Returning a used vehicle after 17 days

[labman]

Re: Returning a used vehicle after 17 days

Totally agree with you. Where the law is clear, use it. Where there are grey areas, seek to clarify. In ny case, Trading Standards are the first port of call here if the garage continue to be less than co-operative.

[miliitant]

Re: Returning a used vehicle after 17 days

totally agree

confirm all avenues first as life has a habit of biting back

[mystery1]

Re: Returning a used vehicle after 17 days

Mystery SOGA Section 75 only covers credit cards I believe. Debit cards are covered under chargeback.

http://www.financial-ombudsman.org.u...itcards-31.htm

John,

I would telephone your Trading Standards tomorrow to clarify the situation. It does seem ridiculous that you have to give them three chances to repair the vehicle after only 17 days, but they will give you a definitive answer far better than we can.

Debit cards are not covered, correct.

The £2.5k he paid is good enough for s75 though and it covers everything.

http://www.legislation.gov.uk/ukpga/1974/39/part/VI

Part VIMatters Arising During Currency of Credit or Hire Agreements

75Liability of creditor for breaches by supplier.

(1)

If the debtor under a debtor-creditor-supplier agreement falling within section 12(b) or (c) has, in relation to a transaction financed by the agreement, any claim against the supplier in respect of a misrepresentation or breach of contract, he shall have a like claim against the creditor, who, with the supplier, shall accordingly be jointly and severally liable to the debtor.

(2)

Subject to any agreement between them, the creditor shall be entitled to be indemnified by the supplier for loss suffered by the creditor in satisfying his liability under subsection (1), including costs reasonably incurred by him in defending proceedings instituted by the debtor.

(3)

Subsection (1) does not apply to a claim—

(a)

under a non-commercial agreement, F1. . .

(b)

so far as the claim relates to any single item to which the supplier has attached a cash price not exceeding [F2£100] or more than [F3£30,000][F4, or]

[F5(c)

under a debtor-creditor-supplier agreement for running-account credit—

(i)

which provides for the making of payments by the debtor in relation to specified periods which, in the case of an agreement which is not secured on land, do not exceed three months, and

(ii)

which requires that the number of payments to be made by the debtor in repayments of the whole amount of the credit provided in each such period shall not exceed one.]

(4)

This section applies notwithstanding that the debtor, in entering into the transaction, exceeded the credit limit or otherwise contravened any term of the agreement.

(5)

In an action brought against the creditor under subsection (1) he shall be entitled, in accordance with rules of court, to have the supplier made a party to the proceedings.

M1

[labman]

Re: Returning a used vehicle after 17 days

Debit cards are not covered, correct.

The £2.5k he paid is good enough for s75 though and it covers everything.

But S75 does not cover cash I don't believe or Debit Cards. The £2.5K was partly debit card and either cash or part ex - sorry I haven't re-read the thread this morning.

If this is the case, S75 would not come into play. Apologies if I'm misreading or misremembering from last night! :beagle:

[mystery1]

Re: Returning a used vehicle after 17 days

But S75 does not cover cash I don't believe or Debit Cards. The £2.5K was partly debit card and either cash or part ex - sorry I haven't re-read the thread this morning.

If this is the case, S75 would not come into play. Apologies if I'm misreading or misremembering from last night! :beagle:

Value of my part ex was £16k then £2.5k finance and £1k visa debit transaction

John

M1

[labman]

Re: Returning a used vehicle after 17 days

Pride duly swallowed!

[bluebottle]

Re: Returning a used vehicle after 17 days

I'm currently chasing this up with an Audi mechanic. Could the OP please PM me the registration number of the vehicle?

[bluebottle]

Re: Returning a used vehicle after 17 days

Okay. Spoke to Audi mechanic. There are four possibilities -

1. The vehicle has been poorly-maintained; or
2. The vehicle has not been serviced in accordance with the manufacturer's service schedule; or
3. The vehicle has been 'clocked', i.e. the mileage recorder has been tampered with and wound back; or
4. The vehicle is a 'ringer', (potentially dodgy).

Check the VIN (Vehicle Identification Number) and check it against Audi's database. Also, check the engine number. Again, check this against Audi's database. If there are any signs that suggest a number has been obliterated and a new number stamped on, this might suggest it is a 'ringer', in which case, notify your local Trading Standards and Auto-Crime Unit of your local police force at once. You should also check the vehicle's MOT history against records held by VOSA. This can be done via the Gov.UK website (formerly DirectGov).

[labman]

Re: Returning a used vehicle after 17 days

I'm a bit concerned we're getting sidetracked here. Can we not just concentrate on getting the OP his money ack and rejecting the car as he wants to do.

[bluebottle]

Re: Returning a used vehicle after 17 days

I'm a bit concerned we're getting sidetracked here. Can we not just concentrate on getting the OP his money ack and rejecting the car as he wants to do.

The first three items in my last post should give goods grounds for rejection. The last item is a possibility. If the dealer has falsely described the vehicle, TS will jump all over them.

[Galahad]

Re: Returning a used vehicle after 17 days

Okay. Spoke to Audi mechanic. There are four possibilities -

1. The vehicle has been poorly-maintained; or
2. The vehicle has not been serviced in accordance with the manufacturer's service schedule; or
3. The vehicle has been 'clocked', i.e. the mileage recorder has been tampered with and wound back; or
4. The vehicle is a 'ringer', (potentially dodgy).

Check the VIN (Vehicle Identification Number) and check it against Audi's database. Also, check the engine number. Again, check this against Audi's database. If there are any signs that suggest a number has been obliterated and a new number stamped on, this might suggest it is a 'ringer', in which case, notify your local Trading Standards and Auto-Crime Unit of your local police force at once. You should also check the vehicle's MOT history against records held by VOSA. This can be done via the Gov.UK website (formerly DirectGov).

VOSA history for MOT records won't cover the full duration of that cars age, first three years are gratis, so only checkable mot history is three years after.

However, its unthinkable that this Audi wouldn't have spent its first three years outside of Audi dealers, so going direct to Audi (any dealer will do, they share details on computer), and getting as much history as possible from them.

Frankly, that all sounds like a waste of time, the catalytic converter should NOT be failing on a car of this age, I use a battered old L reg Astra for menial tasks, its STILL on its original catalytic converter, and I happen to know that the Audi/VW ones are equally as durable.

Is it a Diesel? Does it have the DPF system on it? Has all servicing and fluid intervals been followed, either way, the cat should not fail on that young a car, and the cost of replacing that singular part is extortionate for that vehicle, and for it to 'randomly' fail, presumably when it has considerable duration of MOT left would mean it was pushed through the emissions using another car.

He simply has grounds to reject the car on the short time he's had it, and the prohibitive costs of fixing.

I'd be interested to know what else it failed on.

[bluebottle]

Re: Returning a used vehicle after 17 days

Wiper blades, apparently.

[labman]

Re: Returning a used vehicle after 17 days

He simply has grounds to reject the car .........

Exactly - why the need for prolonged debate?

[sarebear]

Re: Returning a used vehicle after 17 days

Hi all,

Had a day on the phone today! trading standards are saying they cannot do anything with the dealer as the finance company own the car. I then called Santander who the finance is with and the guy there was extremely helpful. They now take up the debate with the dealer. I have sent Santander a full breakdown of the issues as described on here. He did claim the 3 attempts to fix but once I mentioned solicitors he did say I have the right to full refund. The dealer hasn't replied to my rejection letter as I guess he now thinks its Santanders problem even though I own the majority of the cars value. Thanks for the info on what could be wrong with the car and why. To be honest thats there problem, the car is not fit for purpose hence why i am rejecting it. If the car was a ringer or clocked etc Audi would have highlighted it to me when they had the car for 6 hours last week. Thanks again for your views. Its keeping me going!!

John

[sarebear]

Re: Returning a used vehicle after 17 days

Still no money back. The dealer is now being difficult with Santander. They are chasing it with the broker now. Looks like this might be heading for court. Not what I wanted to do.

John