I've been sold a crashed car!

[Shaun1982]

Could you not dump it with them & ask for a courtesy car whilst they try make a decision?

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[SMB]

I take your point but what does fit for purpose mean? It means more than just being able to drive it, although with one of my front bumper inserts also falling off and being run over by a following motorist, revealing a wobbly air intake behind that is now unprotected and knocking on something else, would I assume certainly strengthen my case.
The car is now realistically undrivable due to the likely cause of more damage.

Fit for purpose includes being able to drive the car in an expected level of comfort, which is where you get the dealer by the short a curly's. Who are they to determine what your exepected level of comfort is? I for instance would argue that I cannot now be comfortable in a 12K mile car that has both gear box and engine oil leaks. A lack of trust in the car clearly makes driving it actually uncomfortable (while I wait for the engine to blow up or the gear box to seize) and indeed I am now less likely to press my right foot to the floor as frequently or as hard and therefore cannot enjoy the car in the manner in which I intended.
Of course you can always fall back on the fact that had I know that the car had been in need of repair, and not being an expert I didn't, I clearly would not have bought it. (The price I paid was market value and not for a car that needed repair).

I purchased from a very reputable dealer (They sell Astons and Jags - having taken the Roc in as a part ex for a Jag), and in discussions before even seeing the car I made it quite clear to them that the condition was of the utmost importance to me (I can be a picky arse when it comes to the condition of cars) and I was assured that this car was just like it cam out of the box. Clearly this is not the case although giving the car the once over it seemed in great condition. It is only when cleaning a car that you see it for what it is and the fact that the car had been repaired in itself has ruined the thought of ownership.

As a customer I am not expected to be an expert and can return faulty / not fit for purpose goods within a resonable amount of time which the act seems to suggest is around 6 months.

You do not have to accept a repair

I'm picky when it comes to cars too so I fully understand your thoughts and feelings. I'm just trying to apply some balance , you paid market value for a second hand car not a new one, and you can't expect and the law will not expect it to be as new. How bad are the leaks? Are they minor weeps or cracks in casings? The 85 point check is just a check, I realised this years ago they have no obligation to fix anything borderline, or less than perfect if still legal. Did you get a copy of the check? Was anything highlighted?

The dealership may well be very good about it and accept a return, but I doubt the law would force them to if these are fair wear and tear on a second hand car. I wish you every success but I think your position is not as strong as you think it is legally, that's all I am suggesting.

[Gutu12]

I think you're probably right. Have been on the phone and they have agreed to pick the car up and fix all the bits. The mechanical stuff I'm not worried about to tell you the truth, it was more the cosmetics.

One of the things that is most annoying is the after market bloody parking sensors, front and rear that the previous owner had fitted. Cheapskate!!!

[Shakeystevo]

I think you're probably right. Have been on the phone and they have agreed to pick the car up and fix all the bits. The mechanical stuff I'm not worried about to tell you the truth, it was more the cosmetics.

One of the things that is most annoying is the after market bloody parking sensors, front and rear that the previous owner had fitted. Cheapskate!!!

Glad you got sorted. Just hope I get some good news tomorrow

[SMB]

I think you're probably right. Have been on the phone and they have agreed to pick the car up and fix all the bits. The mechanical stuff I'm not worried about to tell you the truth, it was more the cosmetics.

One of the things that is most annoying is the after market bloody parking sensors, front and rear that the previous owner had fitted. Cheapskate!!!

Glad you got sorted. Just hope I get some good news tomorrow

You case sounds stronger on the grounds of being unfit for purpose, given the poor repair identified and the inherent fault codes in the engine. Given the likely cost for the dealership to rectify, their lowest cost option is probably to buy the car back and auction it. Without seeing the damage under the skin and the filler you mention it hard to say for sure but the very fact there's obvious filler would ring alarms bells as far as safety is concerned.

[Shakeystevo]

Just thought I'd post a quick update... So far, it's not looking promising.

Since last Monday the garage have ingoned my every attempt to contact them.

Tried to reach the dealer locally - no response.
Tried the dealers regional boss - no response
Rang their head office twice - promised calls back - nothing...

So angry it's unreal!

Contacted citizens advice. They told me to write a formal letter for the next step. Done that and sent it over special delivery, they should get it Monday for what it's worth.

They advised me to give them a further 7 days to respond before moving to next step, which is legal.

CAB have said I am certainly entitled to a refund, repair or replacement under the sales of goods act. Also told me to keep all receipts for any consequential losses as I could claim these also. Given I can't drive the car looks like I'll have to hire one...

Fingers crossed I can get somewhere next week.

Cheers
A

[Shaun1982]

Best of luck mate. At least you've got backing from cab [THUMBS UP SIGN]

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[Cuprabob]

To be honest I would have went to the garage in person and not left until I was happy the issue was being resolved ir tbe Police removed me.

Good luck and having the CAB on your side helps.

[Shakeystevo]

To be honest I would have went to the garage in person and not left until I was happy the issue was being resolved ir tbe Police removed me.

Good luck and having the CAB on your side helps.

Haha wish I had the bottle to do that. I'll push the diplomatic route first lol.

Having the CAB is great, they were very helpful on the phone...

[Rob]

Id spend a busy Saturday afternoon in the dealership telling everyone who walks in that they sold you a dud!! I bet the dealer principal would talk to you then!!

[Shakeystevo]

Haha what you doing next weekend!!?

[Shakeystevo]

Forgot to add... CAB said to think about using Visa Charge Back to claim the money back.

Think it basically involves my back recovering my money back from their bank...

Anybody used this before?

[moulin12]

To be honest I would have went to the garage in person and not left until I was happy the issue was being resolved ir tbe Police removed me.

Good luck and having the CAB on your side helps.

Haha wish I had the bottle to do that. I'll push the diplomatic route first lol.

Having the CAB is great, they were very helpful on the phone...

Really disappointing to know of this type of response from a main dealer, going on what's been reported.

Have always found my local CAB to be really helpful as well. Should it offer some comfort, I have twice gone down the legal/small claims route and achieved very pleasing outcomes. In the one case, once the letter was received, the company acted. In the other case, went to small claims: bailiffs went into a going-concern and the company coughed up the money.

I feel the need to point out that I'm not the type of person who subscribes to the claims industry - have never claimed for PPI, injury etc. But if I've been sold a dud I will do what I can to ensure justice!

Must be a distressing/frustrating time for you. I hope it's resolved to your satisfaction very soon.

[Shakeystevo]

To be honest I would have went to the garage in person and not left until I was happy the issue was being resolved ir tbe Police removed me.

Good luck and having the CAB on your side helps.

Haha wish I had the bottle to do that. I'll push the diplomatic route first lol.

Having the CAB is great, they were very helpful on the phone...

Really disappointing to know of this type of response from a main dealer, going on what's been reported.

Have always found my local CAB to be really helpful as well. Should it offer some comfort, I have twice gone down the legal/small claims route and achieved very pleasing outcomes. In the one case, once the letter was received, the company acted. In the other case, went to small claims: bailiffs went into a going-concern and the company coughed up the money.

I feel the need to point out that I'm not the type of person who subscribes to the claims industry - have never claimed for PPI, injury etc. But if I've been sold a dud I will do what I can to ensure justice!

Must be a distressing/frustrating time for you. I hope it's resolved to your satisfaction very soon.

Thanks for that.

It is frustrating. I decided to buy from a mainstream dealer thinking that if I had issues they would be swiftly dealt with.

Being fobbed off with car salesman patter is one thing; but being completely ignored is just uncalled for, especially such a big dealer...

Upsetting too as I am looking outside at my roc just sat on the drive

[Roccobilly]

Did you get this sorted out?

[salsajoe]

Sale of goods act is worth a read: http://www.which.co.uk/consumer-rights/ ... act#link-5" onclick="window.open(this.href);return false;

Might help with your troubles.

[easyrider]

here's what happened to mine:

http://www.sciroccocentral.co.uk/forum/ ... =2&t=17969" onclick="window.open(this.href);return false;

[Shakeystevo]

Hey all. Sorry I've not been in touch in a while.

Managed to get full refund in the end so worked out OK.

I started legal proceedings and soon as they got a sniff of that I received a very polite phone call saying that the person who needed to deal with this was on holiday... But he was back and would authorise the refund. Bit of a fob excuse but didn't mind as I got my cash back...

Easy rider - read your post, totally agree with you, never assume because it's from a main dealer or HPI clear that it hasn't got history...

[Shaun1982]

Well that's good news then! What's the plan now? Get another roc?

[uklee]

excellent result ! - glad you got your dough back

when you say you 'started legal proceedings' what does than mean exactly ? did you pay a solicitor to send them a letter or something ?

Lee