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Helpful ReplyHelp/Advice returning a used car

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Pastafarian
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2011/03/21 19:01:09 (permalink)

Help/Advice returning a used car

Guys hope you can help me out,Ive seen some great advice with consumer rights etc for people returning goods.
Just been stung on a second hand car sale and asking for a full refund.
 
Here is a copy of what I intend to send if you can help me make the letter better or have any stuff to add throw in with it id be very chuffed.
 
Ive done a search for a recent thread were Tony Barnes put some great tips in but i cant find it.
 
thanks guys
 
Mr.xxx.I Email to kindly request a refund in full and return of my trade in Vehicle and £2700.00 or the full price paid of £4495.00 on the Vehicle xxxxxxx.
This Vehicle is not as sold at point of sale and is not as advertised and agreed upon.

xxxxx  was sold as having full service history,This is incorrect and has stamps missing in the service history as follows No service in 2006,2009,2011.
Something we were unable to check until after the sale as no documents were presented till after the sale this is not as sold and as you know a car with Full service History and Part service history have a different resale value 

During the test drive with myself and Mrs, you xxxx asked me xxxxx
.xxx"why are you interested in this car ,is it the LPG?"
BL"Well the X-trail reviews show the Diesel has a tendency for the head gasket to go,The petrol has a more reliable reputation ,with LPG having the lower running costs similar to the diesel,Has this car had any problems with the head gasket or engine?"
xx"No ,it has  been well looked after"was your reply which is untrue and a false statement .
The documents given with the sale show that xxxx had  in fact had a replacement head gasket in December 2008.

Following our asking about the LPG on the test drive in which you told us that in all worked and ran correctly ,followed up by an  Email on 07/03/2011 in which my wife asked if asked if the LPG system was working fully and correct and that the sale was to be based on the LPG system being fully functional and correct  and that this  was part of the agreed sale as per the Email,you informed us that you do not sell Vehicles which are not as advertised and that the LPG did work correctly.

Also xxxx is not fit for purpose,within 15, mins of the sale (14:00HRS) we returned xxxx,due to excessive smoke from the exhaust system and a noise from the front nearside wheel.
Your Mechanic John kindly looked at the car ,informing us that the wheel was removed for service /MOT and just needed a fine adjustment,which he applied which sorted out the noise.Assuring us the exhaust smoke was just condensation from being unused and being cold.

On our Journey home the engine management light came on,we called you (16:50HRS) up and you hastily put on your mechanic john ,who assured it was fine when we left your garage,also addressing an issue about the LPG system switching over from LPG to Petrol, which John advised upon.
After notifying you about the Engine management light via Email the next day you suggested we return,being a 210 mile round trip we took it to be tested and checked at two garages.
The result was that the catalyst on the exhaust needs replacing,being an Xtrail there are two Catalytic converts aboard which means a full replacement at over £1000.00 fitted and an air leak of the petrol system causing the idle to run to highly and there maybe further issues.
 
Furthermore the LPG system has been checked and is not functioning correctly requiring new injectors,filters and service which im informed may still not fix the problem.At a cost of £400.00
In this condition the Vehicle is not fit to be driven  Nissan UK advised not to drive more than 40 mph and the owners manual Page 1-11 states that the Vehicle must not be driven over 43MPH,no hard acceleration or deceleration ,no steep hills.
Im also unhappy that my wife had to drive Vehicle in this condition to get home and to be tested,i find it bad advice that you suggested she drive the Vehicle a further 210 miles to get it tested with yourself's
To visit your site would incur a loss of over £60 each visit and the loss of a  Vehicle did the car need to be kept with yourself adding unreasonable cost and the safety factor as mentioned,after all if the warning light advice is not followed and the head was to go again on route you would not stand to the repairs.
for the above reasons xxx does not match the advertised description ,is not of satisfactory quality ,or fit for purpose we have incurred additional expense at having the Vehicle tested.
For the above reason I request a full refund of £4495.00 within 7 days.
 Yours Mr Smash him in.
 

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#1
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swordfish
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Re:Help/Advice returning a used car 2011/03/21 19:09:40 (permalink)
hope you get your money back, but before you do im sure somehow they are "alowed" to try and rectify the faults them self first or something, i used to work at a garage, cant remember
 
but hope you get money back
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Pastafarian
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Re:Help/Advice returning a used car 2011/03/21 19:13:16 (permalink)
Yes mate i think its Refund,Rectify,Replace.
So his lies at the point of sale may be the thing that lead to the refund rather than the Faults,I hope.
 
 
Cheers mate Looking awesome in the AV btw big and lean.

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Rosc0PColtrane
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Re:Help/Advice returning a used car 2011/03/21 19:15:53 (permalink)
This is well within your rights, I take it you bought it from a trader?
 
Perhaps add that less than satisfactory recourse will result in the involvement of Trading Standards. Dealers rarely want those guys snooping around.
 
If it fails, involve the local media.
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Pastafarian
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Re:Help/Advice returning a used car 2011/03/21 19:17:23 (permalink)
Yes mate a dealership.
Nice one mate deffo worth adding in Cheers

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odyysey
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Re:Help/Advice returning a used car 2011/03/21 19:18:57 (permalink)
Did you pay for it using a Visa Debit Card mate?  If you did give your Bank a call.  Under the Payment Services Directive they may look at refunding you or can at least offer some advice.

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Re:Help/Advice returning a used car 2011/03/21 19:20:23 (permalink)
Yes mate got it on Credit card just to add some extra cover,they are sending out a form but im not holding much hope from that route.
 

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Re:Help/Advice returning a used car 2011/03/21 19:27:15 (permalink)
Brucieflea

Yes mate got it on Credit card just to add some extra cover,they are sending out a form but im not holding much hope from that route.


Credit card companies are usually very good at setting the dogs on people.
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johnny bravo
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Re:Help/Advice returning a used car 2011/03/21 19:57:05 (permalink)
my mate, spoke with trading standards prior to speaking with the dealer when he had an issue with a used car. They gave him a little advice but basically told him to state that he had spoken with trading standards already and they were advising him on his necessary action, which was initially to let the dealer resolve things before they needed to get involved.
The dealer was very prompt in sorting things out for him..lol
 

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Re:Help/Advice returning a used car 2011/03/21 20:23:24 (permalink)
Thanks JB will call em tommo.

Cheers for the help
And advice anymore input welcome.

Gutted tbh traded my mint cond low mileage yaris in to get something safe and secure for the wife and kids.


Disapointed its not as sold and needs money spending then it may not be right even then.

Skinnted myself to get a money pit.

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johnny bravo
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Re:Help/Advice returning a used car 2011/03/21 20:45:09 (permalink)☄ Helpful
is there some sort of 'cooling off' period when you buy a car, that you can return it within ?
 

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Re:Help/Advice returning a used car 2011/03/21 20:58:43 (permalink)
Heard so many versions of cooing off, right to cancel but ive not had a sure clear legislation laid down anywhere so i think not.
:(

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Re:Help/Advice returning a used car 2011/03/21 21:22:55 (permalink)
sorry i dont know what it is if there is any such thing but its something the folks tend to mention with car sales etc.
like a 14 day period or something, sorry thats not helping but if there is such a thing i guess trading standards would suggest it.

"Knowledge is knowing that a tomato is a fruit.   Wisdom is knowing not to put it in a fruit salad"

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Re:Help/Advice returning a used car 2011/03/21 23:01:40 (permalink)
Anyone know the title of the recent thread ,in which good ole Tony Barnes gave some grest consumer legislation to add weight to the buyers argument.
Thank

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Re:Help/Advice returning a used car 2011/03/21 23:30:50 (permalink)
1979 Sale of Goods Act (think the year is right) The sub title is "Fit for Purpose.
 
Google response for the above with 'used cars' in the search:
http://www.google.co.uk/#...mp;fp=d64255a5dc9e493e
 
Plenty of links wont work for me as I'm running 'certain software', but they first few look useful.
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Re:Help/Advice returning a used car 2011/03/21 23:32:24 (permalink)
Read a bit about it, then quote the act in the letter.
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Re:Help/Advice returning a used car 2011/03/22 07:02:42 (permalink)
Cheers buddy :)

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Re:Help/Advice returning a used car 2011/03/22 09:56:59 (permalink)
Hi mate,
 
Sounds like you have a solid case for a refund. Your letter is very good and states your points in a comprehensive fashion, however Trading Standards have a downloadable set of templated letters that contain some of their legal terms etc, you could maybe use your letter to plug-in to the TS template? I am sure they will advise you of that when you call them though.
 
Best of luck with the issue, I hope you get it sorted.
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