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

myukjob85

diystarter7 said:

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

I haded just for couple of days and complained on day 1 on ownership. I can not say I am happy with the car , become of this timing belt situation I have no warranty for the engine , and I can not use the car. And to be honest I paid premium for it just because it had full service history done at Suzuki main dealer not at a corner garage. So I would like to have what I bought,  a car with full service history of scheduled manufacturer maintenance done at the main dealer. I also offered this option I pay for the timing belt of course done at Suzuki to meet the car description,  and they pay me back,  but they didn't agree.

Ditzy_Mitzy

What's the exact model of the car, @myukjob85 ?

myukjob85

Wonka_2 said:

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.

That is the thing they didn't agreed to to the job in my terms and conditions  (receipts for parts and separate warranty for the cam belt job and acceptance in writing of these terms). This is why I chose to reject it. Their offer was something like will do it in our backyard garage...younknow the same one they pain touch up cars before sale. 

myukjob85

Hi , so I have this problem: I bought a car paying part of it with my credit card. The rest by bank transfer. I now discovered the car was mis sold to me as it was not as described . The issue found is was withhold by the seller in order to make a sale. I have solid evidence. I contacted the seller to reject the car under consumer rights 2015 on grounds product not as described but I was refused. Motor ombudsman can not do anything as the busines is not registered with them.
I want to get the bank involved as under the credit consumer act 1974 section 75 even if I paid just a percentage of a product by credit and the rest by cash than the total sale is covered. 
But I do not know where to start. What to tell the bank? And how? 

born_again

All you need to do is ring your CC & explain the situation.

But why start a 2nd thread when you already have one going with the information in?

https://forums.moneysavingexpert.com/discussion/6424858/rejection-of-a-mis-sold-car-based-on-consumer-rights-act-2015#latest

DullGreyGuy

Remember that a S75 claim comes from your banks own pocket so dont expect them to roll over easily or just trust your word etc.

You simply need to contact them and advise you need to make a S75 claim... some will push you to an online form to "raise a dispute" and the bank then chooses if its a chargeback or S75 . The former being quicker, easier and out of someone elses' pocket is normally favoured, a chargeback can only reclaim the amount paid in that transaction so not going to be sufficient in this case.

You should also start preparing your evidence... whatever materials you have to prove how the merchant described the vehicle and whatever evidence you have that its not what the vehicle is.  You'll also probably need the invoice of sale, if that isnt party of the other evidence, to prove the required D-C-S chain exists. 

Thinking about settlements is also worth while, you dont say what the issue is but lets pretend its the fact the car is a Cat N/D  total loss then they are likely to offer the difference in value between a non-written off car and a Cat N car as resolution... you can then sell the car to recover the rest of the base amount back. 

pinkshoes

As they sold it with a full SUZUKI service history and are refusing to pay for a cambelt change then just WRITE to them and let them know you are rejecting it as not as described and ask them to come and collect the car.

DO NOT drive the car!!! Make sure it does no mileage.

As they're being difficult then just phone your CC company and get them on the case.

myukjob85

pinkshoes said:

As they sold it with a full SUZUKI service history and are refusing to pay for a cambelt change then just WRITE to them and let them know you are rejecting it as not as described and ask them to come and collect the car.

DO NOT drive the car!!! Make sure it does no mileage.

As they're being difficult then just phone your CC company and get them on the case.

I did not used the car , was parked on my drive from day 1. I wrote them I reject it as not as described but they do not want to hear about it. Now I research what to do when I get in touch with the CC company . The CC company is also my main bank for my debit accounts.

Ditzy_Mitzy

Aww go on, @myukjob85 , tell us what car it is...