New car stopped working : ((78 Posts)
My mum bought a second hand VW golf last weekend from a trader advertised on Autotrader, it's had two owners, all service history, seemed all above board. However she drove home yesterday and it stopped working, pulled over called RAC who plugged it in to electrical test and said it will cost over £1000 to get it fixed.
My mum was going to have it checked by RAC prior to purchase but didn't, she also didn't purchase the warranty. Why on earth she didn't do either I honestly don't know (I despair). The seller has said he will look at it tomorrow but does anyone know what her rights are, does trading standards have any guidelines as to 'cooling off periods' for car purchases? She paid by debit card (I said should have been credit).
My mum doesn't have much and has had the most unbelievably awful few years, has just left her abusive partner etc etc, I don't know how much she can cope with and I'm trying to pick up the pieces with her all the time and this is just another thing we do not need : (
did she buy from a person or a garage/used car showroom?
Normally with the latter there is a warranty - a few months or if you are lucky, a year
sorry - just re-read the OP
In which case, im stumped. Hopefully someone who knows aboit this will be along soon
She bought from a dealer, apparently starting up his business but she didn't buy the warranty.
I thought warranties came as standard when bought from a dealership?
I don’t know the answers but i just wanted to empathise with your mum. If she’s just left her abusive partner her brain will be all over the place, I found it really hard to make good decisions for a while in similar circumstances.
Hope it can get sorted
Her rights are easily google-able.
You used the word trader in your OP. That’s good. He may try and say he’s a private seller, but if he’s regularly selling cars he is a trader. Which gives your mum stronger rights. Basically the trader has to prove that your Mum did something wrong to wriggle out of fixing the issue. Which given how soon it happened isn’t likely to be reasonable. She may have to go through the small claims court to get her money back if the car can’t be fixed, but her rights are strong.
Have a look at the website, this shows her rights:
The warranty is a red herring. The seller has an obligation to repair, replace or refund.
As it’s within 28 days of purchase I’m pretty sure you can take it back and demand a full refund. We did this after the car we bought was found to need an entire new gearbox. The dealer didn’t like it and tried to fob us off but essentially it’s not fit for purpose. Just like your mums.
Firstly, contact the trader - they might be happy to take the car back and return the money. It's not always possible to tell what will break next on a used car and it might be pure bad luck. A decent trader will do the right thing. So please try first.
If no luck, go to an independent garage. A code read points the mechanic in the right direction, it doesn't give a definitive answer as to what is wrong. A part might not need replacing, it might need cleaning or regenerating. The trader will be even more likely to cover the bill for this without issue - but contact them first.
It doesn't have to be a battle and it probably won't be. I'm in this area of work and the amount of people coming in for a battle is awful. Used cars are a minefield and most decent traders will always take responsibility and do the right thing before getting any third parties involved.
As it’s within 28 days of purchase I’m pretty sure you can take it back and demand a full refund
I believe this is the case, although 30 days I think. I’d be asking for a full refund but I guess actually getting the money may be a different matter
I had exactly this and the car seller refused to fix it. I took them to court which sounds complicated but was really just filling in a form and paying a small fee. They were ordered to pay for the cost of repairs. It was dead simple. Don't let then get away with it. There is a legal warranty period, I think it's 3 months.
I'm pretty sure that within the 1st 28 days the seller has to prove the fault wasn't there when it was sold and has to put right/refund if he can't. Not 100% though. Hope it's sorted x
Gosh thank you all so much, have just read the consumer rights link (thank you mrsfs) and it's really reassuring.
I'm so grateful for all your help, mumsnet is an amazing place, you're all fantastic : )
<goes away for a little cry of gratitude>
I bought a car this time last year - over £5,000 from a local dealer. I noticed I had trouble with the ignition but dh managed to convince me it was just me. Went to town and it was just dead when I turned the ignition, five or six times to start.
I took it back and they asked to fix which I allowed. It was still the same. They then said I had to bring it back so they could take it to a main dealership. They said they did not give customers courtesy cars leaving me stranded.
I rang the garage owner and said I would return the car under the Consumer rights act and I had 30 days to do so. I didn't even have to allow them to fix it. It was no use whatsoever with an ignition fault. What some dealerships will do is ask to fix so your 30 day period runs out, but it is from when you notice the fault.
I returned it that day and they were waiting for me with another car and told me to get in it. I refused and followed them into the office. They put up an incredible fight but I would not leave. They then asked me to take £500 less! Again I refused. They eventually gave me a cheque, which I thought they would stop but didn't.
Contact the seller and say you are returning it under the Consumer Rights Act - you have 30 days to do so if he is a proper trader not a private seller. You want your money back, no fixes. Good luck to your poor mum.
I don’t know the legal angle but morally think your mum is well within her rights to request a refund. If the garage owner is difficult, go to local paper. This story will definitely not go down well for a new business
We got a report from a local garage detailing the problem. The garage offered to repair it but as it was within the 30 days (I stand corrected ) we held firm and got our money back.
OP get on to the dealer ASAP.
Hilariously, the dealer in our case said local garages were sick of people coming and using their cars for 30 days then returning them. As if.
So glad to hear your success stories! Thank goodness for 30 day consumer rights refunds! We are going tomorrow, the car has to be towed back to the dealer and we are going to ask for the full refund and are not entertaining the idea of any offers of repairs.
I will take an even closer role in getting the next car, (I couldn't go with her last weekend I'd just broken my big toe) and so I will ensure warranties are purchased and that the RAC do the pre purchase check.
Mumsnet at it's best - helping solving another Mnetter's problems.
to OP & everyone who offered her helpful advice,
I can't offer any practical help but, oh your poor mum. I feel so sorry for her, what a horrible situation to find herself in. I hope she gets it sorted out very soon and then is able to put it behind her.
More here from Citizens advice on consumer rights when buying a second hand car:-
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