Faulty car and court!(1 Post)
Hi, im new year so im sorry for my first long winded poat but hoping you would be able to help me. Its basically about a car we bought and had nothing but problems since. Ive tried to include everything. Any advice would be great.
Bought the car in the beginning of november for £1990. Its a 2007 peugeot 307 and had 90,000 miles on the clock. It had three months warranty and was advertised as having service history. We part x my fiat punto for 500.
When we picked up the car we were told he would send us the service history as it had been misplaced. Two weeks later the lights on the car started flickering when driving, so it appeared that we were flashing cars. Dangerous on a motorway etc. We asked to have it fixed, which was agreed. We asked for a courtesy car,but was refused for 'just flickering lights'. Although i believe it is very dangerous if someone thinks you are flashing them out of a junction, to cross lanes etc.
Anyway DH had to drop the car off at the garage in the morning before work and the Dealers Dad then gave him a lift to work and back to the garage. This went on for a week and we got no closer to getting it done.
Eventually we managed to lend a car of a family member whilst they fixed the lights. It took two weeks and we had very poor communication in the meantime. He wouldnt answer the phone to us and did not respond to email.
Got the car back and the fault started again.
Now again we contacted him but was met with his aggressiveness. His comment was ' Well we fixed it, what the hell have you been doing with it'.
We told him we wanted a refund and we were told we had no chance, that he had been reasonable and that we would only get back what we paid and not what we part exchanged the car for! So only 1490, not the full 1990.
We sent a letter confirming wanting to reject the car and he phoned us with abuse.
We SORNed the car and stopped using it and notified him off this. We were told we would have to return it to his forecourt if we were rejecting it.
On the day of returning it the car broke down and the cam belt snapped. AA man diagnosed and towed to the dealers garage. The dealer shouted abuse at us and the AA man and we were told to remove from his courtyard or he would get his forklift truck and put it in the middle of the road.
He then changed his tone and rang us to talk about fixing it, we agreed to get it too him as it had to be left at a nearby garage because he rejected to take it the first time we took it up.
Now its been on his courtyard since 11/01/16. We gave him another chance to repair etc. He did not answer our calls emails etc in the last couple of months. We had absolutley no update on the car at all so we send him a letter stating we were going to take him to small claims court. He responded back telling us stating that he offered to repair but we refused- not true also that the car was sold without service history - also not true( and we have proof from autotrader).
Sorry for the long winded post,but i want to know have we got a chance in hell in court. It was simple when we were just talking about the indicators etc and not being fixed and false advertising but now the timing belt has gone where does it leave us?
Its a serviceable item so i know if we bought the car and then the timing belt went obviously we would pay for it and its justs sods law but does the fact we SORNed it and only taxed it to return to his garage (have proof)stand us in a good position. Also if it was advertised as no service history we wouldnt had bought it therefore wouldnt have this problem.
Any advice would be great as it has gone on long enough and we dont want to lose anymore money. Since we still have it taxed and insured.
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