Suzuki Swift - Rejecting a car from a dealer | Legal matters | Back Room Forum

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Mon 28 Jan 2019 15:20

Suzuki Swift - Rejecting a car from a dealer - JLP123

I bought a 2nd hand Swift 3 days ago from a local dealer whose advert stated 89 point check on all cars. By the time I'd driven it home the steering wheel was failing to self centre. Today I noticed the clutch was starting to slip and smell. I dipped the oil, to find the oil level was a good 10 mm over the fill mark and the air filter hadn't been changed. The oil also smelt (in my opinion) quite strongly of petrol. After taking it to get the wheel alignment checked I found out the alignment was way off. Getting that sorted helped the steering slightly but it still wont self centre. I called the dealer who said he was at a loss as to why the steering wasn't self centring. I also spoke to his mechanic who said the same. They have asked me to bring it in on Thursday. Am I within my rights to demand a refund as this car quite plainly never underwent any inspection and chances are needs a new steering rack.

Thanks for any responses.

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Tue 29 Jan 2019 00:13

Suzuki Swift - Rejecting a car from a dealer - focussed

It seems that you are not the first to complain about the steering on a Suzuki Swift not self-centering.

suzuki4u.co.uk/forum/viewtopic.php?f=25&t=19274

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Tue 29 Jan 2019 08:53

Suzuki Swift - Rejecting a car from a dealer - JLP123

Yeah I read that post which makes me think it's the steering rack. I spent yesterday going over the car and there's a few things that weren't apparent when I bought it.

There's an issue with the starter motor making a grinding whirring noise on start up. So it and possibly the flywheel need replaced.

There's a lot of grey smoke coming from it on start up, and the oil level has dropped significantly in just 50 or so miles. So the engine is going to require an expensive fix.

The smell of burning clutch is now apparent, so it's on it's last legs and on top of all that the steering rack looks shot. I jacked the front end up off the ground and found no roughness, binding or tight spots turning the wheel lock to lock, so I'm guessing the electric power steering is the issue as I got the alignment done.

Oh yes and on a couple of occasions turning the ignition has triggered the central locking.

I'll be phoning the dealer today to reject the car. With any luck he'll accept it without a fight. If not, I'll book it into a Suzuki dealer for a report, then take the dealer to court. I paid £2000 for a 2006 1.5 VVTS GLX with 67000 miles which supposedly came with an 89 point check. There's enough evidence to suggest that not only is the car not of an acceptable standard, but also mis-sold as there's no way it's undergone an 89 point check.

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Tue 29 Jan 2019 11:45

Suzuki Swift - Rejecting a car from a dealer - 72 dudes

Best of luck, I hope you get what you want.

However, before someone else chimes in...............

Clearly there are grounds to reject under the Consumer Rights Act 2015.

But this was a cheap car, which is over 12 years old and what's 'reasonable' in these circumstances becomes more of a grey area.

Dealers who sell cars at this money are not known for their fair play and even if you win in court, there's a chance they will just change their name and refuse to pay.

Did you not inspect and drive the car before you purchased?

I hope I'm wrong and the dealer does the right thing and refunds you your money.

Please come back and tell us what happens.

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Tue 29 Jan 2019 15:59

Suzuki Swift - Rejecting a car from a dealer - concrete

Best of luck with rejecting the car. The experience will be relatively smooth or tortuous depending on the dealer and his attitude. If he is fine then maybe something else from his stock as a swop could be arranged. I did once many years ago. Still climbing the greasy pole, mortgage, kids, etc etc so I bought a few used cars cheaply. One seemed alright but after a week it didn't feel right. Took it back and the dealer was fine so I took a used Volvo as a swop and kept it trouble free for years.

I suppose it is partly how you approach the situation. If you go in quietly and politely outlining the problems and the fact you have completely lost confidence in the car and that you expect the dealer to do the right thing for you, there is a better chance of a decent outcome.

Let us know how you get on.

Cheers Concrete

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Tue 29 Jan 2019 20:55

Suzuki Swift - Rejecting a car from a dealer - JLP123

Thanks concrete

I have been here before with a 2nd hand car of similar value from a much larger dealership. It was a nightmare. The power steering light came on after 3 days and a quick google revealed it was an £800 - £1000 fix. I informed my insurance company I was rejecting the car and taking it off the road. The dealership insisted I wasn't getting my money back, so I informed them I was taking it without prejudice to the main Fiat dealer, who confirmed the fault was a pre-existing one and the light had been turned off 19 times previously. They also confirmed the £800 plus bill to fix the issue, which was being denied by the dealer I bought it from.. After 2 or 3 weeks of agro and finally sending a letter to head office threatening court action, they collected the car and refunded the money.

Hopefully this guy will do the right thing and just agree to come get the car and refund me. If not, it's not my first rodeo. It's not even my second. A garage some years ago ruined the paintwork on my car when I left it in to get a scratch repaired. It went all the way to court. He lost and what started as a small repair cost him 5 figures in legal fees, court fees and compensation.

Even my present car (the swift I bought for my daughter) which I bought new had a head gasket problem from new and it took 2 years of complaining before the dealership sent it off for specialist testing which showed that it did indeed have an issue.

Sometimes I think i must be cursed when it comes to cars.

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Tue 29 Jan 2019 20:30

Suzuki Swift - Rejecting a car from a dealer - JLP123

Thanks 72

The price isn't that significant in these circumstances. I paid £2000 for a 12 yr old car with 67000 HPi verified miles on the clock. It was advertised as having an 89 point check and FSH. Turned out it didn't have a FSH, and considering it's faults it's not unreasonable to question the 89 point check.

The car is no longer even starting. I tried to start it this morning. Battery is fine but it isn't even attempting to fire up. It is totally dead. What I have is a car that doesn't start, requires a possible engine rebuild, requires a new steering rack, a new clutch, a new starter and possibly a new flywheel. Not to mention the random electrical fault with the central locking. That is pretty black and white. No one can reasonably argue that that is to be expected considering the price, age and mileage of the car.

I did inspect the car and took it a test drive. It started on the button, ran smoothly and no clutch slippage was detected at all. Nor did I notice any grey smoke. None of the above faults were evident to me at the time. I am not obliged to be a car mechanic when buying from a dealer. The dealer is obliged under law to provide a car that is fit for purpose, of satisfactory quality and as described. This car didn't meet any of those stipulations.

Nor can I see how he can just change his name and wash his hands of it. He will still be liable. He has a pretty professional website and two sales sites and bangs on about how important customer satisfaction is to the business.

I got speaking to his mechanic today and explained the issues. He told me to phone the owner to see what he says. The owners phone went straight to messaging every time I called, so I still haven't got speaking to him yet, but I'll let you know how it goes. I've the letter of rejection ready to go, but would prefer to talk to him first.

Edited by JLP123 on 29/01/2019 at 20:32

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Tue 29 Jan 2019 21:15

Suzuki Swift - Rejecting a car from a dealer - focussed

"I've the letter of rejection ready to go, but would prefer to talk to him first"

I would send the letter registered and signed for now, the dealer principal cannot then deny it was received, as he could if you handed it to him.

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Tue 29 Jan 2019 23:01

Suzuki Swift - Rejecting a car from a dealer - JLP123

I will be sending the letter(s) registered delivery to both his sales sites and emailing it to him. Unfortunately his website doesn't supply an actually email address. The email facility is integrated into his website. I'd rather give him the chance to simply agree to the refund without issuing threats of court action, but I'm sure he knows exactly what's headed his way because the mechanic will have told him. He doesn't seem keen to return my calls, so I guess it'll be the letters after all.

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Fri 1 Feb 2019 16:36

Suzuki Swift - Rejecting a car from a dealer - Miniman777

I will be sending the letter(s) registered delivery to both his sales sites and emailing it to him. Unfortunately his website doesn't supply an actually email address. The email facility is integrated into his website. I'd rather give him the chance to simply agree to the refund without issuing threats of court action, but I'm sure he knows exactly what's headed his way because the mechanic will have told him. He doesn't seem keen to return my calls, so I guess it'll be the letters after all.

That will bot be good for him if it ends in court, surely?

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Mon 4 Feb 2019 20:26

Suzuki Swift - Rejecting a car from a dealer - JLP123

No wont be good for him, but then the car packed in within days of ownership so I'm well covered under the Consumer Rights Act

I got speaking to the mechanic again today, but the owner still isn't returning my calls. The landline number now goes straight to the secondary site where the mechanic is, rather than the main sales site, and the owners mobile goes straight to answer machine.

I've checked Companies House and the business isn't registered, so he's trading as a sole trader. However I also read a sole trader must include his name on all official documents even if trading under another name i.e. Joe Bloggs trading as JB car sales. His invoice simply has the name he is trading under. I'm going to contact trading standards about this fact. I'm also going to report the fact he advertises 68 years of experience when there appears to be only him and the mechanic and between them their ages wouldn't even add up to 68, never mind their motor trade experience. The fact they advertise 68 years experience makes me think the guy presenting himself as the owner may be the owners son,. and I need to clarify this before I start any legal proceedings. I addressed the letter of rejection to Owner/manager as I hadn't a surname. Going by the postal receipt I now have a surname which fits with the business name initials, but I still cant be sure he's actually the owner. This may well be a ploy to hide the identity of the owner in circumstances like this. Hopefully Trading Standards can throw some light on it for me.

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Thu 7 Feb 2019 16:58

Suzuki Swift - Rejecting a car from a dealer - JLP123

Well there's been a positive response today in the form of an email from the dealer requesting that I inform him when I receive the V5 so he can arrange refund and pick up the car.

I do have another question if anyone knows the proper procedure for this. My plan would be to hold onto the car and V5 until any cheque clears into my bank. Also what should I do with the V5? Do I treat it like any other sale, hand him the new owner section and send the rest of it off to the DVLA myself? I've a feeling he'll be looking for me to simply hand him the whole document, which I'm not comfortable with. What is the correct procedure in this situation?

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Thu 7 Feb 2019 17:10

Suzuki Swift - Rejecting a car from a dealer - SLO76

You fill in the yellow section 9 sold to trade part of the V5 and send it off yourself, the dealer then keeps the rest of the document. He won’t let you keep it while a cheque clears but an instant transfer can be done to eliminate any worries.

He’s doing good by you here by refunding a cheap older car like this. I’d say he deserves a bit of respect for not fighting you or trying to give you the runaround. He’s obviously a legitimate trader though this one slipped through any checks. He certainly shouldn’t have sold a car with a knackered steering rack and a slipping clutch if your description is accurate.

Edited by SLO76 on 07/02/2019 at 17:16

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Thu 7 Feb 2019 21:24

Suzuki Swift - Rejecting a car from a dealer - JLP123

Thanks for the advice SLO.

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Sat 16 Feb 2019 18:35

Suzuki Swift - Rejecting a car from a dealer - RafflesNH

"I’d say he deserves a bit of respect for not fighting you or trying to give you the runaround."

So what is this sort of behaviour characterised as?

"...but I'm sure he knows exactly what's headed his way because the mechanic will have told him. He doesn't seem keen to return my calls,"

and

"I got speaking to the mechanic again today, but the owner still isn't returning my calls. The landline number now goes straight to the secondary site where the mechanic is, rather than the main sales site, and the owners mobile goes straight to answer machine."

Definitely not an Arthur Daley, oh no. Respect to da man!

rofl!

Edited by RafflesNH on 16/02/2019 at 18:36

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Sun 17 Feb 2019 12:09

Suzuki Swift - Rejecting a car from a dealer - SLO76

Well RafflesNH after over two decades in this trade I know the type of trader who deals in this sort of cheaper end stock and they tend to be well versed on dodging their legal responsibilities. This one despite his or his staffs flaws did accept the car wasn’t right and refunded the OP.

I can assure you this is unusual at this end of the market and anyone buying this sort of cheap motor should buy very carefully and seek a knowledgeable person to properly check any prospective purchase thoroughly as most are sold by dodgy borderline ltd firms which simply bankrupt the trading name, reopen in a different name and dodge any court order to refund.

This has hopefully been a lesson learned for the OP, fortunately one which ended well. I’d typically recommend buying privately at this money instead of at small backstreet dealers who’ve sourced most of their stock at auction. Yes you’ve no comeback but you’ll have a far greater chance of finding a good car plus it’ll generally be cheaper too.

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