Rejection of a mis sold car based on consumer rights act 2015

myukjob85

Hi , so long story short I bought a SUZUKI from a local car dealer that was advertised as having FULL SUZUKI SERVICE HISTORY. At the viewing I was not provided with any documents of the car , and I didn't ask for them as was buying in good faith from a car dealer based on their description.  I was happy how the car presented after the drive test and I put a deposit to buy it. Deposit was paid by credit card. When I collect the car before paying the ballance I asked to see the cars documents and I seen that the car was missing its last service. As was 10000 miles from the last recorded service and the car was just over 5 years old so a cambelt should have been serviced (replaced) according to manufacturer schedule for maintenance. I asked the sales man if they have evidence that the timing belt was serviced that was not recorded in the service book and after a call whith what he said it was the last service provider he confirmed verbally that was changed. I paid the ballance and collected the car. In the same day when I was looking through the documents that was handed to me I found the detailed report from suzuki showing the timing belt was not changed.  I called them myself to confirm what I just find out and they confirmed,  cam belt was not done. I called the dealer to complain that they mis sold me the car as having all the service done when in fact the most important one was missing. The sales man told me over the phone that the management will contact me later that day to solve the issue , it was around 1 pm , but they didn't. So after their end of business day I emailed them with 2 offers: I reject the car as not as described,  or I will pay for the timing belt to be done and send them the bill to be reimbursed by them. On the following day , at 10.30 AM they emailed me saying that indeed the sales man asked the last provider and was told that timing belt was changed,  but that was a lie as they had the last service works detailed report,  so they new it wasn't. They didn't agree with my offers and made me a counter offer : they will fit a new timing belt and I keep the car , but without mentioning nothing about warranty for the timing job. I made them a counter offer of my own : I keep the car and they fit a specific brand of timing belt (not Chinese aftermarket) , provide me to receipts for parts as proof , and provide be with a written warranty of 10k miles or 12 months. A standard warranty for timing belt job. I asked them to provide me with a written acceptance of my terms. My offer was sent at 11 am same day and untill the end of their business day at 6 pm they didn't replied.
As I started to be suspicious about them I Iooked into their quality of services and found out that 54 percent of their customers awarded them negative reviews having serious problems some with problems on incorrectly timing belts fitted. Only 32 percent of their customers reported good reviews.  The difference between the negative and the positive was neutral reviews , people that encountered smaller problems.  I also found that the warranty 30 days warranty and the 12 months extended warranty will not cover the engine without a proof /receipt that timing belt was serviced accordingly with the manufacturer maintenance schedule.  So in fact both warranties was void on engine claims. In the light of the new information , the lack of response from the company and poor service quality reported by other customers I took the decision to reject the car as I didn't accept any offers of repair it was  within my rights to do so. This was based on the fact that I couldn't trust them to install the timing belt. The following day they emailed me very quickly in the morning and they didn't agreed with the rejection saying I accepted their offer of repair so rejection was not an option anymore.  In vain I tried to explain that I only sent them a counter offer and did not accept what their offer and it was in my rights to reject the car as mis sold/not as described. 
Now I want to complain to trading standards but I do not know how they can help me in this situation. 
I mention that I have all the evidence to back my statements,  from copies of the details of the advert to email communications,  date of car manufacture,  etc. 
So my question is how trading standards can help me in this situation 

elsien

You haven’t said how long you have had the car for? 

tacpot12

Trading standards can't help you at all. If you report the dealer, they might take the to court and put them out of business, but that's not a lot of help to you as you can't sue them if they no longer exist. 

You need independent legal advice. If you have home insurance and have legal expenses cover, call the Legal Helpline provided by your insurer. If you don't have this, you will need to pay for the legal advice you need, or learn all about the law in order to sue the dealer.  

myukjob85

@elsien I have the car just over couple of days. And I made he complaint in writing in the same day I picked it up when I discovered it was mis sold. 

myukjob85

I paid the car partially with the credit card , ballance with bank transfer.  I know that under the credit consumer act 1974 I can get in touch with my bank as even a small percentage of the car was paid with credit card the whole sale of the goods is covered by the credit act. Bt how they can help me? Never tried this
I did reject cars before as when I laid down the evidence the dealer agreed with the rejection 

Wonka_2

myukjob85 said:

So my question is how trading standards can help me in this situation 

Simple answer is no - they'll deal with ongoing trading issues with businesses but will not engage with an individual on a specific issue 

So with that in mind you're in a pickle

Hindsight (and learning for next time) is never believe what a salesman tells you and certainly don't pay your money until you've had specific questions answered in writing

But that said you've a couple of options now

a) Was the car financed in any way ? If so, whether deposit via CC or outright financed you can involve them 

or

b) If you're going to keep the car in the long term then what's the cost of you paying to have the work done at the garage of your choice and putting it down to experience whilst writing the cost off over the length of ownership

Immediate challenge with a) is that (if I've read correctly) supplying garage have agreed a repair but you don't like their reviews - that's not going to fly with a finance company getting involved and rejecting on your behalf.

myukjob85

@ (Removed by Forum Team). Part of the car was paid with credit card. They offered to install a new timing belt themselves but without giving any warranty for the job. And based on the other customers reviews repairs undertaken by them are of poor quality. I did offer the option for me to have all the service done at Suzuki to meet the description of the car "full suzuki service history " and they to refund me based in the receipt but they refused. I also refused their offer and made them a counteroffer : they fit the belt but provide with receipts for parts and give in writing standard warranty  12 months/10000 miles. Asked them to confirm.in writing the acceptance of my offer and conditions.  They didn't replied. So no other option than to reject.  

Wonka_2

myukjob85 said:

@(Removed by Forum Team). Part of the car was paid with credit card. 

I'll give you the benefit of the doubt re the name 

Have you contacted your CC company and what have they said ?

Robbo66

myukjob85 said:

Hi , so long story short I bought a SUZUKI from a local car dealer that was advertised as having FULL SUZUKI SERVICE HISTORY. At the viewing I was not provided with any documents of the car , and I didn't ask for them as was buying in good faith from a car dealer based on their description.  I was happy how the car presented after the drive test and I put a deposit to buy it. Deposit was paid by credit card. When I collect the car before paying the ballance I asked to see the cars documents and I seen that the car was missing its last service. As was 10000 miles from the last recorded service and the car was just over 5 years old so a cambelt should have been serviced (replaced) according to manufacturer schedule for maintenance. I asked the sales man if they have evidence that the timing belt was serviced that was not recorded in the service book and after a call whith what he said it was the last service provider he confirmed verbally that was changed. I paid the ballance and collected the car. In the same day when I was looking through the documents that was handed to me I found the detailed report from suzuki showing the timing belt was not changed.  I called them myself to confirm what I just find out and they confirmed,  cam belt was not done. I called the dealer to complain that they mis sold me the car as having all the service done when in fact the most important one was missing. The sales man told me over the phone that the management will contact me later that day to solve the issue , it was around 1 pm , but they didn't. So after their end of business day I emailed them with 2 offers: I reject the car as not as described,  or I will pay for the timing belt to be done and send them the bill to be reimbursed by them. On the following day , at 10.30 AM they emailed me saying that indeed the sales man asked the last provider and was told that timing belt was changed,  but that was a lie as they had the last service works detailed report,  so they new it wasn't. They didn't agree with my offers and made me a counter offer : they will fit a new timing belt and I keep the car , but without mentioning nothing about warranty for the timing job. I made them a counter offer of my own : I keep the car and they fit a specific brand of timing belt (not Chinese aftermarket) , provide me to receipts for parts as proof , and provide be with a written warranty of 10k miles or 12 months. A standard warranty for timing belt job. I asked them to provide me with a written acceptance of my terms. My offer was sent at 11 am same day and untill the end of their business day at 6 pm they didn't replied.
As I started to be suspicious about them I Iooked into their quality of services and found out that 54 percent of their customers awarded them negative reviews having serious problems some with problems on incorrectly timing belts fitted. Only 32 percent of their customers reported good reviews.  The difference between the negative and the positive was neutral reviews , people that encountered smaller problems.  I also found that the warranty 30 days warranty and the 12 months extended warranty will not cover the engine without a proof /receipt that timing belt was serviced accordingly with the manufacturer maintenance schedule.  So in fact both warranties was void on engine claims. In the light of the new information , the lack of response from the company and poor service quality reported by other customers I took the decision to reject the car as I didn't accept any offers of repair it was  within my rights to do so. This was based on the fact that I couldn't trust them to install the timing belt. The following day they emailed me very quickly in the morning and they didn't agreed with the rejection saying I accepted their offer of repair so rejection was not an option anymore.  In vain I tried to explain that I only sent them a counter offer and did not accept what their offer and it was in my rights to reject the car as mis sold/not as described. 
Now I want to complain to trading standards but I do not know how they can help me in this situation. 
I mention that I have all the evidence to back my statements,  from copies of the details of the advert to email communications,  date of car manufacture,  etc. 
So my question is how trading standards can help me in this situation 

If you're generally happy with the car why not just get them to do the cambelt service at their cost? A much easier solution than going through the rejection process and then having to source a comparable car

diystarter7

Hi OP

Sorry to hear about that

How long have you had the car for?

Other than the timing belt situation, are you happy with the car? If so, would you keep it if the timing belt situation was resolved?

Good luck

myukjob85

Robbo66 said:

myukjob85 said:

Hi , so long story short I bought a SUZUKI from a local car dealer that was advertised as having FULL SUZUKI SERVICE HISTORY. At the viewing I was not provided with any documents of the car , and I didn't ask for them as was buying in good faith from a car dealer based on their description.  I was happy how the car presented after the drive test and I put a deposit to buy it. Deposit was paid by credit card. When I collect the car before paying the ballance I asked to see the cars documents and I seen that the car was missing its last service. As was 10000 miles from the last recorded service and the car was just over 5 years old so a cambelt should have been serviced (replaced) according to manufacturer schedule for maintenance. I asked the sales man if they have evidence that the timing belt was serviced that was not recorded in the service book and after a call whith what he said it was the last service provider he confirmed verbally that was changed. I paid the ballance and collected the car. In the same day when I was looking through the documents that was handed to me I found the detailed report from suzuki showing the timing belt was not changed.  I called them myself to confirm what I just find out and they confirmed,  cam belt was not done. I called the dealer to complain that they mis sold me the car as having all the service done when in fact the most important one was missing. The sales man told me over the phone that the management will contact me later that day to solve the issue , it was around 1 pm , but they didn't. So after their end of business day I emailed them with 2 offers: I reject the car as not as described,  or I will pay for the timing belt to be done and send them the bill to be reimbursed by them. On the following day , at 10.30 AM they emailed me saying that indeed the sales man asked the last provider and was told that timing belt was changed,  but that was a lie as they had the last service works detailed report,  so they new it wasn't. They didn't agree with my offers and made me a counter offer : they will fit a new timing belt and I keep the car , but without mentioning nothing about warranty for the timing job. I made them a counter offer of my own : I keep the car and they fit a specific brand of timing belt (not Chinese aftermarket) , provide me to receipts for parts as proof , and provide be with a written warranty of 10k miles or 12 months. A standard warranty for timing belt job. I asked them to provide me with a written acceptance of my terms. My offer was sent at 11 am same day and untill the end of their business day at 6 pm they didn't replied.
As I started to be suspicious about them I Iooked into their quality of services and found out that 54 percent of their customers awarded them negative reviews having serious problems some with problems on incorrectly timing belts fitted. Only 32 percent of their customers reported good reviews.  The difference between the negative and the positive was neutral reviews , people that encountered smaller problems.  I also found that the warranty 30 days warranty and the 12 months extended warranty will not cover the engine without a proof /receipt that timing belt was serviced accordingly with the manufacturer maintenance schedule.  So in fact both warranties was void on engine claims. In the light of the new information , the lack of response from the company and poor service quality reported by other customers I took the decision to reject the car as I didn't accept any offers of repair it was  within my rights to do so. This was based on the fact that I couldn't trust them to install the timing belt. The following day they emailed me very quickly in the morning and they didn't agreed with the rejection saying I accepted their offer of repair so rejection was not an option anymore.  In vain I tried to explain that I only sent them a counter offer and did not accept what their offer and it was in my rights to reject the car as mis sold/not as described. 
Now I want to complain to trading standards but I do not know how they can help me in this situation. 
I mention that I have all the evidence to back my statements,  from copies of the details of the advert to email communications,  date of car manufacture,  etc. 
So my question is how trading standards can help me in this situation 

If you're generally happy with the car why not just get them to do the cambelt service at their cost? A much easier solution than going through the rejection process and then having to source a comparable car

I did offer them this solution but binded  to some terms and conditions that they didn't accept before I decided that they are not to be trusted and just cut my losses. Conditions like providing receipts for specific brands of  parts as they apparently like to use cheap aftermarket  Chinese parts , providing receipts for fitting the timing kit like it needs to be done , not just the belt like some customers complain,  providing with written warranty for 12 months/10000 miles and agree to my terms in writing.