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Car problems!

(2 Posts)
mummy1986 Mon 15-Oct-12 21:48:42

Quick history:
Brought 55 plate car from local garage on 14th Aug.
Service and Mot and valet given.
Paid £3995.
Got it home and the radio and cd changer didnt work.

Took it back same day, was told to bring it back 2 days later and it will be fixed. Woke up next day with massive oil puddle on out driveway.
Pointed out to them when returning to have the cd etc fixed. was in garage 1 week. Fixed problems (or so we was told!)

4 days later another oil leak and the cd player was skipping.
Realised had no sat nav cd to work sat nav.
phoned up and pointed out.
Took car in had it 3 weeks. Oil leak fixed cd player not. he said it was my dirty scratched cd's, when actually i had brought olly murs cd the day before and it was perfect.
Had arguements for several days..they were not replacing cd player or sat nav disc.
My dp told them we would take legal action.
They have since had my car for 5 weeks now fixing the skippy cd player.
Sorry to go on but aibu to have had enough now and want my money back?
And anyone know my legal rights in this situation? Any advice welcome

prh47bridge Mon 15-Oct-12 23:07:04

You bought this car from a dealer. You therefore still have rights. Even though the car is second hand it must be of satisfactory quality taking into account its age and mileage, match any description you were given when you were buying and be fit for purpose.

You may be able to reject the car and get your money back but you must do so within a "reasonable" time. There is no precise definition of what is "reasonable" and it may already be too late but it is worth trying, especially given how little time you have actually had the car.

Even if you have lost the right to reject, they have clearly taken far too long to repair the car. You can get the car repaired elsewhere and reclaim the cost from the dealer, or claim a reduction in price, or get your money back less a deduction for the use you have had (which should be pretty minimal given the information you have posted).

If you bought the car on a credit card or with a loan provided by the dealer the credit provider is jointly liable so you can claim from them if the dealer is unco-operative.

As the amount involved is under £5,000 you can take a claim to the small claims court. You do not need a lawyer to do this and you will not have to pay the dealer's legal costs even if you lose (which seems very unlikely given the information you have posted).

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