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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To ask for a refund on my car?

10 replies

rogersmellyonthetelly · 20/03/2012 17:15

Bought a new car end of oct last year. 2 weeks into the new year the suspension developed a fault (complicated) it no longer works consistently, however is still drivable. I took it into the dealer who agreed there was a fault and ordered the part. I'm still waiting for the part and it's now middle of march. I have called the dealer every couple of weeks to see if it has arrived, always the same story, we will chase it and get back to you. Only they never call back. I call again a couple of weeks later and still no date of when the part will arrive. This has been going on for 2 months. Finally last week I got sick of being fobbed off and rang the main customer relations number for the brand rather than the dealer. Spoke to a lovely lady who has been chasing it for me, finally today she got bacl to me with an answer - that the part is still on back order with the supplier and they have no idea how long it will be before it arrives and they can fix it.
Aibu to go back to the dealer and ask for a refund as the car is not fit for purpose (4x4 which can't off road due to dodgy suspension) and they have failed to provide a replacement within a reasonable time?
I am actually gutted about this as this is the car of my dreams but I'm not prepared to drive round in a 4x4 that can't offroad for the next however many months it takes them to get it fixed! Also I'm concerned that the faulty part is causing wear and tear on other parts of the car that I will eventually have to pay for once the warranty runs out.

OP posts:
spartafc · 20/03/2012 17:40

How did you pay for the car?
Have you ever put anything in writing to the trader - maybe referring to the legislation that protects your contract? Sometimes that can help. Also if the garage is a member of the Motor Trade Partnership, then there's stuff Trading Standards can do for you.
It's always hard to get a refund after this sort of length of time.

fergoose · 20/03/2012 17:43

contact consumer direct - they will advise you what to do

it should be as described in light of the amount paid. consumer direct will tell you letters to write etc to reject the car and hopefully get your money back

rogersmellyonthetelly · 20/03/2012 17:48

I am a bit worried about the length of time, but it's only 5 months old and already has 5 or 6 niggly intermittent faults as well as the main one with the suspension. Also, I've been waiting over 2 months for them to fix the suspension and they still can't give me a date for when the part will be available. It was paid for with part ex of my old car and the difference was paid cash so I do own the car outright.

OP posts:
fergoose · 20/03/2012 17:55

honestly phone consumer direct - they give free excellent spot on advice. I used them over a car problem like this, took seller to court and won.

rogersmellyonthetelly · 20/03/2012 18:01

Ill ring them in the morning and ask then, thanks all :0)

OP posts:
Vinomcstephens · 20/03/2012 18:05

I don't know if this will help, but I bought a car in 2009 which had a slight problem I noticed when I took it for a test drive. I said I'd buy it if they fixed it which they did. However as I drove it home the same problem appeared - they hadn't fixed it and while it wasn't going to cause particular damage, it annoyed me that it would cost £250 to put right. I felt the garage I bought the car from should pay since it was clearly an existing problem they hadn't fixed. I got robbed off time and time again - yes, they'd pay for it, someone would call me blah blah blah but of course no-one ever did. I then wrote a letter giving them 7 days to pay or I'd pursue them through the small claims court (total bluff!) and lo and behold, a cheque for £250 arrived from them 2 days later! Maybe a strongly worded letter would help?

WeeScotsLass · 20/03/2012 18:30

This is something that really annoys me. I offer the following advice. When you buy goods you enter into a contract with the seller of those goods. Under the Sale of Goods Act 1979 goods must be 'as described', ?of satisfactory quality', and 'fit for purpose'. This means both their everyday purpose, and also any specific purpose that you agreed with the seller (for example, if you specifically asked for a printer that would be compatible with your computer).
Goods sold must also match any sample you were shown in-store, or any description in a brochure.
In most cases, your rights are against the retailer ie the company that you enterted into a contract with, not the manufacturer, and so you must take any claim against the retailer as this is the party you entered into a contract with. However, if you have bought something on hire purchase, it is the HP company that is responsible.
If you think you have a claim under the Sale of Goods Act for one of these reason above, you have several possible remedies, depending on the circumstances and on what you want done.
If you want to get your money back. If you buy a product that turns out to be faulty you can choose to 'reject' it: give it back and get your money back. However, the law gives you only a 'reasonable' time to do this ? what is reasonable depends on the product and how obvious the fault is. However, even with something like a car, you usually have no more than three to four weeks from when you receive it to reject it.
If you want to get a faulty item replaced or repaired
You have the right to get a faulty item replaced or repaired, if you're happy with this (or if it's too late to reject it). You can ask the retailer to do either, but they can normally choose to do whatever would be cheapest.
Under the Sale of Goods Act, the retailer must either repair or replace the goods 'within a reasonable time but without causing significant inconvenience'. If the seller doesn't do this, you are entitled to claim either reduction on the purchase price, or a refund, minus an amount for the usage you've had of the goods (called 'recision').
If the retailer refuses to repair the goods, and they won't replace them either, you may have the right to arrange for someone else to repair it, and then claim compensation from the retailer for the cost of doing this.
You have six years to get a claim in to court for faulty goods in England, Wales and Northern Ireland; in Scotland you have five years.
What you need to do to prove your claim
If your claim under the Sale of Goods Act ends up in court, you may have to prove that the fault was present when you bought the item and not, for example, something that was the result of normal wear and tear.
If your claim is about a problem that arises within six months of buying the product, it's up to the retailer to prove that the goods were of satisfactory quality, fit for purpose, or 'as described' when it sold them e.g. by showing that the problem was caused by an external factor such as accidental damage. Beyond six months, it's up to you to prove that the problem was there when you received the goods even if it has taken until now to come to light.
So you may need to prove that the fault was not down to ordinary wear and tear or damage you caused, and that the product (or a component) should have lasted longer than it did. To do this you may need an expert's report, for example from an engineer or mechanic.

spartafc · 20/03/2012 19:38

However, even with something like a car, you usually have no more than three to four weeks from when you receive it to reject it.
You know, there's case law to suggest rejection is possible more than 6 months after purchase (one of the cases was a yacht, can't remember the names at the moment though). Interestingly enough.

BECKS21 · 20/03/2012 19:38

I'd recommend you contact 'honest John' at the daily telegraph, he is their car expert. He answers e-mail's very quickly and provides really useful advice. We had a similar issue with a nearly new car, the air-con failed in the first month and the garage had three attempts to fix it, unsuccessfully. We were advised to reject the car formally and eventually got a replacement we were happy with. As it's a new car, and the fault was noticed in the first six months you will also be able to reject and demand a replacement. Can't recommend Honest John highly enough for car legal advice.

WeeScotsLass · 21/03/2012 08:45

Just out of interest, was it a French car eg a Renault or a Peugeot? They are among the least vreliable cars in the market, and customer service is pretty poor.

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