which I did. 

None of it is entirely clear but I read the above as saying that the OP has returned the car to the trader using a specialist recovery company.
Possibly the trader has not acknowledged the return, but that confirmation by the recovery company must be hard to dispute?

Abid1292

Alderbank said:

LaHostessAvecLaMostess said:

You need to return it to the trader then.  The credit card company don't care about the Consumer RIght Act because they're not beholden to it when you raise a chargeback.
You can escalate this as an S75 claim but bear in mind you may not win.  However, that is really your only option.

Abid1292 said:

I called my credit card company and they said he ignores my messages, they said I still need to send the car back somehow. So I arranged a return and email the trader. Next morning out of nowhere he emails me back saying do not send the car back as he will not accept the car back. At this point car was delivered and confirmed by the recovery company.

I messaged him back saying you’ve told the credit card company that I will need to return the car back which I did. 

None of it is entirely clear but I read the above as saying that the OP has returned the car to the trader using a specialist recovery company.
Possibly the trader has not acknowledged the return, but that confirmation by the recovery company must be hard to dispute?

I have returned the car and the recovery company had communicated with the trader to deliver the car. The car was delivered to the business and I have all the proof.

Abid1292

LaHostessAvecLaMostess said:

Abid1292 said:

Hi 👋 

I purchased a car from a Trader and paid over 4K. The car came with 3 months warranty. On the way home (1.5 hours of driving) the car developed a major gearbox issue (wouldn’t engage into reverse). 

I immediately messaged the trader and informed him.I sent him multiple videos and photos evidencing the issue. It was on a Sunday and he said he will get back to me on Monday. 

The trader advised me would contact a specialist and investigate the matter. 

In the mean time I have spoken to a gearbox specialist who informed me it was likely that the reverse gear had failed and can be very costly. 

I attempted to drive the car again but there was a lack of power and the gears would not engage properly (basically developed another issue). I called RAC and they had confirmed the fault and said it will need to be recovered to a garage. I also  informed him about it. 

The trader messaged me that his 'specialist' was aware of the fault and that it was not of a 'mechanical' nature. He explicitly explained that a fault exists and that it is an 'electrical' issue and there would be 2/3 week waiting list if I was to get it repaired. 

After speaking to other gearbox specialists, I decided I no longer wanted the vehicle repaired as I did not trust it would be completed properly. The advice I was receiving contradicted what The trader was advising. The information he provided conflicted with the specialists I had spoken to. As such, I did not want to risk ££££ on a potential short term quick fix which may only temporarily resolve the issue.

After speaking to the Trading Standard I rejected the car on the 14th day on the basis on Consumer Act 2015. However the trader refused to agree as he wants me to give him a chance to repair it. 

I then called my credit card company and raised an issue. They suspended the payment. The trader appealed it saying “I must give him chance to fix it and the fault wasn’t clear” I will need to prove the fault. I sent him multiple 4k/HD quality video and fault codes, the trader did not any point suggest the fault was not clear. 

After this I appealed again with the full RAC report and said I am happy to go the Main dealer and get their opinion. Which he refused. 

He then made his 2nd appeal and said I will need to send the car back to him since I picked it up. My credit card company told me this and assured me once I send the car back I’ll get my money. 

So I messaged the trader to arrange a return and again he ignored my message. I called my credit card company and they said he ignores my messages, they said I still need to send the car back somehow. So I arranged a return and email the trader. Next morning out of nowhere he emails me back saying do not send the car back as he will not accept the car back. At this point car was delivered and confirmed by the recovery company.

I messaged him back saying you’ve told the credit card company that I will need to return the car back which I did. 

So now my credit card company has closed the case in his favour and telling me I will need to sort it out with the trader. 

Sure they can’t just tell me to do this and closed the case is his favour? Where do I stand? Now I don’t have the car and the money!! 

Please advice 

Thanks 

You need to return it to the trader then.  The credit card company don't care about the Consumer RIght Act because they're not beholden to it when you raise a chargeback.

You can escalate this as an S75 claim but bear in mind you may not win.  However, that is really your only option.

I have returned the car, however the trader still wouldn’t agree a refund. 

the_lunatic_is_in_my_head

Abid1292 said:

LaHostessAvecLaMostess said:

Abid1292 said:

Hi 👋 

I purchased a car from a Trader and paid over 4K. The car came with 3 months warranty. On the way home (1.5 hours of driving) the car developed a major gearbox issue (wouldn’t engage into reverse). 

I immediately messaged the trader and informed him.I sent him multiple videos and photos evidencing the issue. It was on a Sunday and he said he will get back to me on Monday. 

The trader advised me would contact a specialist and investigate the matter. 

In the mean time I have spoken to a gearbox specialist who informed me it was likely that the reverse gear had failed and can be very costly. 

I attempted to drive the car again but there was a lack of power and the gears would not engage properly (basically developed another issue). I called RAC and they had confirmed the fault and said it will need to be recovered to a garage. I also  informed him about it. 

The trader messaged me that his 'specialist' was aware of the fault and that it was not of a 'mechanical' nature. He explicitly explained that a fault exists and that it is an 'electrical' issue and there would be 2/3 week waiting list if I was to get it repaired. 

After speaking to other gearbox specialists, I decided I no longer wanted the vehicle repaired as I did not trust it would be completed properly. The advice I was receiving contradicted what The trader was advising. The information he provided conflicted with the specialists I had spoken to. As such, I did not want to risk ££££ on a potential short term quick fix which may only temporarily resolve the issue.

After speaking to the Trading Standard I rejected the car on the 14th day on the basis on Consumer Act 2015. However the trader refused to agree as he wants me to give him a chance to repair it. 

I then called my credit card company and raised an issue. They suspended the payment. The trader appealed it saying “I must give him chance to fix it and the fault wasn’t clear” I will need to prove the fault. I sent him multiple 4k/HD quality video and fault codes, the trader did not any point suggest the fault was not clear. 

After this I appealed again with the full RAC report and said I am happy to go the Main dealer and get their opinion. Which he refused. 

He then made his 2nd appeal and said I will need to send the car back to him since I picked it up. My credit card company told me this and assured me once I send the car back I’ll get my money. 

So I messaged the trader to arrange a return and again he ignored my message. I called my credit card company and they said he ignores my messages, they said I still need to send the car back somehow. So I arranged a return and email the trader. Next morning out of nowhere he emails me back saying do not send the car back as he will not accept the car back. At this point car was delivered and confirmed by the recovery company.

I messaged him back saying you’ve told the credit card company that I will need to return the car back which I did. 

So now my credit card company has closed the case in his favour and telling me I will need to sort it out with the trader. 

Sure they can’t just tell me to do this and closed the case is his favour? Where do I stand? Now I don’t have the car and the money!! 

Please advice 

Thanks 

You need to return it to the trader then.  The credit card company don't care about the Consumer RIght Act because they're not beholden to it when you raise a chargeback.

You can escalate this as an S75 claim but bear in mind you may not win.  However, that is really your only option.

I have returned the car, however the trader still wouldn’t agree a refund. 

Go back to the card company and supply them with proof the car was delivered. 

If they won't assist send a letter before action to the card company, they have the same liability as the trader.