Problems with Cars and car dealers, getting a repair or return for a faulty car

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[@of-qo9nv]

Been through the entire horrendous process and learned much about just how difficult, stressful, and long winded trying to use, much less "enforce" ones Consumer Rights actually can be (mostly always is). I STRONGLY recommend that any person making a large purchase such as a car get everything that was agreed with the Salesperson written down in the Contract /Bill of Sale. Having suffered badly in the past trying to enforce my rights this saved me from another potentially bad experience and made walking away from a purchase / rejecting a non compliant goods easy when they did not comply with Contract. Basically what had been agreed at sale was simply that the car have a fresh MOT placed on it and receives a full service with a Dealer stamp in the book prior to collection. They failed to put a fresh MOT on the car, nor serviced it, and tried to say that was not agreed. The words "to be supplied with 12 months MOT and full Dealer Service" written clearly on the invoice killed that argument and because of their bad attitude I decided not to give them any opportunity to try again, I rejected the goods and walked away. In summary, get everything agreed between parties in writing (your wallet and sanity will thank you. 😊)

[@alexmarshall4331]

ABSOLUTELY MATE!!!

[@karlmargerum2895]

Good advice for sure. I have always found paying by credit card to be vital in most cases. Threatening the full might of mastercard or visa on a vendor often gives the desired results as mastercard will take the battle off your hands for the most part. However as you mention it still takes ages! I have used this a number of times on small and large vendors who are playing up over me rejecting an item. A second hand car however......that's gonna be a battle!

[@simonpeace]

"spontaneously combust ... and that could be dangerous" - I love lawyer understatement !

[@jaywalker1233]

@Simon Peace I can see Homer Simpson’s face behind the steering wheel, happily singing The Wheels On The Bus with the family as the car hurtles along the motorway… and then spontaneously combusts🤣

[@clivewilliams3661]

Whilst the Act acknowledges that the 30day rejection period is on hold, one area that is of great concern is the time taken to repair defects (outside of the 30 days) and the effect in particular on financing and warranties. Cars in particular now can be taken back for essential work and owners can find that the parts to rectify the defect are simply not available and they could be without their vehicle for months, with at best only a low grade base model courtesy car as an interim substitute. If the vehicle was paid for by a loan then the finance charges and commitment to pay will continue even though the vehicle cannot be enjoyed by the customer (specific vehicle finance is different). Also, the time that the vehicle is in for repair is never added onto the warranty period even though it can be months before it is returned. This is wholly inequitable situation for any product let alone a car that can be worth a whole year's salary to an individual.

[@jaywalker1233]

@Clive Williams Good points. As ever it’s always about the details like you raised

[@Gingerharry2011]

I was able to reject a car last year, luckily I'd paid some of the price on a credit card so could reject to the credit card company under section 75. Definitely pay something towards a vehicle purchase on credit. You get protection on the full purchase price

[@jaywalker1233]

@Jan That’s a brilliant tip! I guess the easiest way is to pay the deposit on c/card which would not raise any concerns with the dealer and should be well within everyone’s c/c credit limit

[@abgs4557]

I tried to reject a Ford they wasn't having it I had problem with my turbo 1.0 it had been in the garage over seven times would I be able to do somthing after I had enough and sold the car

[@MrCakerape]

My exhaust fell off days after buying it, took it straight back and told them to fix it and they did a shit job that caused it to fall off again. Took it back again and got a full new exhaust system for free

[@cazyaz523]

I bought an approved used hybrid last August. It was a lemon. Eventually I started the rejection process through the finance company. It took 56 days but they upheld my complaint in full. The finance company accepted liability and collected it last week. I’m just waiting for my money back. Didn’t enjoy the procedure but it worked. Obviously I rejected the car well outside 30 days. By last Weds I’d had the car 8 months. I started the rejection process in January.

[@AMS-KORRE]

I am currently going through this with a car that I paid for. I've throw CRA 15 at them and they are just plain ignoring me. I know for a fact they are not going to refund me the money in 14 days of my right to reject wish I could just go straight to court because imo I think they think I will just let it go

[@thepuddingwaggon1749]

This video is such a tremendous saviour and know now I’m not cracking up and I am being mugged off By the car dealer Thankyou thankyou thankyou

[@joseyrobinson144]

Thank you for taking the time to put this together. I am preparing to initiate small claims court proceedings against a dodgy used car dealer, but I cannot afford legal representation so videos like this one are very useful.

[@davidbowen60]

Thanks for your reviews on the law very interesting 👍🇬🇧

[@baconfang6145]

I take it as it was clear cut as you stated they got the refund which was owed. including legal fees payed for as it was over 90k. You know the human mind is built to be curious we have to know.

[@danielfarnell2708]

I'm having issues with a 20k used car which has clearly had at least 1 low speed collision which was undeclared leaving it with poor guilty repair work and outstanding damage. I have a meeting on Wednesday with the dealership and I'd like to thank you for this this video which has helped me get my arguments clear in my head.

[@KarrierBag]

I have only ever sold one vehicle on and that was because I didn't need it and it was in very good condition. Every other vehicle (cars, trucks, buses) I have stripped and sold as parts and made much more money than selling on as an 'on the road' vehicle and not had to worry about selling one and some problem arrising from it.

[@clivewilliams3661]

The parts that you sell still have to be merchantable quality.

[@KarrierBag]

@@clivewilliams3661 oh yes I know that, I also specialise in a particular vehicle and never sell on anything I wouldn't use myself.

[@myknowledgespiral]

What about the insurance you pay in the meantime? If they don’t accept the vehicle back within the 14 day cooling off period for the insurance refund

[@seaclouds]

I bought a van for personal use to convert into a camper. It broke down after driving just 300 miles and within 30 days. The dealer ticked a little checkbox on the contract that states I bought the vehicle for 'commercial purposes', he didn't mention this and I didn't notice it. He is now saying the CRA2015 does not apply as I am a trader, not a consumer, even though the insurance documents, method of payment, logbook prove I am a consumer. I don't even own a business. Should I fight this in the small claims court?

[@AMS-KORRE]

Yes

[@IIparkyII]

Im currently going through allowing the delearship to repair a car which id had 3 months. I had the vehicle in a local garage to me and they gave the dealer a quote, they didnt like the figure and said they want to repair it themselves which i know is their right, however ... they asked me to drive it to them which i refused as it its 100 miles exactly away from my house ans wouldnt want to damage the vehicle further by driving it with engine faults. They have agreed to collect the vehicle or recover it as i understand it to repair it but this is where my problem starts. After the repairs are done ive been told they are not legally obliged to return it to me or to the location they collect it from but i cant collect it from 100 miles away as ive no way of getting there! Surely this shouldnt be at my inconvenience or expense? It wouldnt be back with them if it wasnt faulty

[@baronvonchickenpants6564]

My sister took her perfectly running car to a garage for a service and a timing belt, now it won't start, they say its either the sump or the crankshaft (utter rubbish) and it could b expensive! Being a mechanic myself i think they've either damaged it or trying to pull a fast one because she's a woman, surely its down to them to put it back in the condition it arrived in

[@MrMaerok]

Please please do something on statutory rights on large purchases for long periods! I have a 2nd hand car that we bought 3 years ago and the gearbox has failed on very low mileage (1/4 of that of the design life of the gearbox) and we have asked the 2nd hand seller to pay the repair bill under 'not fit for purpose'. We are low income so I have to do the claim myself through small claims but am worried about what to put under reasons and don't want to get the point of law wrong. A video covering statutory rights after long periods and how to follow through would be really useful. (I have watched your small claims video thank you for that!).

[@craigbrannan9734]

Firstly, you should check if the car has any remaining warranty or if the issue is covered by any insurance policy. If not, you can proceed with making a claim under the Consumer Rights Act 2015. Under this act, you have the right to claim that the car was not of satisfactory quality, fit for purpose or as described at the time of purchase. As the gearbox has failed on very low mileage, it is likely that the car was not of satisfactory quality when you bought it. To make a claim, you should write a letter to the seller explaining the issue and requesting that they cover the cost of the repair. If they refuse, you can proceed with a small claims court action. The government website has detailed information on how to make a small claims court claim and what to include in your claim form. You may also want to seek advice from a consumer rights organisation such as Citizens Advice Bureau or Trading Standards to ensure that you are following the correct legal procedures. It is important to keep any evidence that you have, such as the car's service history and any communications with the seller, as this may be used as evidence in court. Overall, it is important to remember that you have legal rights as a consumer and should not be afraid to pursue a claim if you believe that you have been sold a faulty or misdescribed product.

[@MrMaerok]

@@craigbrannan9734 Hi and thanks. There is no remaining manufacturers warranty that I'm aware of but I will check. I have exchanged letters with them explaining that i dont think it was fit for purpose and they have written back to say basically tough. My problem is exactly what i fill in on the small claims form as I don't want to put the wrong thing and have the court throw it out because i made a mistake with the initial form. I have made an appointment through Citizens advice with a local free law service but apparently they can take a month or so to have a free space. Do you know if there are any examples anywhere online of completed small claims forms with this type of claim?

[@MrMaerok]

@@byteme9718 thanks for the input but really looking for law facts not opinions.

[@Xxj-y1n]

Surely where towing a caravan is concerned what weight a car will tow is in the cars specs?

[@timross1810]

The law regarding a car dealer selling a car with outstanding finance is quite topical. I'm aware of a situation where a car dealer took a deposit for a car that was hpi as outstanding finance. And when it was subsequently confirmed the bank had an interest in the vehicle the dealer continued to try and get the remainder of the balance. Maybe this is not uncommon.

[@philip9796]

My family member bought a second hand car for £16k and after 4 months (3400 miles) the clutch failed. A clutch should last 30k to 100k miles but the car had only 26k on the clock. Took the car in for free repair then whilst the car was in pieces they said that will be £2,500 please. Now they hold the car in lieu of payments. They forced her to accept to pay whilst the car was in pieces which is an unfair contract, not sure now if I can call the police?. Otherwise i have contacted motor ombudsman (6 months delay time), trading standard, and FCA. They only option at this point is too reject the car and get a full refund. oh I forget to say I got her driver history showing no issues with replacement clutch I.e she does not ride the clutch.

[@towkukus]

What about buying a used car and finding issues within 6 months. Dealership is talking about their warranty certificate T&C. Can their warranty say that diagnostics is paid by me? Isn't that against the 2015 act?

[@michaelcoghlan9124]

Thank you very interesting have a great week. Michael

[@BlackBeltBarrister]

Thanks, Michael - you too!

[@stephen_101]

Really appreciate your work, thanks for taking the time to explain.

[@JungleJeffarnold]

My Lexus is 19 years old the only problem is rust 😂 I'm determined to keep it alive till there's no fuel . . .

[@Equiluxe1]

I have seen several reports recently that it is now not legal to weld up damage to bodywork but have not been able to find anything definitive on this issue.

[@Equiluxe1]

@@byteme9718 I was not claiming that this is the case as the MOT rules say that if a panel was spot welded by the manufacturers then any replacement must be spot welded, plug welded or stitch welded but a patch cut in mus be fully seam welded. What I was asking is there are a lot of people claiming things like a weld repair is no longer allowed and reports of vehicles failing tests due to things like holes for power cables on electric conversions drilled in panels and being failed and then getting told they cannot weld the hole in. What I cannot find is if there is some obscure new regulation pertaining to this, I know there was talk of new laws regarding vehicle modification and only repairs being made using OEM parts.

[@dcarbs2979]

Interesting. Although this is more consumer who wants 'mere' transport by the sound of it. How do classic cars fare from traders when both parties know there are defects (or in some cases not even complete)? e.g. bought as a project, which could range from a bare shell to a 'rolling resto' (a shabby but roadworthy vehicle). Clearly cars that are incomplete or otherwise cannot be driven are not 'fit for purpose' in the legal consumer rights sense described here, but can still be happily bought by the consumer who wants to repair it or drive as is in the case of the rolling resto. Does the buyer have any of the consumer rights left?

[@gohrt9139]

A good topic something I was not aware of very interesting thank you

[@pril250]

if rejected on the 29th day am I right in thinking only one day remains to exercise my right to reject after being put right?

[@BlackBeltBarrister]

Correct

[@lauriebarnaby7132]

@@BlackBeltBarrister Something about 7 days after the waiting (repair period ?) ends ? Section 22 (8)

[@simonsepic]

Man I wish I had you guiding me atm. Company sold me a shed which has an 8inch gap in rhe door and they are saying I built it wrong. I'm not an idiot 8inches isn't just me budding it wrong. So annoying😢

[@craigbrannan9734]

You need to seek the opinion of a builder/carpenter (someone who specialises in that field) and get their opinion in writing. Make sure it's someone impartial. Put the evidence before the company and see what they say. If they still refuse a refund either in part or whole, then you need to submit a claim in the County Court. Make sure you photograph the evidence and keep all correspondence from the seller, record all phone calls, and transcribe them so you can quote them word for word. You're covered if it's either not as described or not of satisfactory quality.

[@simonsepic]

@@craigbrannan9734 I just contacted a local carpenter to come over and look. Thank you

[@simonsepic]

A quick update if anyone can advise again. I have told them I'm having an expert look at it but I also realised how to prove my point to them which I now have. Now they are saying they will send out a replacement door and front section of the shed. My question is where do I stand with this as I'm being told to take apart the current panel and door so they can drop off the replacement. That's so much work considering they said that I need ti have it ready to collect at the same time as they drop off the new part. It's very frustrating when this wasn't my mistake

[@craigbrannan9734]

@simon sivil unfortunately mate as far as I'm aware you can't do anything but dismantle the parts they've told you too. As long as it's not going to cause damage to the overall structure by doing so. You should also push for a partial refund for compensation for the time taken to fix the issue but they don't have to issue any compensation because they've given you a fair resolution, albeit a pain.

[@simonsepic]

@@craigbrannan9734 final update. I'm getting sone sort of a refund as I contacted then today explaining that I don't know how I'm going to take it apart without damaging the shed, on top of that I have bicycles I can't gave exposed to the rain. So big thank you for taking the time to guide me :)

[@lozzaridesemtb]

if you raised the issue within 30 days, allowed the dealer to try and fix the vehicle and they couldn't fix it after say 4 months, do you still have the right to reject the vehicle because you raised the issue within the first 30 days

[@autistonaut]

I would say so, especially if the dealer acknowledges there is a fault. I would also say as long as you have documented your initial communication, you would be covered, or at least I hope so.

[@st3fan0s]

I am trying to reject a brand new car due to misaligned panels across the entire car. I reported it 2 days after collection but they are dragging me around for 2 weeks already not accepting the return. If back and forth communication continues over the 30 days period what happens in that case? Does that count that I didn't reject it in time and 30 days short term rejection doesn't apply to me anymore? The finance company said that the dealership has to cancel the contract with them, I can't just drop the car off at their lot.

[@alexmarshall4331]

This is why I subscribe to BBB...EXCELLENT VIDEO☆☆☆☆☆

[@Ryan___0]

Is it correct that after the 30 days the right to refuse ends and is replaced by a duty on the dealer to repair any pre existing faults or faults that would not be expected to arise for 3 months? I have a friend that has bought a used car and on day 31 the clutch has failed (as far as we can tell), would the dealer be obliged to repair this? As it seems they are trying their best to wash their hands of it.

[@marciapowell8102]

Do I have to get a mechanic to diagnose the problem. An auto mechanic has quoted £80 to diagnose

[@crystal1663]

Hi , bought a second hand car 2016 from auto trader 6 weeks ago , knocking noise and engine fault message after four weeks getting worse , what are my consumer rights please ? I’m gutted and can’t afford to lose 6k in 6 weeks ! I want a full refund as my anxiety just doesn’t trust the car now at all .

[@hoobsgroove]

That white smoke car problem was it a Mazda he had diesel? Dpf

[@steveandrew3106]

Hello. I got problem with bmw motorcycle. Called the motoring ombudsman, they said they only deal with cars and not bikes. Does that sound right?

[@Questionsarelong]

I need advice lol. Asked my dealership to fix my motorbike as it would cut out as the wiring is rubbing against my bike as iturned the steering and a few other warranty parts like the speedometer and fuel reader. In the 3 months that they had it. I had it returned with it being hardly touched, only the chain and sprockets and suspension bushing replaced. Today i had 140 bill rather small i know(red flag). So i have to walk everywhere now as it is now dangerous to ride and it is even more difficult to driving 1 metre without it cutting out completely. Luckily i was at work but the point still stands that i have been clear on what parts needed to be fixed. Please help. Im in dire need of advice. I already asked a few people to help me go through with the trading ombudsmen

[@MrGuy999guy]

I will have to go to a bailiff in order to recover a ccj. ( Car purchased from member of public not a trader ). What factors will determine if I'm successful? Thanks

[@jamesbrain3061]

What would your rights be within the first six months please?

[@ccy777]

If the car dealer and manufacturer do not fix my car under the warranty term. Can I go to independent garage to fix the problem and claim the car dealer and manufacturer the cost for fixing the problem?

[@MyJammy12]

Had 30 day warranty with my 10k car , had it 2 months and the Turbo has gone , what rights do I have

[@antoniopalmero4063]

Good information, well worth knowing .👍🇬🇧

[@Mk7-p7o]

Maybe should diagrams would have been beneficial

[@ef7480]

Priceless info I must say...

[@OrioleBeagle]

KZbinr Leto's Law specializes in lemon automobile cases in Michigan.

[@benfrisbee1762]

And is this info the same if the car was bought from a private seller on AutoTrader?

[@iqrailyas9433]

have you been scammed? because I have on autotrader😢 this dodgy private seller sold me car full of faults and made it look like it’s smooth and perfect and now I am just crying I dont know what to do with this car

[@Havanna-wk3re]

Right now I am literally in the same position as you were​@@iqrailyas9433

[@barrieshepherd7694]

I would really appreciate your views on the clocking of mileage as described in this video, and the general matter of mileage clocking which seems very easy these days kzbin.info/www/bejne/j3bVqn2bd8iaY5o This is of particular concern as it appears to be sanctioned, albeit by reason of non action, by the Police.

[@ianrs4685]

whack some concrete and newspaper in it jobs a good un

[@piomo63]

👍🙏

[@therpp9183]

CHANCES ARE THE ELECTRIC CAR BRAND IS A FAMOUSE CHINESE BRAND..CHINAS FLAGSHIP BRAND..AS THERE CARS HAVE BEEN BURSTING INTO FLAMES FOR A VERY LONG TIME .. JUST SEARCH CHINESE CARS BURSTING INTO FLAMES ON KZbin