Fuming with car dealer

[AngryAnnabelle]

We bought a car 3 weeks ago for £4000 - BMW 3 series 2006 plate with 70,000 miles on the clock
Bought from a car dealer and the car came with a 3 month warranty as standard
Within 2 days the oil light had come on, we filled it up and within half a day it was empty again.
Took it around to local garages and they thought it was the piston rings which would cost £2000 to do.
Anyway, after a long argument he agreed to collect the car to repair and said it was done after a day.
He said it was the valve stem seal that was causing the oil issue and gave us an invoice from the garage next door to his shop that had done the work.
We have now had the car back a week and the issue has come back. Not as severe but using 1/4 of the oil every few days.
He is refusing to fix it again as is now saying it must just be as the engine is old it is burning oil!
What can we do?!

[ThreeFish]

Return it. Not fit for purpose. Sale of Goods Act.
Get your money back.

[SheRaaarghPrincessOfPower]

Definitely return, and as soon as possible. How did you pay for it?

[WellErrr]

Return it, threaten with trading standards.

[FeliciaJollygoodfellow]

Well you'd think that would be better than my 15 year old Zafira which only needs topping up every few months.....

I agree, it needs returning.

[mummmified]

You are legally entitled to reject the car. Google it.

[AngryAnnabelle]

He won't take it back
We said all this the first time
His reply was " see you in court "

[AngryAnnabelle]

I know we are legally entitled to - but he won't do it!!
He now just rejects our calls, doesn't respond to text messages or emails

[SheSaidHeSaid]

Call the CAB, they'll talk you through what you need to put in a letter (send recorded delivery) and start the process of legally giving the car back.

I had to do a similar thing a few years ago.

[mycavitiesareempty]

When he says "see you in court" you say "ok". And serve papers on him.
You can take him through the small claims court process. The shit.

[ExtraMushroomsPlease]

I had the exact same problem, even down to supposed issue being fixed and then the problem returning. He was cocky like your one sounds and wouldn't accept it for return or answer calls, terrible how they think they can get away with it!

[WellErrr]

Yep, see him in court.

Go through small claims, it'll cost you £60/80 (can't remember which) and they'll almost certainly find in your favour. Get an independent garage to do a report too.

[AngryAnnabelle]

We don't really have the money to take it through court
It's £105 to start but will be end up paying more along the way?
I've already submitted an online trading standards request

[SheRaaarghPrincessOfPower]

Don't suppose you paid for it with a credit card?

[MyHairNeedsASnip]

We had to return a car once. It took a rather tense stand off and a heated argument, but we got our money back. Don't let them get away with it, it will piss you off every time you look at it.

[confusednorthner]

We've been through similar and I found after endless calls and letters that sitting in their showroom with two toddlers and refusing to leave without my refund worked rather well

[AuntMabel]

Reject it under the Sale of Goods Act. Write a letter clearly listing all of the faults, send it by email/recorded delivery. Drive it back. Sit on the forecourt until the fucker refunds you. Don't accept any offers of repair, or excuses that they will have to fully investigate the vehicle before they refund - it's been 3 weeks, the car is a lemon. I speak from bitter experience, having dealt with the lovechild of Boycie and Harry Wormwood.

Did you pay any of it on a credit card? Under Section 75 of this Act, credit cards must provide protection for a purchase above £100 and below £30,000. If it comes to it, you can claim the full purchase price back this way.

[WellErrr]

You can't afford NOT to take them to court, a car using oil like that isn't going to last long then you'll be £4000+ out of pocket, not £105

[AngryAnnabelle]

No paid with in cash unfortunately
We said we would drive there and sit and his reply was you'll be sitting a long fucking time so I don't think he's going to be slightly worried about us sitting there
I'll have to go through the courts then but how do I prove the faults?

[MyHairNeedsASnip]

That's what we did confused sat there and refused to move. I was pregnant and hormornal. I can laugh now but it was awful at the time.

[ExplodedCloud]

BMW 3 series engine at 70k miles should categorically not be using that much oil.

[Boooooom]

I am currently taking a car dealer to court, scheduled to be heard at small claims next month.
Bought a car on the Sunday (having viewed it a few days before and them doing a few things on it for me in the mean time) engine management light came on the next day and the damned thing was totally fucked by the Thursday.
You are protected by the Consumer Rights Act 2015 but it is a tough set of hoops to jump. Currently cost about 700quid in fees but if we win will get that back. Car was 10k so couldn't let that slide...
Also had a warrenty but lost faith in the dealer by this point so am going after a refund...

[AngryAnnabelle]

He's loud arrangont and quite intimidating to be frank
I'm not sure what he would do if we did that
How do you prove the fault to the court?

[Boooooom]

Ps to prove the faults get an independent report from another garage

[SeriousSteve]

You prove the fault by having an independent garage to verify it. Get it in writing.

[AuntMabel]

You are absolutely entitled to a refund on faulty goods, be it dropped hem on a skirt or a £7k car, there is no doubt about that.

If you are sitting on his forecourt returning one of his faulty cars, putting potential buyers off, preventing him from making sales I doubt you'll "sitting a long fucking time" anywhere. Has he actually sent you those sort of messages? Keep them - if you do end up going to court it will support your case.