Bought car from dealer which is faulty and trying to get a refund issue

[bartonski]

Hi.

I bought a car last Monday from a dealer

 

 

within 30 minutes it stalled but started again so I kept using it unit Thursday when I had an independent mechanic take a look at it. I've been advised to return the car as its suffering from a few mechanical issues.

 

I contacted the dealer who initially refused to take the car back and only offer to repair.

After a bit he offer £4000 of the £4800 I paid.

Shortly after he offered £4400 stating that he would go no further as he'd have to repair it himself!

 

I contacted consumer rights who said I was entitled to a full refund including the £50 I had paid to the independent mechanic.

The problem is I part exchanged my car for £500

I bought the car 350 miles away.

And I need a car for work everyday.

 

 

If I reject it I know I can't keep I using it and as I've added lots of miles already he will be able to take off money for 'fair use'

 

my question is:

does the fact that I've part exchanged my car effect my rights to a full refund.

Also, how much is he able to deduct for fair use if I've added around 800 miles to the car.

 

 

And finally,

if I chose not to accept a £400 loss,

how long does anybody think it would take to go through the court and get my money back

as I can't afford to buy another car in the meantime and I do need one for work!

 

Help would be much appreciated !

 

 

Thanks

[renegadeimp]

Did you get to give the vehicle a good test drive befor eyou bought it. Were you offered the opportunity to look around the car and give it a good once over.

 

Youc ould also look into taking small claims action, especially as from your info, he knows he is in the wrong. I bet he tried using sold as seen as well.

 

 

What were the faults your mechanic identified?

[bartonski]

I did have a look around and drove it but I know nothing about cars really.

 

mechamics report below:

I did an inspection on the vehicle including a 15 minute road test

The customer has recently purchased the vehicle and immediately has come across concerning faults with the vehicle.

 

During the inspection

I noted a number of faults listed below:

Play in propshaft Gear linkage is bent towards passenger side, making it difficult to engage gears and a loud clunk when putting vehicle into 2nd gear especially

 

Play in anti roll bar, drop links and bushes corroded both sides

Strong diesel fuel smell in area of vacuum pump. (fuel lines from fuel filter channel past fuel pump)

cannot visually see fuel leak but evidence of leak (sludge)

 

Play in steering when driving Lack of power, struggled starting (slight fuel leak)

Also seems to be a slight lack of power, possibly linked to fuel smell

 

Wheel balancing appears out (probably 5g)

The vehicle had recently been MOTd and I feel that the concern would be that some of these faults should have been spotted during this test.

 

Furthermore the faults in my opinion give the customer a more than fair reason to return the vehicle and reject the purchase of the vehicle which I believe is still within 14 days of purchase.

 

I suggest that the customer double check with a consumer rights group but I believe that they are within their rights to try and return the vehicle based on the faults

[renegadeimp]

Can i ask if they sold it with MOT, or a new one?

 

I would push for a full refund with the dealer (make sure it is all in writing and send by recorded delivery, and give him 7-14 days ( your choice) to pay in full or youll take further action. If he hasnt refunded you in full by close of business on the last day, hope on line and file an MCOL claim.

 

It really sounds like youve met a dodgy dealer, so you are going to have to play hardball.

[bartonski]

Hello. MOT came new with the car and with no advisories. The garage has an MOT centre as part of their business.

I really can't afford to lose £450. But I can't see any other way of being able to go to and from work if I give it back and have to go through the courts.

[renegadeimp]

So sounds like a dodgy MOT as well, backed up by the mechanics report. Inform VOSA and start putting things in writing to get your money back. Alhough i would let vosa see the car and the MOT themselves.

[bartonski]

So sounds like a dodgy MOT as well, backed up by the mechanics report. Inform VOSA and start putting things in writing to get your money back. Alhough i would let vosa see the car and the MOT themselves.

 

Totally agree, but the whole process may take months. And in the meantime .. I wouldn't be able to use the car.

[dx100uk]

no I don't think its fair to charge £400 for 800miles usage

consumer rights are correct

 

full refund and cost of report.

 

court will not be a quick process sadly

if he defends

 

greater than 1 month for sure

[bartonski]

I thought as much. Such as shame as I can't afford to go without a car and I can't afford to lose £450!

does anyone know if I'd have to stop using the car straight away or could I sorry on using it. Also is there a set cost that is made per mile for this type of thing when it comes to paying for fair use

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/showthread.php?453329-Profiled-Cars-in-Pitsea-Essex-say-new-30-day-rule-is-NOT-retrospective.

post 10

 

 

Under the Consumer Rights Act (which replaced the Sale of Goods Act in October 2015) you have a statutory right to return something and get your money back if it's faulty.

But you're only entitled to an automatic refund if you return it 30 days otherwise you can must give the retailer a chance to make a repair or replacement. sorry its 14 days without a reason

[ukguy2k]

[unsubstantiated claim removed]

 

problem is if you been told its going to cost to fix and going to get worse if you don't fix the issue you could lose the court case as you refused to use a car that's unfit for the road and endanger road users if you do decide to pay to fix the car then get the invoice and take him court as that be proof of damage to the vehicle

 

also if you return the car for a refund he should give you the value he give for trading your car on top as he would of already sold it if the car is unfit to travel the distance then its there problem to collect the car at there cost

 

but if it was private you would have a big issue because you wouldn't have a leg to stand on but never trust dealer or private when buying a car as they will say anything

 

I had a friend at work buy a 9k 4x4 and with in 1week it needed a new battery , 2 wheel bearings , wheel locking nuts replaced as there wasn't a locking nut to take them off and she sent them the bill to the dealer and she not heard anything back so she be taking them court if they don't pay the cost of the repair

Edited August 30, 2016 by Conniff

[bartonski]

I thought as much. Such as shame as I can't afford to go without a car and I can't afford to lose £450!

does anyone know if I'd have to stop using the car straight away or could I sorry on using it. Also is there a set cost that is made per mile for this type of thing when it comes to paying for fair use

 

 

That's great!

Its been 7 days so far. Is there any possibility of taking the car back on Tuesday, leaving it with him, accepting the £4400 so that I could get myself something else to be able to travel to work etc.. And then continue to persue the remaining amount of £400.

Kind of like a partial payment. Otherwise I'm afraid he's got me n a very difficult postion.

If I dropped the car off at the dealership, would that mean that I've handed it back ... Even though he might not accept it? That would mean the car would be sitting there still in my name

[ukguy2k]

if you accept the £4400 then you wont be able to do anything I don't think as you agreed to is price for taking it back

 

 

you could try threat him with court if he doesn't give the price you want for it

 

 

also did pay with cash or finance

 

 

but you could just go court because you got evidence that the car as faults

 

 

also if he refuses to have the car back he could tell you to get it off is court yard

[bartonski]

I paid by bank transfer.

 

 

I think it might be possible to accept a partial payment and then persue for the rest.

 

 

It happens in other circumstances so it should be ok here.

 

 

I'm sure any judge will understand that the need to get some of the money back in order to buy a car for work is my priority but that shouldn't stop me from exercising my consumer rights and getting a full refund

[ukguy2k]

depends if hes got another car you like and if you do get another car from him I suggest you take it to a garage for a check over and if that turns out its got issues is then take it back for a full refund and if he registered on google website is give him a bad review to warn other people

[bartonski]

I wasn't planning on buying another from him and hoping to get a full refund for this car

if he feels he doesn't have to offer a refund then I will go to court

 

I prefer to take a partial refund in order to get myself a car rather than continuing to use the car that I'm trying to send back

[scaniaman]

Sorry to hear of your bad experience bartonski.

We are all wiser after the event, but I always recommend that people buy their cars from a local (preferably family owned) garage to prevent the distance trouble you will have in returning the car. This type of trader will want sales through word of mouth from satisfied customers.

For those with limited knowledge of cars, I also recommend that any prospective purchase be inspected by a mechanic prior to money changing hands. The cost of this can be far less than the hassle and losses incurred otherwise.