Car purchase gone wrong…. No.2
- Thread starter wingman
- Start date
I part paid on a credit card for the legal protection, which as above, appears to be a sound move.
It wasn’t because I couldn’t afford to pay the cash.
Last edited:
Not really, the advice is to pay using finance for the protection offered.
The key thing is though, does OP have the evidence that is required to support rejecting as per the legal rights. I'd be on the phone to the credit company ASAP, before doing MCOL etc. Hopefully they will sort it all out on OP's behalf!
Last edited:
If you're going to get your condescension on at least read the thread properly first
They can be as stern as they want, but they're wrong.
Consumer Rights Act 2015
They can't claim anything for mileage/wear and tear, or whatever - if you're exercising a short-term right to reject (30 days) you're entitled to 100% of your money back.
when did it go up to 750 miles - thought it was 500 getting the car and going to Lake district ? so the braking judder problem (control arm if it turns out to be that) wasn't there initially.
sounds like you need to employ, or threaten to, a 3rd party mechanic to look over the car, like the one who favourably inspected screech's, to say problem was there at purchase,
presumably his garage will ultimately foot that bill.
sounds like you need to employ, or threaten to, a 3rd party mechanic to look over the car, like the one who favourably inspected screech's, to say problem was there at purchase,
presumably his garage will ultimately foot that bill.
Just reiterating what Screech has already said but
Following this with intrigue as our second car cost around this, looking unlikely they will keep their reputation once this is done and you stick a review in!
Following this with intrigue as our second car cost around this, looking unlikely they will keep their reputation once this is done and you stick a review in!
Had a look on MCOL last night and the £5k-£10k bracket attracts a lovely fee of £455.
I'll see what happens post Christmas, and will likely either take the car back, or accept their reduced offer.
Bearing in mind the call I had yesterday confirmed that they'd not even began to look at it yet, so I don't even know what the issues are.
The sales guy I spoke to said "yeah I've known loads of new batteries just die straight away, and that (and I quote), "Brakes are brakes", the MoT guys have said that it was all fine". I don't quite know what he meant about the brake thing, but I've not heard many stories of brand new batteries failing. I could be wrong, I'm not in the industry.
I wasn't entirely sure on the mileage, I couldn't verify since I couldn't get the dash/instrument cluster to show any information.
750 odd miles is likely about right.
They'll be getting a review once it's all said and done, for sure - they have glowing reviews, 100 plus at 4.9 average on Google, so sticking in a 1 star will likely ruffle some feathers.
I'll see what happens post Christmas, and will likely either take the car back, or accept their reduced offer.
Bearing in mind the call I had yesterday confirmed that they'd not even began to look at it yet, so I don't even know what the issues are.
The sales guy I spoke to said "yeah I've known loads of new batteries just die straight away, and that (and I quote), "Brakes are brakes", the MoT guys have said that it was all fine". I don't quite know what he meant about the brake thing, but I've not heard many stories of brand new batteries failing. I could be wrong, I'm not in the industry.
I wasn't entirely sure on the mileage, I couldn't verify since I couldn't get the dash/instrument cluster to show any information.
750 odd miles is likely about right.
They'll be getting a review once it's all said and done, for sure - they have glowing reviews, 100 plus at 4.9 average on Google, so sticking in a 1 star will likely ruffle some feathers.
Last edited:
I think diagnosis of the problem(s) is key here. What is causing the battery to die? Is it as simple as changing the alternator or does the car have a drain somewhere, what are X5s of that age like regarding electronics?
Did you ask the credit company? If they take it on then you don't have to pay the MCOL fee surely? I guess the credit company will ask you what's wrong but you don't currently know.
Do they have another car you could offer to buy instead?
Did you ask the credit company? If they take it on then you don't have to pay the MCOL fee surely? I guess the credit company will ask you what's wrong but you don't currently know.
Do they have another car you could offer to buy instead?
Last edited:
Absolutely.
You also need to be clear to the dealer, if you want to reject the vehicle - don't give them a chance to fix it, if you let them fix it - then I think you might forfeit the right to reject it. Do whats best for you - as the customer who's paying money, make sure you aim for an outcome that's going to work best, don't just give in and be left with something you don't want because it suits the dealer.
Also re Sigma's point, if I'm being honest - it doesn't sound straightforward in terms of the fault, electrical faults can turn out to be some of the most expensive problems to solve, because they often require vehicle electrical specialists to be able to diagnose them. The labour rates are much higher, there are far few places which can diagnose such things, and they typically take longer to diagnose and fix.
If a car goes "bang" that's one thing, and in a way is straightforward.. But an X5 with weird electrical problems - frankly, it sounds like a blackhole for money..
I need to read the law again but if I recall correctly you can still reject it if the dealer tries and fails to fix the fault. Especially if it's within the 30 days (right to reject).
The full legislation is here: https://www.legislation.gov.uk/ukpga/2015/15/section/20/enacted
Regarding their £1 a mile claim, section 24 is interesting:
(10)No deduction may be made if the final right to reject is exercised in the first 6 months (see subsection (11)), unless—
(a)the goods consist of a motor vehicle, or
(b)the goods are of a description specified by order made by the Secretary of State by statutory instrument.
I think I've interpreted that correctly? Although this is under 'final right to reject' not short term right to reject... I guess this is why legal advice is needed
The full legislation is here: https://www.legislation.gov.uk/ukpga/2015/15/section/20/enacted
Regarding their £1 a mile claim, section 24 is interesting:
(10)No deduction may be made if the final right to reject is exercised in the first 6 months (see subsection (11)), unless—
(a)the goods consist of a motor vehicle, or
(b)the goods are of a description specified by order made by the Secretary of State by statutory instrument.
I think I've interpreted that correctly? Although this is under 'final right to reject' not short term right to reject... I guess this is why legal advice is needed
Last edited:
Pretty sure this section means that during the repair period the 30 days is also on hold:
(6)If the consumer requests or agrees to the repair or replacement of goods, the period mentioned in subsection (3) or (4) stops running for the length of the waiting period.
I say 'pretty sure' because I am not a lawyer (I ANAL)
Do need to be careful about breaching the 30 day thing, I think it may be on hold after the first time OP asked for a refund but I CBA to read the legislation again...
Last edited:
Haven't spoke to the CC company yet but dependant on how the next week or two goes, that will be my next move.
I'm in a fortunate position that I don't need the money back urgently or need another car, so I can wait them out.
30d, M57.
Reliable engine as far as I've read and understand, for the most part. The other bits of the vehicle? Maybe less so!
I have had a good look but there's nothing I particularly fancy.
I've liked the X5s for some time, it was seemingly the right car for me, and just happened to turn up locally.
Fortunately I have this in writing across a few e-mails, both pre and post them taking the vehicle back.
I've honestly considered all of the options, i.e. take a reduced fee, continue to push for the full value, or take the car back and be prepared to live with any potentially issues, which is always the case with a used car, I know.
I keep coming back to what I understand is a fair assessment of the law and that I'm entitled to walk away with my full refund.
Last thing they've said to me is that they're instructing their legal team (lol) to get in touch with me so, ball is still in their court, I guess.
I'm in a fortunate position that I don't need the money back urgently or need another car, so I can wait them out.
30d, M57.
Reliable engine as far as I've read and understand, for the most part. The other bits of the vehicle? Maybe less so!
I have had a good look but there's nothing I particularly fancy.
I've liked the X5s for some time, it was seemingly the right car for me, and just happened to turn up locally.
Fortunately I have this in writing across a few e-mails, both pre and post them taking the vehicle back.
I've honestly considered all of the options, i.e. take a reduced fee, continue to push for the full value, or take the car back and be prepared to live with any potentially issues, which is always the case with a used car, I know.
I keep coming back to what I understand is a fair assessment of the law and that I'm entitled to walk away with my full refund.
Last thing they've said to me is that they're instructing their legal team (lol) to get in touch with me so, ball is still in their court, I guess.
Last edited:
Deleted User 298457
Deleted User 298457
You paid a bit on CC? If so, stop wasting your time and energy immediately and ring your CC company. They are equally liable to help you.
However the fact you've messed with the car in an unprofessional way (i.e. DIY fitted a battery), I'd say you are out of luck for any professional recourse as it casts doubt on the underlying fault. It isn't black and white anymore.
Last edited by a moderator:
I don't disagree, but I'd like to wait them out and see if we can resolve amicably, a few days back I was (self admittedly) a bit hot headed about it all and wanted to strike whilst the iron was hot, but a few of the comments on here as well as discussing it with other people have made me realise that it's not the end of the world, it'll get resolved one way or another, and due to the time period we're in, I don't want to look as the aggressive party.
There's protection from the CC company for years, so I'm in no rush. If I've made a faux pas with the battery and that is used against me, I'll fall back to the washer jets and brakes being faulty, if that again goes against me then I'll just push for the car to be fixed completely and I'm no worse off than I was before - other than having a car I am now not confident with.
I also ran a Carly diagnostic test on the vehicle a couple of days after purchase and there was a throttle-valve issue present, which couldn't be cleared, which I've only just remembered about to be fair. Potentially another fault in my favour, though if they wanted to they'd probably use that against me saying I shouldn't have been snooping around with a diagnostic tool.
To be honest, this should be straightforward.
They've taken the car back, and you've asked to reject it right? so they shouldn't be touching it at all, (it remains your property until you get your money back) presumably you told them not to fix it. (This is important, because if you've asked them to fix it and they do, you've lost your right to reject, unless it breaks again.)
Ergo: If they've taken the car away, and you want to reject - don't engage in any negotiations over whether to fix it or not. If they're not giving you your money back, and have said their legal team is going to contact you, then as per @dLockers suggestion - you should immediatley notify the credit card company, and ask to do a section 75 chargeback on whatever you paid.
Also, don't be a pushover! You might feel like resolving it amicably, but to the dealer that most likely means he's still making profit and not having to deal with it's issues, and you're potentially stuck with a broken pile of expensive nuts and bolts!
If he sold you that car for £5k, he probably got it for like £2-3k via a part-ex or something, the dealer is only going to do whatever's best for him - don't cave in for the sake of being polite, or "not wanting to cause trouble"
Remember if the boot was on the other foot here, and you'd sold that car to the dealer with all the issues - I bet he'd have been livid and be demading his money back asap.
I think he's trying to screw you here, if I'm honest.
Last edited: