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Bought a used car from a large dealership and it has broken down...

(12 Posts)
HairyPotter Mon 10-Feb-14 14:34:41

On a busy motorway, with my two children in the back. angry

What are my rights? I bought it two weeks ago and want to reject it with a full refund. Is this possible? I'm waiting on the dealer calling me back to discuss it.

I'm crossing everything that I can make it home.

Would be grateful for any advice. Thanks in advance.

prh47bridge Mon 10-Feb-14 17:15:26

The car must be of satisfactory quality taking into account its age and mileage. Given that you have only had it for two weeks you can reject it and demand your money back. If you reject it you must stop using it.

specialsubject Mon 10-Feb-14 17:57:42

the children and where it was are not relevant - presume you have breakdown cover - but no, buying from dealers means an implied or explicit warranty so you do have rights.

HairyPotter Mon 10-Feb-14 18:43:52

Thank you both. thanks

I know the circumstances of where and how aren't really relevant, it was more to convey how scary it was at the time.

It lost power on the motorway, we managed to limp over to the hard shoulder and crawl until the slip road. Once off the road, we turned the engine off and after a few minutes, we restarted and managed to complete our journey.

Dh has taken it back to the garage and said that we reject the car and want a full refund. They refused as it is apparently fit for purpose as its working fine now. He has left the car with them and said we will be back tomorrow for our refund. They do not agree and want to look at it with a view to repairing.

Where do we stand? As far as I am concerned, they will either say there is nothing wrong with it, or that is was a minor fault now fixed. I really do not want it back as I don't trust it not to happen again when we will have no redress. What should my next step be?

Thanks again for any advice.

prh47bridge Mon 10-Feb-14 20:11:15

The question is whether it was of satisfactory quality given its age and mileage.

You have rejected the car. Refuse to accept it back. Under the Sale of Goods Act they do not have the right to insist you accept a repair. You are entitled to a full refund. If they refuse to return your money send them a letter giving them a deadline to repay and telling them you will take legal action if they fail to do so.

The biggest danger is that they argue the car was not faulty and you have simply changed your mind. Do you have anything to prove it was faulty?

HairyPotter Mon 10-Feb-14 20:28:02

Thank you very much. This is really helpful.

The car is a 60 plate Corsa with 25k on the clock.

I have sent an email to the head office rejecting the car under the sale of goods act. I found a template on the Which website.

No, no proof it is faulty. I called the garage as soon as we got the car to a car park and reported it then.

Dh will either call or go in tomorrow but I have a feeling we are not going to get anywhere. Should I refuse to take the car back then?

Manchesterhistorygirl Mon 10-Feb-14 20:41:06

Have a read of this.

And then refuse the car back.

HairyPotter Tue 11-Feb-14 10:39:59

Thanks for the link. Mine is/was a big standard model but it did restart and drive ok after the initial loss of power.

The garage called to say they had taken it out for a run and nothing happened. They want to keep it for a few days to try and get it to do it again, giving me a courtesy car in the meantime. I have said no, I am not taking it back and reiterated I want a refund. What happens if they say no?

I am really grateful for any advice. Thank you

HairyPotter Tue 11-Feb-14 10:40:24

Bog not big <sigh>

specialsubject Tue 11-Feb-14 11:55:08

keep saying no, and if they are a franchise go to HQ with your complaint.

that's an almost new car and no doubt you paid a lot for it. Absolutely not acceptable.

trouble is cars are now designed with loads of gizmos and gadgets and there is so much to go wrong. This one sounds a lemon so stick to your guns.

Bartman Wed 12-Feb-14 09:18:00

Sounds like they're being quite reasonable to me. You're basically saying that the car is faulty but with no proof whatsoever. I'm guessing that the fault hasn't been logged in the ECU as their diagnostic equipment would have picked it up. They're obviously taking it seriously and by giving you a courtesy car and keeping yours to try and replicate the fault they're giving good customer service. As for the car being a lemon - get a grip - most likely to be a sensor failing and if that can be diagnosed then job's a good un.

HairyPotter Wed 12-Feb-14 11:15:02

Yes they have been reasonable. I have my money back in full. grin

Thanks for all the advice. thanks

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