Help please?!

[Kylie_x]

Andy, I was just looking at your website. What a shame you are not more local! You definitely seem like a-go-to guy with your experience and the services you offer.

 

[andy@pcd-ltd]

If you can email me over the chassis number of the car i can then give you an accurate estimate for the repairs.

 

[Kylie_x]

Am on my phone typing now so apologies if my messages do not appear as I intend them too....autocorrect and all that!

Shall I message you through your website?

I keep saying it but thank you!

 

[andy@pcd-ltd]

Yeah just fill out the contact page with the info and i will sort it out my end

 

[Kylie_x]

Andy, it keeps saying my form could not be submitted as I am coming from an unauthorised domain?

 

[andy@pcd-ltd]

........

 

[Kylie_x]

Morning everyone....

Haven't slept much and am waiting for the minute when the Consumer Direct Helpline opens and praying I can get through pretty quickly and get some sound advice on this.

I feel seriously deflated today and am finding this difficult to deal with now. I know it's only a car and worse things happen at sea and all that but it's just stress that none of us need at the moment. I had to walk my kids nearly two miles to school yesterday (thankfully someone brought us home after school) and will have to do the same today as I must not use the car to be entitled to reject. I can't even bring myself to tell my mum and dad about whats going on as I'm really embarrassed and I don't want them to worry. I won't go into details but things haven't been great for us recently and they don't need the added worry of me going through this with a car I brought.

I would at least be thankful for ANY recognition from the seller on this!!! Even if he refuted my claims it would at least be a start. The complete silence from him is infuriating and I refuse to engage in any communications on the phone now. I cannot prove anything he says on the phone and any way, he was 'unavailable' any time I called yesterday.....funny but before all of this he was the ONLY one to ever answer the phone.

Well, I will keep you all updated today once I have spoken to relevant organisations. My husband managed to get the sunroof closed last night after hours of trying so if Consumer Direct advise me to, I will take it for diagnosis so I can at least have all of the problems confirmed and quoted for (but only if this does not amount to acceptance of the car!). From then it will be only written, recorded post communications which are going to drag this out for an even more painfully long time as I will have to be seen to be 'reasonable' by giving him reasonable time to reply!

 

[BAZZER1]

Hi Kylie
Still folowing this with interest and hoping all turns out for you in your favour.
Consumer Direct are usually pretty good with their advice, as you say keep all copies of emails and all correspondence between you and the Seller to give you ammunition when you need it.
I can understand what a worry this is for you when all avenues open to you appear to be closed, but again, hope that this matter is soon resolved and you are able to sleep easier.
It is a damn shame that this type of transaction is not easier to deal with for both parties sake.
I am originally from Kent, so backing you all of the way
Best wishes
BAZZER1

 

[Kylie_x]

Well, I have just spoken to the Consumer Advice line and here is there interpretation and advice:

The car is not of satisfactory quality, fit for purpose, or as described under the Sale of Goods Act 1979.

I have to write, via recorded delivery, to the dealer (who I think they may have records of from the tone of the ladies voice when she searched for the dealer and asked if that was them...I may have imagined it but she definitely sounded like she had something on her screen!!!) state the car, where purchased and for how much, bullet point all of the defects so far encountered and any effective communication I have managed to have with them about them and state the warranty they clearly want me to refer to is not applicable and is in addition to my statutory rights, not a replacement to them. I must then end with the cars is not of satisfactory quality, fit for purpose or as described and state the remedy I seek. The lady said I can offer a repair locally, with a competent garage with the correct equipment to diagnose and repair the car (subject to diagnosis and quote for repairs being compiled and accepted) due to the fact that they have already informed me that they do not have the correct equipment nor a specialist mechanic to do so but this will not affect my right to reject should they not be willing to agree to this. I must give them 14 days to reply, including the fact that if they do not wish to allow me to repair locally, that I would like my refund in that stated time.

It will also be fast track court if it goes that far and it can take 30 weeks from application just to get a court date!!! All this time I am still not able to use the car (and subsequently do not have the money to purchase another). She also advised that I would need a solicitor to represent me under these circumstances.

I am absolutely sick of this now. I have tried to spend the morning being cheery in front of my kids and now they are at school I just want to sit here and cry. What a mess.

 

[Kylie_x]

Thank you Bazzer.

Just thought I would add that I contacted Natwest Visa Debit today to enquire about a chargeback and they cannot help.

Apparently when you buy a used car you expect it to have problems and for that reason they cannot cover you. I would've argued with him that yes, whilst you do not expect a used car to be perfect you still expect that fault after fault is not thrown at you with a couple of hours of purchase.....even the law states that (Sale of Goods Act) but I was getting too upset to continue the conversation.

We are sensible and do not have credit cards, etc but I kind of wish we had and used one in this case as I might have had some luck under the Consumer Credit Act.

 

[Kylie_x]

Letter sent via recorded post so will hopefully arrive tomorrow.

Don't think it will do me any good but at least I am following the protocol required by me.

I have been looking details of the dealer online (surprisingly can't find bad reviews (I checked before buying from them anyway) but can't find good reviews either!). Have established who the director is but it's not the guy who claims to be the owner. The guy posing as the owner actually resigned as company director last month. None of this is probably relevant but good to know who I am dealing with. Have googled both names and nothing sinister comes up....:neutral:

It's going to be a long two weeks!!! Still no reply to emails.

I have spoken today to my local indie and also my local Mercedes specialist who are both happy to compile independent reports of the car should I require them if court proceedings become necessary.

 

[BAZZER1]

Hi Kylie
Well I suppose after you Googled the Dealer and nothing derogatory came back, it might be a good sign ?? As you have said its a long time to wait, but I do hope will be worth waiting for in the end.
The recorded post is the way to keep check of all received letters to them so they are not be able to dispute this and contacting your local Indie and Merc Specialist is probably all you can do at the moment.
Its a Waiting Game by the sound of it and not what you deserve after buying your car in good faith from the Dealer.
Keep thinking positive Kylie
Best wishes
BAZZER1

 

[npuk]

Check with the trading standards office in the area that the dealer is in to see if they have had previous complaints about them.

 

[Kylie_x]

Evening all...

I tried to get a number for Trading Standards in the area but the only number it kept directing me to was the Consumer Advice number. They asked for the dealers name and address so I wonder if they pass the details over to Trading Standards??? I will have another look tonight to see if there is an email address perhaps.

Since sending the letter I have been panicking that I may be behaving unreasonably? Although, then reality sets in and I think that I am behaving appropriately considering the amount of defects that have already appeared, and the complete lack of communication from the dealer. On their own some of the defects may be minor, but I think that when you put them all together they don't seem so trivial. And some of them are potentially detrimental to me....the locking affects my insurance, the boot is extremely inconvenient, the EML is at present an unknown issue and could be something extremely minor but could be something sinister about to rear its ugly head. The only reason I haven't got any further faults to report is probably only due to the fact the car is sitting, unused, in a garage!

I really hoped that the dealer would make some offer to repair the car as I genuinely love the model. Like I have already said, I would have probably taken the hit of repairing some of the minor issues myself but I can see the bill growing larger and larger by the minute. And if I started paying repair bills myself then I would be deemed to have accepted the car. This was what I was seriously considering yesterday (within reason of quotes for repairs before deciding whether to pay myself and then sue for costs of repairs) until I had the issue with the panoramic sun-roof. Again, this could be minor but I have a feeling that the sunroof alone is going to be problematic and heavy on labour. I have read that in a lot of cases Mercedes have advised full replacement (extremely costly) if you are keen to have a functional panoramic sunroof!!!! Not exactly an economic 'repair' on a second hand car but one of the main reasons I went for this model. I love the panoramic sun-roofs!

Everytime the post arrives I will feel sick, and probably for no reason. I will be astonished to receive a reply from them but only time will tell! Thanks for all your advice and concerns for me. Hopefully I will be able to end this thread one day (goodness knows when) happily and then anyone else who finds themselves in the same position as me will get comfort from me posting on this forum.

 

[andys320]

Really feel for you and hope you get it sorted.

I too had issues with mine when I bought it, I took to Mercedes and got a free health check, they put it on star and read all faults and a general once over - they reported £2.5k to fix all issues.

I contacted dealer and at their request drove down for them to view the car, this was a trip of 70 odd miles, they checked car - admitted faults and I then had to take back a couple of weeks later where they fixed all issues.

I too had to play hardball threatening to go to VOSA (Car had new MOT and issues arose that showed it should not) and emailed, phoned and was a general PITA.

In the end all worked out and although I would have preferred work carried out more locally being flexible helped in resolving situation.

I am not meaning to gloat and it seems that your garage are trying to ignore issue, all I am trying to say is keep at it, persist reasonably and perhaps accept it will need to go to them to look at to resolve and all could work out well. In this at least the law is on your side.

Very best of luck, it is only a car, but £5k is still a lot of money to pay out.

Hope you get it fixed and enjoy the car!

 

[Kylie_x]

Thanks Andy,

Glad you had a good end to what also seemed to have started as a nightmare for you!

Although I wanted the option to diagnose and rectify locally, yesterday I would have been relieved at an offer from them to look at the car themselves and admit the faults! I was actually expecting them to reply to my emails stating such an offer so they could prove that they were making reasonable attempts to resolve but absolutely nothing!!!

When you mean played hardball, did you also reject the car initially?? I guess to threaten VOSA you had serious faults that compromised the roadworthiness of the vehicle you brought. At present I cannot say that any such issues are present in the car I purchased but I am pretty sure that should it be placed on an appropriate fault reading machine, there would be more to find on there than what we are so far aware of! Even so, I could probably still be placated with an effective repair (as I keep saying....I love the car and the model specifically that I purchased, just not the faults!).

Thanks for informing me of your success!

 

[BAZZER1]

Hi Kylie
Please keep us updated where you hear anything, your experience although not good has created a lot of genuine interest on here and we are all keen to hear that everything has worked out well for you.
I am sure that all Forum Members will be willing to help you in whatever way we can.
Take care.
Best wishes :|
BAZZER1

 

[Kylie_x]

Little update

The garage have just spoken to my husband and have verbally confirmed receipt of all my emails.

They claim they have been waiting to speak to us verbally and sort out the issues. They have just offered (verbally so requesting in writing) to pay for local diagnostics and a quote for repairs and then go from there. They have said if repairs are reasonable then they will pay for them to be done locally but if not then they will arrange to have the car taken back to them for such. Although more preferable to have repairs done locally, at least if I get diagnostics done and have proof of all current problems, they will have to rectify them (or at least attempt to) as I will have reliable proof (that I trust) that they are in fact there. All I ever really wanted in the first place, as a starting point, was to have the car diagnosed by a local, reliable garage.

We are waiting to see if we can get the offer in writing before making any decisions. At least we have something to go on now!

 

[BAZZER1]

Hi Kylie
Sounds maybe like a light at the end of the tunnel
Well done that Lady
BAZZER1

 

[Kylie_x]

Thanks Bazzer,

Might have been a bit premature with the hope.....we emailed them to request their verbal assurances in writing but still nothing and its now 6 hours later!

This is just so frustrating....and all the time I am left without a vehicle.

If they are genuine in their verbal 'assurances' then there is no reason that they couldn't put them in writing....therefore I can only assume they are not genuine and will 'say' anything to make us go away but not actually intend to be bound by their 'word' (which means nothing to us now).

It looks like the only thing I can do is continue to pursue the rejection route. This really isn't what I wanted but I'm not prepared to be given the run around, given false hope and made promises that they have no intention of keeping and most importantly, pay money to put right faults that should not have been there. If these faults had occurred even within a couple of months after purchase I probably wouldn't even have bothered the dealer about them and would've sorted them myself (within reason) but within 24 hours of sale (and most of them within 2 hours of such) is not acceptable by anyones standards.

I'm going to have to see if I can hire a car, which I will then include in my claim against them. I have to have a vehicle. Near enough everyday after school the kids have one club, or more that aren't within walking range. Also the school is a 2 mile walk there and 2 miles back which works out at 4 miles a day for the kids and 8 miles for me if we have to do it on foot. Weekends are also filled with sports clubs that require transporting to.

I wish I had kept the Navara now!