Legal Help

[WelshAndy]

Evening all,

 

So on the 15th of March this year I bought a lovely used Volvo Xc60 2.4 d5 lux nav. 
Bought from a Volvo specialist (30 years) and given a 6 months warranty. About 2 weeks ago it jumped into gear when I put it from park, reverse, neutral, drive - just once. Last week the mrs asks if I could smell fuel, my sense of smell is pretty non existent 🤦‍♂️

I rang Volvo main dealer and asked them to do a health check on the car - which was today. 
Mechanic test drove the car and asked whether I still wanted the check as he felt the car drove nice, went through the gears etc ok. 
I said yes please check the car over. 
 

About an hour passed and I received a phone call asking me to go back to the dealership. 
 

Car has a major fuel leak from the engine, there is a bolt loose on the prop shaft, they say that the subframe has been off recently, a leak from the cambelt side (was changed before my purchase)

There are cables with block connections hanging down the back of the engine which they didn’t know what for? and a couple of joint rubbers are split. 
The dealership condemned the car on these!

I’ve spoken with the garage I purchased the car from and they are going to send a transporter down and pick it up. 
 

Obviously I’m not happy about this as the car wasn’t cheap. 
 

My question is where do I stand? Can I demand my money back? Or let them repair and my tough luck?

 

Thanks in advance 🙏

[billytheghillie]

I think you will stand at the bus stop.

Seriously, demand your money back as its not fit for purpose.

[team tractor]

I thought you had to give them chance to rectify it.

[jall25]

1 hour ago, WelshAndy said:

Evening all,

 

So on the 15th of March this year I bought a lovely used Volvo Xc60 2.4 d5 lux nav. 
Bought from a Volvo specialist (30 years) and given a 6 months warranty. About 2 weeks ago it jumped into gear when I put it from park, reverse, neutral, drive - just once. Last week the mrs asks if I could smell fuel, my sense of smell is pretty non existent 🤦‍♂️

I rang Volvo main dealer and asked them to do a health check on the car - which was today. 
Mechanic test drove the car and asked whether I still wanted the check as he felt the car drove nice, went through the gears etc ok. 
I said yes please check the car over. 
 

About an hour passed and I received a phone call asking me to go back to the dealership. 
 

Car has a major fuel leak from the engine, there is a bolt loose on the prop shaft, they say that the subframe has been off recently, a leak from the cambelt side (was changed before my purchase)

There are cables with block connections hanging down the back of the engine which they didn’t know what for? and a couple of joint rubbers are split. 
The dealership condemned the car on these!

I’ve spoken with the garage I purchased the car from and they are going to send a transporter down and pick it up. 
 

Obviously I’m not happy about this as the car wasn’t cheap. 
 

My question is where do I stand? Can I demand my money back? Or let them repair and my tough luck?

 

Thanks in advance 🙏

Yes - just ask for your money back 

[Newbie to this]

6 hours ago, team tractor said:

I thought you had to give them chance to rectify it.

Not if the faults were present at sale, and you can prove they were.

[WelshAndy]

1 hour ago, Newbie to this said:

Not if the faults were present at sale, and you can prove they were.

How can I prove this?

[Munzy]

Hi Andy, sorry to hear this.

Assuming you wish to reject the car and not get it fixed your rights are entirely governed by the Consumer Rights Act. Don’t be fobbed off by the presence of the warranty which I would urge you to ignore.

The dates are very tight here and it will depend on when you reported the fault from the 15th March purchase date. Essentially within one month you can demand a full refund, there is no burden of proof on you to establish when the fault first appeared. I would guess that if the car has already been back for an inspection then you raised the issue within one month of purchase.

After one month, but before six months from sale, the garage has the right to a single repair to remedy the issue.

Everything you need to know is here:

https://www.thecarexpert.co.uk/rejecting-a-car/

Good luck and as mentioned, ignore the warranty, garages will often push you towards that to protect their sale. The Consumer Rights Act trumps it!

[WelshAndy]

42 minutes ago, Munzy said:

Hi Andy, sorry to hear this.

Assuming you wish to reject the car and not get it fixed your rights are entirely governed by the Consumer Rights Act. Don’t be fobbed off by the presence of the warranty which I would urge you to ignore.

The dates are very tight here and it will depend on when you reported the fault from the 15th March purchase date. Essentially within one month you can demand a full refund, there is no burden of proof on you to establish when the fault first appeared. I would guess that if the car has already been back for an inspection then you raised the issue within one month of purchase.

After one month, but before six months from sale, the garage has the right to a single repair to remedy the issue.

Everything you need to know is here:

https://www.thecarexpert.co.uk/rejecting-a-car/

Good luck and as mentioned, ignore the warranty, garages will often push you towards that to protect their sale. The Consumer Rights Act trumps it!

Many thanks for this. 
 

Unfortunately it was yesterday when I reported my findings to the dealer. 
I had discovered the issue 2 weeks previous, but main dealer Volvo couldn’t fit me in for the health check until yesterday. 
 

Im really hoping for a refund but I can’t see it being an easy process 🤦‍♂️

[Morkin]

REPAIR.

REPLACE.

REFUND.

it's your choice.👍

[WelshAndy]

2 minutes ago, Morkin said:

REPAIR.

REPLACE.

REFUND.

it's your choice.👍

That simple?

[Morkin]

Look on line, consumer rights act 2015, citizen advice website and consumer help line 03454040506 , get everything in writing and photos, we had a problem with a Freelander 1 a few years ago which was leaking water out of the engine and letting water in through the back door rubber, he did repair the back but scratched the paint work, so take pictures and get the other garage to put it in writing, wish you all the luck and all the best🤞

[Munzy]

12 hours ago, WelshAndy said:

Many thanks for this. 
 

Unfortunately it was yesterday when I reported my findings to the dealer. 
I had discovered the issue 2 weeks previous, but main dealer Volvo couldn’t fit me in for the health check until yesterday. 
 

Im really hoping for a refund but I can’t see it being an easy process 🤦‍♂️

I would assume you rang Volvo two weeks ago to organise the health check because of concerns you had?

I would be sure to put in writing to the garage that you reported a suspected fault and detailed the car’s symptoms within one month of purchase (ie. two weeks ago) but that you could not be given an appointment until this week. It is not your fault that the garage was unable to fit you in, you reported the issue within one month.

In these circumstances it is best to keep everything in writing and be succinct and blunt whilst avoiding rudeness.

I would email the supplying garage and say something along the lines of:

“WITHOUT PREJUDICE, SAVE AS TO COSTS

Dear Mr X,

I am dissatisfied with the quality of the Volvo XC90 (registration XXXX XXX) which I purchased from you on X March 2023.

The vehicle has been supplied in a substandard condition and is not fit for purpose having been found to be faulty within one month of purchase. I reported the fault (XXX) to you on X but you were not able to examine the car until X at which point you confirmed the presence of significant faults with the vehicle.

I am aware that a warranty was offered with the purchase, however, I am instead relying on the Consumer Rights Act (2015), which governs our transaction, to reject the vehicle and obtain a full refund. Failure to comply with your obligations as a registered motor trader under the Consumer Rights Act (2015) will leave me with no choice but to take legal action to resolve the matter to the same outcome.”

[Munzy]

…I’ve just realised you bought from a specialist but booked it into a main dealer for the health check. Did you have any communication with the specialist at the point you rang the main dealer?

If not, you’re still covered by the CRA and I would continue to go heavy on the rejection/refund. They might come back at you immediately and say they want a chance to repair it. It’s always best to go in strong and show you know what you are talking about and that you will escalate if you don’t get the outcome you want.

I honestly wouldn’t lose sleep over it Andy, having gone through something almost identical a few months back the law is on your side.