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Used car approved dealer -car rejection

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Hi all, 

looking for advice. I purchase a new used car from approved dealer. Most matters were verbally agreed that the paint chips would be touched up, service, mot, mpc check, hire contract confirmation ended on collection. I was advised it had full service history (at this point it did not but apparently later provided shich i have doubts over). Deposit paid on this basis. 

My car was having issues i was desperate to get rid. I was honest about the issues and agreed to part ex. 

I told dealer on collection day i couldnt make it due to health issues and that id be in on bank holiday monday. 

1. When i arrived car couldnt be fully inspected due to dust/dirt layer i noticed number of dings/scratches and since told its used car. 
2. MPC/service work/hc wasnt provided for inspection. mPC/service was locked away in the service office and this would be sent the next day. 
3. Test drove two vehicles noted one broke better than the one i purchased. Made comment if any works were done but these were locked away when we returned. 
4. HC no information on whether hire was settled. 
5. Told most likely its ex business managers car but have later found insurance terms allows use of anyone (misselling verbally). 
6. Sales tactics couldnt provide information but repeatedly said were approved dealerwork has been done. When i went to pay i couldnt make a bank transfer so requested use of the chip and pin. Told no due to charges theyf get then said well deliver ill pay and provide the work. I was then allowed to use the card machine all of a sudden. 
7. On way home brake starts juddering car takes a while to come to a stop and i have had seceral near misses. 

Obviously i was stupid its been a rough couple of months and i just think everything came to a head at that pount. was desperate for the car as we are single car family i should of just walked. Naviely believed the approved dealer. 

No response to providing outstanding info on  as agreed (i did get a letter to confirm this) . So i escalated it with the manufacture who has got someone to work with me in the executive team but they are dodging him as well although this opened discussions. 

8. Information provided after 3 days. Inaccuracies in mpc i.e checks yes to issues im having, suggests MOT expiry of 2 years and completely different date i think theyve used a different report and fudged it. I have had no response to my commence since thursday. 
9. They say they performed brake fluid/disc and pads and air filter changes (not oil change i requested). So potentially issue with installation i did not have knowledge they did dics/brake fluid on purchase. the discs does look new at the rear but this is a 1.5-2 hour job as i have an mot time stamp so any works to the brake fluid system would be after MOT if it was completed. 
10. Ran manufacuture service search and as of today 9 days later there is no record of service works they suggest being done. 

As i didnt have information when purchasing the car i doubt the credibility of anything they are saying. 

Due to the uncomfortableness i paid a 250 payment on my credit card. Ill be speaking with the bank tomorrow. 

What is my recourse here. I have drafted a letter to reject the vehicle on brakes. But due to the lack of checks and balances being done im concerned they will refuse rejection and say brakes are fine. 

Im heard mix reports over third party assessment as they are not dealer approved mechanics/ could also discharge the responsibility of the dealer if they affect anything. Service manager called to suggest using RAC to assess the breaks and when i said you re responsibile and they are third party he went sheepish. 

Mis-selling points are large i was not provided information to make an informed decision. Paperwork does not match up due to inaccuracies, and is not live on the manufactures database suggesting they might of give me a fake service sheet. It sounds like im going nuts but its all just very suspect. 

If they do not accept the refusal where do i go. Do i go to trading standards/escalate under unfair trading rules. 

Can contract be terminated as they didnt provide information that is typically used As part of an approved dealer purchase and is now questionable?

What is the burden of proof within the first 30 days as its just simply me saying these brakes arent fit for purpose after near collisions. Any advice is appreciated. 

Comments

  • Aylesbury_Duck
    Aylesbury_Duck Posts: 15,674 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I'm amazed you continued to drive it after the first brake problem caused a near miss.  You shouldn't have had several more.

    To cut a very long story short, you want to reject the car on the basis the brakes are in a dangerous condition.  Return the car, hand over the keys and tell them in writing that you're rejecting it because they've sold you an unroadworthy and unsafe vehicle.
  • Clownfish68
    Clownfish68 Posts: 42 Forumite
    Sixth Anniversary 10 Posts
    That is my plan. I drove home 150 miles and the delay in brakes continued thr next day. Since then i have not touched car. But have had no aftersales service due to avoiding my calls. Ive had one from the mechanic a brief call and managed to get through on sayurday to the sales manager. 
  • born_again
    born_again Posts: 20,377 Forumite
    10,000 Posts Fifth Anniversary Name Dropper
    edited 13 May at 9:23AM
    Hi all, 

    looking for advice. I purchase a new used car from approved dealer. Most matters were verbally agreed that the paint chips would be touched up, service, mot, mpc check, hire contract confirmation ended on collection. I was advised it had full service history (at this point it did not but apparently later provided shich i have doubts over). Deposit paid on this basis. 

    My car was having issues i was desperate to get rid. I was honest about the issues and agreed to part ex. 

    I told dealer on collection day i couldnt make it due to health issues and that id be in on bank holiday monday. 

    1. When i arrived car couldnt be fully inspected due to dust/dirt layer i noticed number of dings/scratches and since told its used car. 
    2. MPC/service work/hc wasnt provided for inspection. mPC/service was locked away in the service office and this would be sent the next day. 
    3. Test drove two vehicles noted one broke better than the one i purchased. Made comment if any works were done but these were locked away when we returned. 
    4. HC no information on whether hire was settled. 
    5. Told most likely its ex business managers car but have later found insurance terms allows use of anyone (misselling verbally). 
    6. Sales tactics couldnt provide information but repeatedly said were approved dealerwork has been done. When i went to pay i couldnt make a bank transfer so requested use of the chip and pin. Told no due to charges theyf get then said well deliver ill pay and provide the work. I was then allowed to use the card machine all of a sudden. 
    7. On way home brake starts juddering car takes a while to come to a stop and i have had seceral near misses. 

    Obviously i was stupid its been a rough couple of months and i just think everything came to a head at that pount. was desperate for the car as we are single car family i should of just walked. Naviely believed the approved dealer. 

    No response to providing outstanding info on  as agreed (i did get a letter to confirm this) . So i escalated it with the manufacture who has got someone to work with me in the executive team but they are dodging him as well although this opened discussions. 

    8. Information provided after 3 days. Inaccuracies in mpc i.e checks yes to issues im having, suggests MOT expiry of 2 years and completely different date i think theyve used a different report and fudged it. I have had no response to my commence since thursday. 
    9. They say they performed brake fluid/disc and pads and air filter changes (not oil change i requested). So potentially issue with installation i did not have knowledge they did dics/brake fluid on purchase. the discs does look new at the rear but this is a 1.5-2 hour job as i have an mot time stamp so any works to the brake fluid system would be after MOT if it was completed. 
    10. Ran manufacuture service search and as of today 9 days later there is no record of service works they suggest being done. 

    As i didnt have information when purchasing the car i doubt the credibility of anything they are saying. 

    Due to the uncomfortableness i paid a 250 payment on my credit card. Ill be speaking with the bank tomorrow. 

    What is my recourse here. I have drafted a letter to reject the vehicle on brakes. But due to the lack of checks and balances being done im concerned they will refuse rejection and say brakes are fine. 

    Im heard mix reports over third party assessment as they are not dealer approved mechanics/ could also discharge the responsibility of the dealer if they affect anything. Service manager called to suggest using RAC to assess the breaks and when i said you re responsibile and they are third party he went sheepish. 

    Mis-selling points are large i was not provided information to make an informed decision. Paperwork does not match up due to inaccuracies, and is not live on the manufactures database suggesting they might of give me a fake service sheet. It sounds like im going nuts but its all just very suspect. 

    If they do not accept the refusal where do i go. Do i go to trading standards/escalate under unfair trading rules. 

    Can contract be terminated as they didnt provide information that is typically used As part of an approved dealer purchase and is now questionable?

    What is the burden of proof within the first 30 days as its just simply me saying these brakes arent fit for purpose after near collisions. Any advice is appreciated. 
    So.
    How old is the car, what mileage, make model?
    How much has it been driven by you?

    Approved dealer, by who?

    3. As you test drove 2, why not pick the one that did brake better?

    5. Hardly misselling, as it will have been a company car.

    8. M OT check online on goverment site.

    9. If it passed MOT on brakes, then no need to change them. So guessing that they were changed before if they are new.

    10. Not all manufactures have databases of services. If they do they might not list servicing done at 3rd party.


    Life in the slow lane
  • Alderbank
    Alderbank Posts: 3,895 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper
    You talk about mpc, which is a multi-point check term used by Audi.

    Is this new thread about your 5 year-old Audi Avant with 46K miles on the clock which you bought last week? If so, it would have been helpful if you had just continued your earlier thread instead of starting a new one.

    You say you could see that new pads and discs had been fitted, and on your 150 mile drive home they developed a judder.

    New brakes need to be 'bedded-in' when first fitted. This means careful smooth, progressive braking for at least 300-500 miles, in order to ensure that an even layer of friction material is deposited on the discs. Failure to do that causes the new discs to be unevenly coated with friction material and this results in judder when braking as the coated and uncoated areas pass through the calipers.

    You say the service manager told you to have the brakes checked by the RAC as the dealership is 150 miles away from you. I think that is good advice.
    The RAC are independent of the garage you bought from. If there is a fault with the new brake parts fitted they will identify these so that you can negotiate repair with the seller, but brake components are very unlikely to be sufficient grounds for rejecting a 5 yr old car.
    But in all likelihood they will explain that the judder has developed due to driver error and will advise you how to bed the brakes in safely.
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