Soldato
After some advice please.
Sorry for the long thread but there are a few things i need to explain.
Its my sons car that he purchased on 28th March.
I did have a similar thread before, as the EML light came on within a few days of purchase. you can read it here if you want https://forums.overclockers.co.uk/t...g-a-used-car-purchase.18986866/#post-37072408
So basically.
Within 5 days of purchase the EMl came on, it was diagnosed as a faulty O2 sensor. The dealer just reset the codes and said that the problem was fixed.
The EML was off but after a couple of days returned, and the dealer said that he would order a sensor in.
On the 20th May, my son got into the car, and the car would not move, either forward or reverse.
He informed the garage, and they said that they will send someone out to look at the car.
Couple of days later, 2 guys turn up, put a diagnostics on the car, but had to ring their mechanic to talk them through the process on how to clear the codes.
This was unsuccessful, so one of the guys said, that he will leave a car that they just picked up, for him to use and they left.
My son immediately informed the finance company what was going on.
Before the car was recovered, my son had a diagnostic check done, which showed quite a few other error codes.
The car was recovered a few days later and the garage told my son that he can hold onto the other car while they look at his.
My son at this time had lost all trust in the car and informed the finance company that he wanted to reject the car, only to be informed that the finance company were still waiting to appoint a claims handler.
Every few days my son would ring the finance company to be informed that they were still waiting to appoint a claims handler, which finally happened on the 12th June.
The dealer then took 12 days (today) to respond to the finance company.
Today the finance company has got back to my son saying that the cannot support the rejection.
The finance company was recommended by the dealer.
The dealer still has the car since the 20th May.
Btw its an independent dealer.
Their main argument seems to be that as my son accepted a courtesy car, that the dealer is entitled to repair the car. I have underlined this bit in their response
Here is a copy of the email from the finance company, are they able to do this or is it worth fighting it?
"
My understanding of your complaint
I understand the Engine Management Light (EML) has appeared and the vehicle went into limp mode.
Findings
You purchased your vehicle on 28 March 2024, with a mileage of 45,189. On 23 April 2024, we received a vehicle quality complaint from you confirming the issue with the vehicle. You confirmed that on 2 April 2024, the EML came on and the vehicle went into limp mode. You stated you reported this to the dealer and they confirmed it was due to the Oxygen sensor, they confirmed they would order the required part to fix the issue but you have not heard from them since.
We explained that as you had reported the fault within 30 days of purchasing the vehicle, we would require evidence of the fault. You sent us an invoice dated 26 April 2024, confirming a diagnosis that was completed on the vehicle.
You then emailed us on 20 May 2024, to say the gearbox had failed on the vehicle and the vehicle had been recovered.
Your complaint was allocated to my colleague, who attempted to contact you by telephone on 29 May 2024, but he was unsuccessful. Your complaint was then allocated to me and I spoke to you on 12 June 2024, you confirmed you were looking to reject the vehicle due to the reported fault. I said I would reach out to the dealer to request this.
I emailed the dealer and had no response but their account manager contacted me to say the vehicle was recovered by the dealer and is undergoing repairs. He also advised the dealer had provided you with a courtesy vehicle whilst the repairs are completed.
I then spoke to the dealer on 24 June 2024, to confirm they were having the vehicle repaired at no cost to you. They advised they were facilitating the repairs to the original issue with the sensor as previously agreed and that they were also repairing an issue that had recently occurred with the gearbox.
I contacted you by telephone on 24 June 2024, you are unhappy that we are unable to support rejection of the vehicle at this time. You reported this issues within 30 days and want to exercise your short term right to reject. I have explained that as the vehicle is undergoing repairs and you accepted a courtesy vehicle from the dealer, we need to allow the repairs to continue.
Once the repairs have been completed the dealer will liaise with you to arrange for the vehicle to be returned. Once you have the vehicle back, if the repairs are unsuccessful please contact me in the first instance.
Outcome
Based on the above information, I am able to uphold your complaint as the dealer has accepted liability for both the sensor and the gearbox faults by agreeing to complete the repairs at no cost to you.
I have arranged for £200 to be paid to you in consideration of the time you have spent trying to resolve this matter and for the inconvenience of having to return the vehicle to the dealer for repairs. This will be paid into the bank account we have on file for you within five working days.
I have also arranged for £30 to be paid to you for the cost of the vehicle inspection you arranged.
Please note that a payment of 8% interest will be added to your refunded payment for the vehicle inspection fee. This payments have been calculated up to 31 May 2023. The reason for this is because this is the rate of interest which the Financial Ombudsman sets.
This interest is subject to the deduction of income tax at source, which we have calculated at the basic rate (currently 20%).
This 20% income tax is only deducted from the compensation interest and not from your payments refund. Please see all calculations below. If we have deducted more tax than you have to pay, you may be able to reclaim all or some of the tax deducted from HM Revenue and Customs (HMRC).
If you pay tax at rates higher than the basic rate this interest should be declared to HMRC with any additional tax due being agreed with your tax office. You should retain this letter as evidence of the tax deduction. Please note this gross interest counts towards any Personal Savings Allowance
Payments where 8% interest applies;
Minus Basic Tax Rate at 20% (payable to HMRC) - £0.08
Interest after deduction of basic rate tax - £0.31
Total of payments plus interest after deductions - £30.31
This is our final response to your complaint. I am sorry you had cause to complain, I trust the above has answered your concerns in full and the outcome reached is to your satisfaction. If you believe I have misunderstood any part of your complaint or I have not addressed any issue you think should have been considered, please let me know as soon as possible.
Your rights
If you feel that we haven’t dealt with your complaint fairly, you have the right to refer it to the Financial Ombudsman Service, free of charge, but you must do so within six months of the date of this email.
If you do not refer your complaint in time, the Ombudsman will not have our permission to consider your complaint and will only be able to do so in very limited circumstances, for example, if the Ombudsman believes that the delay was as a result of exceptional circumstances. You can contact them at:
The Financial Ombudsman Service
Exchange Tower
London"
Sorry for the long thread but there are a few things i need to explain.
Its my sons car that he purchased on 28th March.
I did have a similar thread before, as the EML light came on within a few days of purchase. you can read it here if you want https://forums.overclockers.co.uk/t...g-a-used-car-purchase.18986866/#post-37072408
So basically.
Within 5 days of purchase the EMl came on, it was diagnosed as a faulty O2 sensor. The dealer just reset the codes and said that the problem was fixed.
The EML was off but after a couple of days returned, and the dealer said that he would order a sensor in.
On the 20th May, my son got into the car, and the car would not move, either forward or reverse.
He informed the garage, and they said that they will send someone out to look at the car.
Couple of days later, 2 guys turn up, put a diagnostics on the car, but had to ring their mechanic to talk them through the process on how to clear the codes.
This was unsuccessful, so one of the guys said, that he will leave a car that they just picked up, for him to use and they left.
My son immediately informed the finance company what was going on.
Before the car was recovered, my son had a diagnostic check done, which showed quite a few other error codes.
The car was recovered a few days later and the garage told my son that he can hold onto the other car while they look at his.
My son at this time had lost all trust in the car and informed the finance company that he wanted to reject the car, only to be informed that the finance company were still waiting to appoint a claims handler.
Every few days my son would ring the finance company to be informed that they were still waiting to appoint a claims handler, which finally happened on the 12th June.
The dealer then took 12 days (today) to respond to the finance company.
Today the finance company has got back to my son saying that the cannot support the rejection.
The finance company was recommended by the dealer.
The dealer still has the car since the 20th May.
Btw its an independent dealer.
Their main argument seems to be that as my son accepted a courtesy car, that the dealer is entitled to repair the car. I have underlined this bit in their response
Here is a copy of the email from the finance company, are they able to do this or is it worth fighting it?
"
My understanding of your complaint
I understand the Engine Management Light (EML) has appeared and the vehicle went into limp mode.
Findings
You purchased your vehicle on 28 March 2024, with a mileage of 45,189. On 23 April 2024, we received a vehicle quality complaint from you confirming the issue with the vehicle. You confirmed that on 2 April 2024, the EML came on and the vehicle went into limp mode. You stated you reported this to the dealer and they confirmed it was due to the Oxygen sensor, they confirmed they would order the required part to fix the issue but you have not heard from them since.
We explained that as you had reported the fault within 30 days of purchasing the vehicle, we would require evidence of the fault. You sent us an invoice dated 26 April 2024, confirming a diagnosis that was completed on the vehicle.
You then emailed us on 20 May 2024, to say the gearbox had failed on the vehicle and the vehicle had been recovered.
Your complaint was allocated to my colleague, who attempted to contact you by telephone on 29 May 2024, but he was unsuccessful. Your complaint was then allocated to me and I spoke to you on 12 June 2024, you confirmed you were looking to reject the vehicle due to the reported fault. I said I would reach out to the dealer to request this.
I emailed the dealer and had no response but their account manager contacted me to say the vehicle was recovered by the dealer and is undergoing repairs. He also advised the dealer had provided you with a courtesy vehicle whilst the repairs are completed.
I then spoke to the dealer on 24 June 2024, to confirm they were having the vehicle repaired at no cost to you. They advised they were facilitating the repairs to the original issue with the sensor as previously agreed and that they were also repairing an issue that had recently occurred with the gearbox.
I contacted you by telephone on 24 June 2024, you are unhappy that we are unable to support rejection of the vehicle at this time. You reported this issues within 30 days and want to exercise your short term right to reject. I have explained that as the vehicle is undergoing repairs and you accepted a courtesy vehicle from the dealer, we need to allow the repairs to continue.
Once the repairs have been completed the dealer will liaise with you to arrange for the vehicle to be returned. Once you have the vehicle back, if the repairs are unsuccessful please contact me in the first instance.
Outcome
Based on the above information, I am able to uphold your complaint as the dealer has accepted liability for both the sensor and the gearbox faults by agreeing to complete the repairs at no cost to you.
I have arranged for £200 to be paid to you in consideration of the time you have spent trying to resolve this matter and for the inconvenience of having to return the vehicle to the dealer for repairs. This will be paid into the bank account we have on file for you within five working days.
I have also arranged for £30 to be paid to you for the cost of the vehicle inspection you arranged.
Please note that a payment of 8% interest will be added to your refunded payment for the vehicle inspection fee. This payments have been calculated up to 31 May 2023. The reason for this is because this is the rate of interest which the Financial Ombudsman sets.
This interest is subject to the deduction of income tax at source, which we have calculated at the basic rate (currently 20%).
This 20% income tax is only deducted from the compensation interest and not from your payments refund. Please see all calculations below. If we have deducted more tax than you have to pay, you may be able to reclaim all or some of the tax deducted from HM Revenue and Customs (HMRC).
If you pay tax at rates higher than the basic rate this interest should be declared to HMRC with any additional tax due being agreed with your tax office. You should retain this letter as evidence of the tax deduction. Please note this gross interest counts towards any Personal Savings Allowance
Payments where 8% interest applies;
- 26 April 2024 - £30 vehicle inspection fee
Minus Basic Tax Rate at 20% (payable to HMRC) - £0.08
Interest after deduction of basic rate tax - £0.31
Total of payments plus interest after deductions - £30.31
This is our final response to your complaint. I am sorry you had cause to complain, I trust the above has answered your concerns in full and the outcome reached is to your satisfaction. If you believe I have misunderstood any part of your complaint or I have not addressed any issue you think should have been considered, please let me know as soon as possible.
Your rights
If you feel that we haven’t dealt with your complaint fairly, you have the right to refer it to the Financial Ombudsman Service, free of charge, but you must do so within six months of the date of this email.
If you do not refer your complaint in time, the Ombudsman will not have our permission to consider your complaint and will only be able to do so in very limited circumstances, for example, if the Ombudsman believes that the delay was as a result of exceptional circumstances. You can contact them at:
The Financial Ombudsman Service
Exchange Tower
London"
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