Car purchase gone wrong….

Garage called this morning,

Dealer was angry at me for not speaking to him first (as I originally spoke to the broker on Friday), he then said that I can't "just reject" the vehicle, and that the 14 day cooling off period doesn't apply to me, because I can't prove the fault was there. Also I can't just reject the vehicle without giving them a chance to fix it.

I explained to him that I'm not changing my mind under the 14 day cooling off period, I'm exercising a section 20 CRA right to reject due to it being faulty, and I don't need to give any opportunity to fix - I can just reject it outright and that's basically all there is to it.

He then replied "ok fine, let the finance company deal with it".

So I spoke to the broker this morning and their specialist returns/rejections guy, they're basically saying I'm 100% correct, as far as my rights go, they're going to handle the rejection themselves and they're also going to reimburse me for my hire-car costs.. They're saying it should be an open shut case..

Standard second hand car dealer having a tantrum when you're returning one of their faulty cars.
 
Haha, I did the same. Sold my old A4 that I had no issues dumping all my tackle in the back - did me proud. Changed it for a new car and then went fishing about 3x in the years that I owned it because I didn't want to get it dirty inside. :D

I know lol,

The problem with most big SUVs is that they're mostly just glorified posh school buses, it's like dumping all my gear into a luxury hotel room.

Standard second hand car dealer having a tantrum when you're returning one of their faulty cars.

Yeah to be honest, it felt like he was trying it on as he did try to tell me that I can't bring it back, at all... As soon as I quoted section 20 he pretty much gave up right away...
 
I know lol,

The problem with most big SUVs is that they're mostly just glorified posh school buses, it's like dumping all my gear into a luxury hotel room.



Yeah to be honest, it felt like he was trying it on as he did try to tell me that I can't bring it back, at all... As soon as I quoted section 20 he pretty much gave up right away...

In my experience they think they can talk their way out of it as I guess that's what they do for a living. Unfortunately for them, some people are willing to read up on their consumer rights which the dealer doesn't like...

Thankfully for you the finance company can deal with it all. I don't have any experience with this part of it so unsure how best to approach it. Hopefully they're on the ball...
 
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The fact that he said you can't take it back makes me chuckle but sad/annoyed at the same time. Imagine how many people he's fobbed off? Probably got away with it more times than not.

Someone (not a dealer) even tried to convince me it was sold as seen. The uneducated advice some people dish out is ridiculous.
 
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Whilst I hope you get a satisfactory result to this, I have to say what you experienced sounds just like what happened with my previous V70 D5, turbo hose popped off due to a jubilee clip working loose.

5 minutes with a screwdriver (and a bit of cursing!) and it was fine again.

My current V70 had the same issue, the jubilee clip on the turbo hose was loose, not to the point where it blew off but it took a few turns of a screwdriver to tighten it up.

A very common issue on the D5 engine.

(assuming that’s what yours is/was)
 
Broker customer care people called earlier, they're arranging for it to get sent back to the dealer. If the dealer says they want proof that it's broken, which if they do - they'll send a mechanic to diagnose it. If it turns out that it's just a hose which has split or blown off and it's an easy fix, doesn't change the legalities - I only need to prove that a fault is present.

My current V70 had the same issue, the jubilee clip on the turbo hose was loose, not to the point where it blew off but it took a few turns of a screwdriver to tighten it up.

Yeah I mean, when I look under the bonnet with a torch, I can see the hoses going to and from the intercooler - those jubilee clips are all tight.. There is a hard plastic hose which goes down to the bottom of the engine and that's secure.. I can't see anything else and I'm obviously not going to disassemble anything because I'm not a mechanic, and if I interfere with anything, I risk affecting my statutory rights if I attempt to diagnose or repair it myself.

As far as I can tell there's nothing obvious that I can tell. (although I'm sure if a mechanic does turn up, they'll know pretty quickly)
 
how many miles total had you done - was the 150 basically it,
did/do you have to send a formal registered letter or something, or broker will organise that.
 
In my experience they think they can talk their way out of it as I guess that's what they do for a living. Unfortunately for them, some people are willing to read up on their consumer rights which the dealer doesn't like...

Yeah I was quite surprised to be honest, considering I did a 360 mile round trip to do the part-ex deal in the first place, and everything was straight forward, I was surprised that he was trying to fob me off by telling me I basically have no rights..

how many miles total had you done - was the 150 basically it,
did/do you have to send a formal registered letter or something, or broker will organise that.

It's done 500 since I collected it, including the 150 as I had a busy week going to the office, and yeah they filled out a new keeper V5 doc when I picked it up.

My understanding from a consumer rights point of view, I could have done 2k miles in it during that week if I'd have wanted to, as goods which are sold have to be fit for purpose, and it's implicit that a Volvo XC90 with only 70k miles on the clock, should easily be able to drive that distance in a week without breaking down.
 
Broker customer care people called earlier, they're arranging for it to get sent back to the dealer. If the dealer says they want proof that it's broken, which if they do - they'll send a mechanic to diagnose it. If it turns out that it's just a hose which has split or blown off and it's an easy fix, doesn't change the legalities - I only need to prove that a fault is present.



Yeah I mean, when I look under the bonnet with a torch, I can see the hoses going to and from the intercooler - those jubilee clips are all tight.. There is a hard plastic hose which goes down to the bottom of the engine and that's secure.. I can't see anything else and I'm obviously not going to disassemble anything because I'm not a mechanic, and if I interfere with anything, I risk affecting my statutory rights if I attempt to diagnose or repair it myself.

As far as I can tell there's nothing obvious that I can tell. (although I'm sure if a mechanic does turn up, they'll know pretty quickly)
I’d expect you’ll have a split in the hose in that case, again far from uncommon with the D5 engine, from what I’ve read it’s difficult to spot unless the hose has a huge tear in it, it can easily be a relatively small hole but it’s enough to give you the loss of boost symptoms.

Did you notice plumes of smoke from the car? That would point toward a turbo failure far more than the whooshing air sound your hearing along with little power which is classic pipe disconnection behaviour - I’ve had both over the years with trucks, usually when the turbo lets go catastrophically your not driving any further.

Noticed any significant coolant loss? - a leaking intercooler can give similar problems also although it’s far more likely to be the hose either splitting or coming off.
 
I’d expect you’ll have a split in the hose in that case, again far from uncommon with the D5 engine, from what I’ve read it’s difficult to spot unless the hose has a huge tear in it, it can easily be a relatively small hole but it’s enough to give you the loss of boost symptoms.

This isn't loss of boost, this is like the engine won't go past 1500rpm and it's almost cutting out, lurching back and forth.
 
Garage are refusing the rejection, they say they're not liable because I've driven it 500 miles - therefore the fault couldn't have existed at the point of purchase. The customer service people at the broker are getting their senior team to speak to him....

I've engaged a consumer lawyer for a fixed fee consultation tomorrow. I get an hour to ask as many questions as I like, find my actual legal position and know 100% what my options are.

From the chat I had with the lawyers, they said it's a pretty simple situation, but I'll know more tomorrow.
 
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Sounds like a lot of fuss compared to just allowing them to get a mechanic out and resolve what sounds like well known issue with this engine. Sounds like buyers remorse to me on how defensive you've gone with the garage you bought it from.
 
Sounds like a lot of fuss compared to just allowing them to get a mechanic out and resolve what sounds like well known issue with this engine. Sounds like buyers remorse to me on how defensive you've gone with the garage you bought it from.

the OP has already sorted a deal on a 2 year old car.

buyers remorse the OP has sabotaged the volvo.
 
Garage are refusing the rejection, they say they're not liable because I've driven it 500 miles - therefore the fault couldn't have existed at the point of purchase. The customer service people at the broker are getting their senior team to speak to him....

I've engaged a consumer lawyer for a fixed fee consultation tomorrow. I get an hour to ask as many questions as I like, find my actual legal position and know 100% what my options are.

From the chat I had with the lawyers, they said it's a pretty simple situation, but I'll know more tomorrow.
You don't need to price the fault. A car just our purchased means they need to prove the fault wasn't there, aka it's accepted the fault was there upon purchase.

Sounds like a lot of fuss compared to just allowing them to get a mechanic out and resolve what sounds like well known issue with this engine. Sounds like buyers remorse to me on how defensive you've gone with the garage you bought it from.
A bit of this also.
 
Sounds like a lot of fuss compared to just allowing them to get a mechanic out and resolve what sounds like well known issue with this engine. Sounds like buyers remorse to me on how defensive you've gone with the garage you bought it from.

As I've said, if it was a wing mirror or electric window that needs fixing, I'd have just got it done and not complained to anybody, but when I've physically broken down in it 6 days after purchase, I've lost all confidence in it. With cars, once one thing breaks, it tends to be one thing after another.

If I'm honest, I'm glad it broke so quickly - if it had broken 6-8 weeks into ownership it would have been much more annoying.

the OP has already sorted a deal on a 2 year old car.

buyers remorse the OP has sabotaged the volvo.

I *had* to get something sorted out this weekend, the volvo broke on Friday, I'm currently driving around in a hire car at my cost. I live out in the sticks and can't be without a vehicle, so I just don't have the time to be messing around.
 
As I've said, if it was a wing mirror or electric window that needs fixing, I'd have just got it done and not complained to anybody, but when I've physically broken down in it 6 days after purchase, I've lost all confidence in it. With cars, once one thing breaks, it tends to be one thing after another.

If I'm honest, I'm glad it broke so quickly - if it had broken 6-8 weeks into ownership it would have been much more annoying.



I *had* to get something sorted out this weekend, the volvo broke on Friday, I'm currently driving around in a hire car at my cost. I live out in the sticks and can't be without a vehicle, so I just don't have the time to be messing around.

Well better the devil you know.

Bet the new owner of your old BMW is loving it.
 
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Thia is why I said what the law states and what people actually do are two very different things. Pretty sure the legal advice will be:

Allow the finance company to deal with it.
Diagnose the problem.
Document everything.
Be prepared to go to small claims (although not sure if you'd have to go or the finance company will go instead/write it off), small claims isn't guaranteed win, at the mercy of the judge in the day.


If your new or used car has a significant fault that was present when you bought it (as opposed to developing afterwards), you can reject the car within the first 30 days and get a full refund.

You do not have to accept a repair or replacement vehicle (although you can if you want to).
 
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Thia is why I said what the law states and what people actually do are two very different things. Pretty sure the legal advice will be:

Allow the finance company to deal with it.
Diagnose the problem.
Document everything.
Be prepared to go to small claims (although not sure if you'd have to go or the finance company will fight it/write it off)

Yeah this is basically what's happening.

Just spoke to the broker, the dealer is saying he doesn't believe that the car is faulty, so he wants proof that it is.

In this case, the lender is going to send a mechanic to do an inspection to prove that the fault exists - which I'm allowing.
 
Dealer doesn't believe you, why does that not surprise me? I guess they do get people trying it on but a decent person would at least diagnose it rather than accuse you of lying. I'd be prepared for this person to lie in any future dealings.


If your new or used car has a significant fault that was present when you bought it (as opposed to developing afterwards), you can reject the car within the first 30 days and get a full refund.

You do not have to accept a repair or replacement vehicle (although you can if you want to).
Not sure how significant the 500 miles will be here. It is a fair bit of milage and I wonder if they could say it's wear and tear for a car of this age? Equally you'd expect a car you juat bought to be relatively trouble free. If it just a pipe that's popped off or split then the legal advice might be to get it fixed because it might not be considered a significant fault.

What you might be experiencing is a boost leak coupled with the car going into limp mode. Hence why it feels so bad.
 
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