Hi All,I'm looking for a little help and advice.I bought a 2008 car from a dealer on 12th October 2011, after viewing over the internet (dealer is 176miles away). I travelled to the dealership to buy the car after I gave it a test drive.
I drove the car home and it seemed fine. The following morning I drove the car down to town and the ESP warning light came on on the dash. I got the car in to the local dealership at my earliest convenience which was the 21st October only to be told by the dealership that the pump had failed, as a result the esp system and the traction control system no longer worked as intended and there was the potential for the abs to fail to function properly as well.
I got a report stating all of this from the dealership and immediately contacted the dealer that sold me the car. They offered to fix the car under their 3 month in-house warranty, however I refused to drive the car 176 miles to have it repaired after finding out that some of the safety systems weren't functioning properly, if at all. As such I asked them if they were willing to pay the local dealership to repair the car (I could get it recovered there at no cost to myself and minimal inconvenience). They refused so I informed them that as a result of the car being faulty I was well within my rights to reject the car as I had only owned it for 9 days. They told me to go ahead. I contacted Which? legal and they advised me of my rights and what to do.I sent them a letter stating my official rejection of the car and requested a full refund within 14 days.
I received a reply letter from them stating that I had to give them the opportunity to repair the car and that I refused to take the extended warranty which would have meant they would have paid the local dealership to repair the car, and that they were still happy to repair the car.I am curently at the point of writing my reply which will inform them that I am not obligated to afford them the opportunity to repair the car and that I they have 7 days to collect the car and provide me with a full refund. I will be including extracts from the SOGA to back up my points. The sections I will be refering them to will be:- Section 14, Subsection 2- Section 36- Part 5A; Section 48I have spent considerable time trying to research my rights in this matter and believe I am well within them, however I have that horrible niggling feeling that I might be wrong. This I feel is borne from my lack of experience in situations such as this.
Please could some knowledgable members affirm my beliefs or show me the error of my ways, I'd really appreciate it.Kind regardsDan