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Any one here have any legal experience with dealers/cars/rejecting a car?

(17 Posts)
Julezboo Sun 07-Jul-13 20:40:13

Long story short. Bought a car last week of march. Paid for it and collected it 5 days later after he had put a "new" mot on it. It broke down second week of April. Clutch completely failed on way to drop three boys off at school. I rung dealer we bought it off who refused to arrange transportation of car to him, but said if we will he will fix it. He then had it in his "workshop" until the End of May, we finally managed to get a loan car off him for the last week. His Workshop replaced clutch, gearbox, turbo and injectors. oh and a nebattery (as the one that was on it kept going flat)

We got the car back and it intermittently kept cutting out. Md Dad whos a mechanic by trade told me to do a long journey to give the car a good run to see if its okay on long journeys, Drove to my mums 200 miles away, drove round all weekend, drove 200 miles home on Sunday and car cut out and refused to start up again just as we came off our junction on motorway. Alternator has died. I rung Dealer again, (only had car back a week or so) he said get the car to him, we pay for the part and he will pay for labour at his usual workshop. The quote he gave me for parts was about the same as I could get it repaired locally and have my car back the same day and given that they had our car for 6 weeks last time. I took it and spent just under £300 getting alternator done.

Car STILL kept cutting out so after some research (by us!) the suction control valve was replaced by a family friend who is also a mechanic (another £150!)

Car drove fine for a few weeks, then last week, smoke coming from engine, oil feeder pipes into turbo where both split. 4 days before we were due to travel to cornwall for much needed family holiday, again we just took it to local garage and forked out another £240 to get it fixed so we could still go away.

Drove 200+ miles to our holiday destination, used the car all week for days out ect.

Driving journey home yesterday we left caravan at 9am. 11am more smoke from engine, oil pissing out all over the place, the whole back of the car was thick with oil fluid. Called RAC, they took us to a local garage in Okehampton who did a Temporary repair to get us home, but they did say there was no way there was a new turbo on the car and there was a lot of movement in it which is why pipes kept breaking off. Carried on our journey, told not to use turbo, we didnt. Got to M4 toll booth about to pay and guy in booth starts shouting at us to get out the car, smoke everywhere. engine making a horrible loud noise, dragged three kids out of the car, was escorted to safety of toll plaza offices and fire brigade was called sad They moved the car to side of road and confirmed car wasnt actually on fire but was minutes away from it. Turbo blown. The car was revving on its own and we were very lucky it eventually died down (even with key out!) as it could have kept going and blew up!

Called RAC again who towed us all the way home. We are now in process of rejecting car and getting a refund. In the 3 months we have had the car we have spent just over £1000 on getting it fixed and hire cars (i live in middle of now where!) Bought the car for £1300. Any advice on how to proceed? The man who runs/owns dealership isnt very nice and basically saying its not his problem. Im now without a car again boys school is 20 mins away BY CAR, got to get husband to work, I have many childrens hospital appts this week (2 of my boys have sn!)

WMittens Sun 07-Jul-13 21:09:34

His Workshop replaced clutch, gearbox, turbo and injectors. oh and a nebattery

Bought the car for £1300.

I seriously doubt they did all that, it could be five grands' worth of work right there.

Carried on our journey, told not to use turbo, we didnt.

I don't understand this bit, you don't have the option to switch a turbo on or off, it's just part of the pipework.

The car was revving on its own and we were very lucky it eventually died down (even with key out!) as it could have kept going and blew up!

What car is it? Diesel, I assume?

Julezboo Sun 07-Jul-13 21:18:07

It is a Turbo Diesel. By not using turbo, the garage meant to floor it all the way home, just take it slowly. Husband drove it carefully and it was fine until we pulled up at toll booth.

Julezboo Sun 07-Jul-13 21:18:23

Sorry its a Mazda 6 Estate. 2004 plate x

WMittens Sun 07-Jul-13 21:18:32

Have a look at some of these links

It's not exactly clear, but some of it is going to depend on the original advert - a £1300 car cannot be expected to be perfect, but you should expect it to be fit for purpose. You may have extra protection if you paid by credit card.

Julezboo Sun 07-Jul-13 21:19:58

meant NOT to floor it all the way home (we still had 150 miles to do when we left the garage)

Julezboo Sun 07-Jul-13 21:22:11

Paid by debit card and traded in my multipla, though sorry I did now!

WMittens Sun 07-Jul-13 21:22:52

It is a Turbo Diesel.

Yup, running with the ignition key removed is a fairly good sign the engine is fucked. In certain situations diesels can run on their own engine oil until it's all used up, then sieze. If the oil seals in the turbo were damaged, engine oil could have been going into the engine.

I think the best idea is speaking to Trading Standards or Citizens Advice Bureau.

Julezboo Sun 07-Jul-13 21:37:39

We spoke to trading standards when it first broke down so we do have a file open with them already. Husband has written a letter informing the dealer we are rejecting the car and he needs to issue a full refund of £1300 within the next 14 days. Hopefully it will be easy dealt with but I doubt it. Luckily i have an amazing Dad who is buying me a car in the meantime x

AKAK81 Sun 07-Jul-13 22:33:01

I think you'll be lucky to be honest. If dealer refuses and you take him to small claims court you could well lose. A judge has to look at what would be reasonable. Would a reasonable person expect trouble like this on a 10k 2 year old car - no. Would a reasonable person expect a 9 year old £1300 banger to have serious issues happen - yes. If I was the dealer I'd tell you to jog on and take me to the small claims court. I suggest asking the question on a motoring forum like Pistonheads where there are some real clued up legal eagles and these sort of questions pop up all the time.

MissStrawberry Mon 08-Jul-13 07:35:24

But the guy said work had been done when it clearly had not. You can't lie and then get away with it. The OP and her family could have died!

AKAK81 Mon 08-Jul-13 09:35:45

Always take what AA and RAC patrols say with a pinch of salt. They're notorious for misdiagnosis.

Damnautocorrect Mon 08-Jul-13 09:47:52

Yes take the aa and rac opinion with a pinch of salt, some are fab, some are not so much. Trust the mechanic you know not them
I also second the pp who said the amount of work they said they did doesn't stack to the cost of the car, the injectors alone are ridiculously expensive now. Assuming they got a recon turbo there should have been some warranty with this (again you are talking hundreds and hundreds).

Did the dealer supply a warranty? I know alot of dealers and 9 out of 10 would have given you the money back first fault (as it wasnt exactly minor), then traded their way out of it as its obviously a duff car.

My sis took a dealer to court via trading standards, got nowhere absolutely nowhere and there was a file of people in the same situation. So chose carefully if your better off fixing it / buying a new one.

Have you checked the mileage on the vosa mot website?
102k miles isn't alot for a car, but only if they've been maintained. (Currently got three cars on the driveway with over 200k on the clock!). If the dealer clocked it you may have more leverage

Julezboo Fri 12-Jul-13 06:39:24

Thanks all. Just to update you. The dealer collected the cat at his own expense on Wednesday and told me he was going to get it fixed. He rung me yesterday and said the car is dead (didn't explain why) and told me I should scrap it.

Have spoken to trading standards who now say we have a good case as he collected the car and effectively admitted liability.

Collecting my new car today so I will have wheels again! Thank you smile

AKAK81 Sat 13-Jul-13 18:41:28

How many miles did you actually do in the car? And how many weeks out of the 14 that you owned it did you actually have use of it?

AKAK81 Sat 13-Jul-13 18:43:59

Also if he refuses a refund then best to ebay as a non runner rather than scrap as you will probably get 300-400 for it, then small claims court for 900 quid but it may not go your way.

Julezboo Sat 13-Jul-13 19:45:57

We did about 1500 miles in it, actually had the car and driving round in it for about 3-4 weeks. Luckily we have a new car now (second hand bought by my mechanic dad!)

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