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recently brought car, broken, not fixed and won't refund after they said would !!

(6 Posts)
Worley Thu 15-Nov-12 19:13:23

hi, thankyou for reading..
Less than a month ago my ex brought a new second hand car for me. it came with 1 month or 1000 miles warranty whatever came first. the sales man too him it was a new "replacement" engine and is an ex police car apparently. it is an 07 plate.
within a week of having car I had starting issues with it.. after we were able to get hold of salesman (he either not there or didn't answer phone) he advised to take I to a garage of his recommendation and they would fix it for me and he would pay. took it to garage where they were unable to check all glow plugs as one was stuck in ad they didn't want to snap it off. they couldn't find a reason for the not starting issue and asked me Togo back. however I wa going on holiday the next day and by time we would return the car would have been just over the warranty mileage. So they said they couldn't help me any further.
when back I took car to a local garage to me. he looked at car (it also has a BIG oil leakage problem - my driveway is a state!) they checked it out and said it was a serious problem which was an old issue and shouldn't have been sold like that. they wouldn't work on it as they said I had to take it back as they legally were responsible as only had car three weeks.
I took car back to salesman who looke under car and agreed it was, in his words "a shit car!" (it cost £2900) he said it wouldn't be worth messing around and repairing it and he would be happy to refund me. I agreed and said I would bring car back later so I could have a lift home.
I rung the salesman back to confirm what time I would be brining car back, as I also wanted to make sure he woul pay me back in cash as he was paid as I dont have time to wait for a cheque to clear I need another car.
when he answered he refused to speak to me and passed me to another man, who said I couldn't have a refund, they would fix car (again) or could have a replacement car but they don't have any of same plate. so if have to fix it. I said but the other salesman (who is also the owner of the company) had said I could hve a refund but he said it wasn't his place as he was selling the car for another and he should have said this (he didn't) and the other conpany who's car it was wont refund (turns out the other company is his uncles buisness who has bad rep for post sales service)
I have tried to ring back all day and been to the father twice and it's been shut.
my dad thinks I should return car and leave it there and take legal action against them, as the cars engine is not in a fit state to be driven. I have been told by a colleague to get trading standards involved too. I don't even had te log book back yet to return the car with.
sorry this is long winded..
but.. where do you think I would stand with this in court?
they tried to fix it and couldn't on the day and then agreed to refund and then refused a refund..
I'm stuck with a useless car after literally 3 and a Half weeks that cost a lot of money (to me!) and a lot of inconvenience..

Worley Thu 15-Nov-12 19:14:16

sorry for typos I'm on my phone sad

Worley Thu 15-Nov-12 19:43:29

anyone know about rights with dodgy car dealers?

prh47bridge Thu 15-Nov-12 23:02:09

A second hand car purchased from a dealer must:

- be of satisfactory quality taking into account its age and mileage
- match any description that was given
- be fit for purpose

As the car did not meet those requirements you are within your rights to reject it and get your money back but you must not delay. You probably only have 3 or 4 weeks from purchase to reject it. If you reject the car you must stop using it.

If you don't reject the car quickly enough you still have the right to:

- claim the cost of getting the car repaired
- claim a reduction in the purchase price, or
- return the car for a refund less a deduction for the use you've had

I would tell the dealer that you are rejecting the car and want your money back under the Sale of Goods Act 1979. If they refuse you should write to them giving them a deadline to return your money failing which you will take legal action. Given the price you paid for the car you can take action in the small claims court to recover your money if necessary. You don't need a solicitor for that.

If there are problems with the dealer it would be worth getting a report from the garage that looked at the car so that you can use that as evidence if the case goes to court.

londongirlatheart Thu 15-Nov-12 23:15:10

You could ring the Trading Standards. I find the phrase 'I have spoken to Trading Standards and they say ..............' normally works

hellodave Thu 15-Nov-12 23:40:08

i bought a car once which on our first longish trip leaked all the gearbox oil all over the motorway.

i got it recovered to the independant garage i bought it from and asked for it to be fixed, they called me a day later and it had needed a substantial amount of work. by the end of the week they had finished the work and i collected the vehicle only to get it home to find all the electrics had gone to pot...turned out the oil leak had caused the problem and they didnt bother fixing it. i got them to fix it. i got it home and it wouldnt start but i got it strated eventually. so i took it back and asked them what was wrong...they looked and found they had caused the problem when fixing the electrics.

so i asked for my money back...they got upset, the bloke got his son and his sons biggest mate in the office to tell me how i was mistaken and that the car was "sold as seen" and that if i was going to pay the price i paid i should expect problems, also i could jolly well leave and not come back (they may have used a different expression to that)

not being very intimidated by this i told them that before i agreed to their proposal i would like to seek some advice from trading standards as i was pretty sure from my experience as a police officer that "sold as seen" is no longer allowed and basically what prh47bridge said above.

i went home and 10 minutes later the man and his son knocked on my door. i thouhgt "oh dear perhaps i hadnt quite jolly well left either far enough away or quick enough and these chaps wish to remonstrate with me" actually as it turned out the idea of having trading standars interested in their company was not very appealing. they had an envelope containing the same amount i had paid for the car which they proposed they could swap for the keys to the car...i took the cash, handed over the keys and called trading standards.

dodgy used car dealers (and im not saying your lot are dodgy it may just be a one off bad vehicle) are a nightmare, theres always a chance your not the first or last person that will fall foul of them however there is good news. do what prh47 has said and get trading standards involved. it is not a private sale they are ( i think) a proper company and you have your consumer rights.

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