Proving the car I bought is faulty

Rozen100

Hi All, 

Help me please. 
I bought a second hand car. Test drove it for 20 mins , spent 30 more minutes ensuring all the insides etc and car sensors were working. Within hours thick black smoke and stink started coming out of the car exhaust. The dealer was informed and he said you have to prove car is faulty if you want full refund. 

We got a diagnostics test done and shared with the dealer. Informing us DPF and EGR valve are the potential culprits. Dealer refused to accept report saying its from a NON VAT registered company. 

We took car to the manufacturer dealership service station , they did a detailed test and informed us the same problems that the first diagnostics company told us . Also gave us evidence of CV boot split . 

Sent it to the company. They totally ignored the second diagnostic report too, told us they got MOT done , its passed and nothing wrong with the car . Offering us 95% refund. 

We have tried explaining that MOT has nothing to do with the faults in the car . Car was faulty at the point of sale and that is why it wasnt able to be driven even once since we brought it home. ( also advisory from both diagnostics reports was not to drive until repaired ) 

Car dealer is not admitting the problem , how to proceed from here? 

Many thanks 

Car_54

I'd be inclined to grab the 95% refund.

Grumpy_chap

Rozen100 said:

Hi All, 

Help me please. 
I bought a second hand car. Test drove it for 20 mins , spent 30 more minutes ensuring all the insides etc and car sensors were working. Within hours thick black smoke and stink started coming out of the car exhaust. The dealer was informed and he said you have to prove car is faulty if you want full refund. 

We got a diagnostics test done and shared with the dealer. Informing us DPF and EGR valve are the potential culprits. Dealer refused to accept report saying its from a NON VAT registered company. 

We took car to the manufacturer dealership service station , they did a detailed test and informed us the same problems that the first diagnostics company told us . Also gave us evidence of CV boot split . 

Sent it to the company. They totally ignored the second diagnostic report too, told us they got MOT done , its passed and nothing wrong with the car . Offering us 95% refund. 

We have tried explaining that MOT has nothing to do with the faults in the car . Car was faulty at the point of sale and that is why it wasnt able to be driven even once since we brought it home. ( also advisory from both diagnostics reports was not to drive until repaired ) 

Car dealer is not admitting the problem , how to proceed from here? 

Many thanks 

What exactly are they saying in regards to the 95% refund?
If that is to return the car and close the case, how much of an absolute loss is that?  You have not mentioned the value of the car purchased.
It is not correct in terms of consumer rights but, if the 5% loss is a tolerable sum (in absolute terms), that may be worth cutting your losses.

Rozen100

Grumpy_chap said:

Rozen100 said:

Hi All, 

Help me please. 
I bought a second hand car. Test drove it for 20 mins , spent 30 more minutes ensuring all the insides etc and car sensors were working. Within hours thick black smoke and stink started coming out of the car exhaust. The dealer was informed and he said you have to prove car is faulty if you want full refund. 

We got a diagnostics test done and shared with the dealer. Informing us DPF and EGR valve are the potential culprits. Dealer refused to accept report saying its from a NON VAT registered company. 

We took car to the manufacturer dealership service station , they did a detailed test and informed us the same problems that the first diagnostics company told us . Also gave us evidence of CV boot split . 

Sent it to the company. They totally ignored the second diagnostic report too, told us they got MOT done , its passed and nothing wrong with the car . Offering us 95% refund. 

We have tried explaining that MOT has nothing to do with the faults in the car . Car was faulty at the point of sale and that is why it wasnt able to be driven even once since we brought it home. ( also advisory from both diagnostics reports was not to drive until repaired ) 

Car dealer is not admitting the problem , how to proceed from here? 

Many thanks 

What exactly are they saying in regards to the 95% refund?
If that is to return the car and close the case, how much of an absolute loss is that?  You have not mentioned the value of the car purchased.
It is not correct in terms of consumer rights but, if the 5% loss is a tolerable sum (in absolute terms), that may be worth cutting your losses.

Thanks Grumpy, 

Total value of the car was £7550. 
We incurred costs of £400 on top , to obtain the two independent Diagnostics reports 

They are offering us £7000 in refund. 

Car was SORN since day one of buying it. 
it was only taken to the nearest Manufacturer dealership ( less than two miles ) we paid for a tow truck. 

Dealer since day one is insisting: 
-We are lying to him 
- our video evidence and two diagnostics reports are totally being ignored by him
- He is using a company to get his MOT's ( produced two reports ) and an emissions test . All passed. But Car manufacturer's diagnostic report is showing £4000 worth of works to be done on the car before being driven. 
- he has offered us £7000 since the beginning . 
- he keeps referring to CRA 2015.  
- We provided him opportunity to take pics of the car before collecting to get the car checked but he didnt take the pics . Same day he told us there was a damage near the car jacking point which goes against the CRA that we didnt return the car in the same condition as bought ! We told him his own delivery man would have caused it coz we never really drove the car not was it hooked on to anything . 

I hope this gives ample info . I am really very grateful for all your kind advise and help . 

jimjames

Take the money and then issue small claims against the dealer? If you start that to get your full money before getting anything then you may be a long time getting anything back. Some dealers know they will deter most people with the sort of response you've had, in some ways you're lucky you've had any refund offered.

Grumpy_chap

If main dealer says £4k to fix, it's going to be at least £2k wherever you go.
Accept the £7k refund and return the car.
Once you have the money back, decide what you wish to do about seeking recovery of the balance.  It may mean small claims court.  If you paid anything by credit card, S75 may be an option.
If the dealers requires you to sign a "full and final settlement" statement to get the refund, that might impact future options.

FlimFlam01

This looks like a complete farce to be honest.  It's up to the dealer to prove if it's under 6 months since you bought it.

In your case, just take the 95% and cut you loses, how did you pay for the car?  Any portion of it paid on a credit card, or even a debit card?

chrisw

I would take the refund, remove the stress and hassle and be thankful that you've probably dodged a bullet which could have been a pain for years to come.

Stateofart

Did you pay on credit card?  Take the money and chargeback the rest through a section 75.   

Rozen100

FlimFlam01 said:

This looks like a complete farce to be honest.  It's up to the dealer to prove if it's under 6 months since you bought it.

In your case, just take the 95% and cut you loses, how did you pay for the car?  Any portion of it paid on a credit card, or even a debit card?

Thanks Flim , as per CRA2015 , the evidence needs to be presented by the buyer. Debit card payment but banks are foolish and totally on the side of the businesses. Charge back failed despite strong evidence . I gave two independent Diagnostic reports and they gave MOT pass certificates.