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Mis sold a faulty car

9 replies

MissTT85 · 22/08/2023 14:39

I will apologise now for the long essay.

Bought a car on the 17th Jan 2023 in finance. Drove it home, banging noise at the rear went back to them the next day. They exhaust has jumping all over so it was replaced.
From then on fumes coming inside the car- down for a recall with BMW, not their issue they said so will after ring BMW.

2 days after, drivetrain symbol came on, fumes getting stronger, car loses power in ego mode, shudders and knocking on the front. All down to the recall I was told, if the drivetrain symbol turns red. Do not drive. I also told them the passenger side seat belt does no retract either.

4 months to be seen by BMW, the day before the cancelled no parts to fix it.

rang the car company again not our problem if you have a complaint go through the finance company so I did.

Managed to get the recall fixed by a different BMW- the drivetrain symbol is on due to other issues- leaking gearbox, clutch at stage 3

In the space of 10 weeks nothing much has changed, still got the car I cannot drive. I did notice the rain leaks in on the drivers side window, parcel shelf been replaced, car jumps forward when handbrake it on. Back lights are not the same and out of line. No one will take responsibility for the car I have been sold. I have to prove the damage was there before I was sold the car.

The finance company did hire a car inspection and this is what I found out:

the front and back bumper had been replaced, as well has the drivers side doors and wing mirror. Seatbelt doesn’t retract- should not have passed it’s MOT. Lights at the back out of line, handbrake failing, clutch Failing, gearbox leaking, smoking from engine with smell of fumes, metal clunking noise, exhaust jumping around. Refused to drive the car to inspect how it drives. Said the car has more than likely been in an accident. He suspected the metal clunking noise is due to the chain/timing belt. The state of car does not represent the miles stated 55,000 when I got it. The cost it fix is greater then it’s value of 12.000 should be returned to dealer. Advised not to drive.

The finance company have told me today, that the car dealer does not believe the report and I have to let them look at it themselves and repair it.

I told him I will not I do not trust them because I should not have been sold this car in the first place I want the car rejecting. Like I asked 10 weeks ago.

Has anyone else been through anything similar? Do I have a good case to go to small claims court?
I am still paying for this car so I don’t have the means to buy anything one. I am having to get the bus or taxis in the meantime. I just want this car gone!

OP posts:
ToWonderWhyIBother · 22/08/2023 14:54

The only issue with going to the small claims court, is that you may still not get your money back, they can just not pay you if you win, and you will have to pay the fee for the court 1st and then claim it back which is currently 5% of the 12,000 you paid for the car so £600 in fees.

I would either write / email the car dealership and copy in the Finance Company and tell them you wish to return the vehicle for a full refund as the car is not fit for purpose and hasn't been since the day you bought it.

The finance company may help you with this.

MissTT85 · 22/08/2023 15:02

ToWonderWhyIBother · 22/08/2023 14:54

The only issue with going to the small claims court, is that you may still not get your money back, they can just not pay you if you win, and you will have to pay the fee for the court 1st and then claim it back which is currently 5% of the 12,000 you paid for the car so £600 in fees.

I would either write / email the car dealership and copy in the Finance Company and tell them you wish to return the vehicle for a full refund as the car is not fit for purpose and hasn't been since the day you bought it.

The finance company may help you with this.

I don’t with to claim all that money back just the money I have paid so far, and the car returning.

The car dealer have received a letter of complaint as did the finance company stating the consumer act. The finance company are looking into it but can’t get much a response from the car dealer they are dragging it on. It has been 10 weeks once I complained and the car dealer has not responded to me once. The motor and financial ombudsman are aware of this too but the take 4 month to look into this.

OP posts:
SummerInSun · 22/08/2023 15:12

Not true that you need to go to the Small Claims Court - you can go to the Financial Services Ombudsman as you bought on finance. It's free and you don't need a lawyer and don't run any adverse costs risk. They have a dedicated page on their website about Car Financing claims, most of which are people who bought dodgy cars on finance.

Also, if you reply to the finance company saying you are going to the FOS they may suddenly become much more accommodating.

MissTT85 · 22/08/2023 15:15

SummerInSun · 22/08/2023 15:12

Not true that you need to go to the Small Claims Court - you can go to the Financial Services Ombudsman as you bought on finance. It's free and you don't need a lawyer and don't run any adverse costs risk. They have a dedicated page on their website about Car Financing claims, most of which are people who bought dodgy cars on finance.

Also, if you reply to the finance company saying you are going to the FOS they may suddenly become much more accommodating.

The finance company have advised me to go to the financial ombudsman because they can not resolve it. There is a 4 months wait with the Ombudsman

OP posts:
HeyThere111 · 23/08/2023 08:38

Is the dealership you bought from an AA recommended dealer? If so, you can complain via the AA and they will take it on for you.

YoSof · 23/08/2023 09:37

You go to the ombudsman, that is literally what they are there for.

There isn’t 4 month wait, complaints can take that long to resolve but can also be much quicker and it would take just as long in a small claims court!

The finance company have 8 weeks to resolve the complaint to your satisfaction, not theirs, yours. If they don’t, they have to refer to the ombudsman anyway and I believe they can be fined which is probably why they are discouraging you from using them.

Couldntthinkofausername24 · 23/08/2023 12:46

@MissTT85 this sounds like the pure hell we are going through at the moment. We bought a car in December and still going through small claims. We are now at the CCJ stage. It's a long slog

You need to follow the law down to the very nitty gritty bits

Private message me if you like and I'll help you sort it all.

Such a stressful time x

MissTT85 · 23/08/2023 13:44

YoSof · 23/08/2023 09:37

You go to the ombudsman, that is literally what they are there for.

There isn’t 4 month wait, complaints can take that long to resolve but can also be much quicker and it would take just as long in a small claims court!

The finance company have 8 weeks to resolve the complaint to your satisfaction, not theirs, yours. If they don’t, they have to refer to the ombudsman anyway and I believe they can be fined which is probably why they are discouraging you from using them.

I have the finance company 8 weeks to resolve, he said he hasn’t reached a conclusion and needed a further 2 weeks. The financial ombudsman were notified about this issue 2 weeks ago I rang them yesterday to check if they had received my paper work and they said they have high volume of applicants and it is 4 months until I will be assigned a someone to deal with my case.

The finance company rang me yesterday too to say the dealership don’t believe the report and said they want to look at the car and try fix I said which part? And he said let me ask them 🤦‍♀️

OP posts:
MissTT85 · 23/08/2023 13:47

HeyThere111 · 23/08/2023 08:38

Is the dealership you bought from an AA recommended dealer? If so, you can complain via the AA and they will take it on for you.

I am not sure I need to look into this. The company is called autozone

OP posts:
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