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Original poster

To Take Car Back For A Refund

29 replies

RecoveringPerfectionist · 09/04/2015 15:23

Posting here for traffic, and hopefully some legal expertise.

I bought a car two weeks ago for £8.2k - 7 years old, 27,000 miles on the clock. The airconditioning hasn't been working very well. Turns out it needs completely replacing. The garage told me it would be covered under warranty. Turns out it isn't. It's going to cost £1,000 in parts alone. On the vehicle inspection report carried out before we bought it it confirms that the aircon has been checked. There is a note that says "A/C not very cold".

I would like to return the car for a full refund. Am I able to do so?

TIA

OP posts:
McButtonwillow · 09/04/2015 15:29

You can try. We had a dreadful time with a used car a few years ago. It broke down 7 days after we drove it away, turned out to have a major fault not covered under the warranty.

We had all kinds of hassle trying to return it, the garage absolutely refused to take it back. Eventually we took them to the small claims court, while we didn't get a refund they did agree to pay for the repairs. We still have the care now and it's been a pretty good runner but at the time it was horribly stressful.

Not sure that helps you much- sorry!

SpringtimeForShatner · 09/04/2015 15:31

Did the garage you bought it from say it will cost £1000 to repair? Has it been re-gassed as a first attempt to get it cooling again?

Tell the garage they'll have to sort it out. It was sold as having air-con, and they should have pointed out it was faulty.

DragonWithAGirlTattoo · 09/04/2015 15:32

yes - you can take it back - fit for purpose and as described, they should have pointed out a major failing like that

they should repair it for you

if they give you any shit - get trading standards on them

ginghamcricketbox · 09/04/2015 15:41

Have you given them a chance to fix it

Original poster
RecoveringPerfectionist · 09/04/2015 16:05

Thanks all. They have been on to the warranty company who have sourced an OEM part rather than a BMW part (is a mini). The garage have been very good actually; it's the warranty company and garage who are being a real pain. Dealer has assured me I won't pay a penny towards it. If I am not happy I can have a refund on the car.

OP posts:
TheCraicDealer · 09/04/2015 16:17

I first read your post before you had any replies; when I saw the price and the age I immediately thought, "mini"! Parts and servicing cost a fortune with those, I've known a few people who've had them at around that age and it costs a fortune when things go wrong with them. Lovely cars, great to drive, but I'd only get one nearly-new.

SpringTown46 · 09/04/2015 16:25

The warranty is irrelevant. Your contract was with the dealer who has sold you a car that that is not fit for purpose. Look up sale of goods act.

SpringTown46 · 09/04/2015 16:26

The warranty is irrelevant. Your contract was with the dealer who has sold you a car that that is not fit for purpose. Look up sale of goods act.

SpringTown46 · 09/04/2015 16:26

The warranty is irrelevant. Your contract was with the dealer who has sold you a car that that is not fit for purpose. Look up sale of goods act.

SpringTown46 · 09/04/2015 16:26

The warranty is irrelevant. Your contract was with the dealer who has sold you a car that that is not fit for purpose. Look up sale of goods act.

SpringTown46 · 09/04/2015 16:26

The warranty is irrelevant. Your contract was with the dealer who has sold you a car that that is not fit for purpose. Look up sale of goods act.

SpringTown46 · 09/04/2015 16:27

oops, apologies for the mumsnet clitch causing duplicates

starfishmummy · 09/04/2015 16:30

Spring!!! Grin

AnulTheMagnificent · 09/04/2015 19:04

Is the warranty relevant?

EveBoswell · 09/04/2015 19:13

I think that a car can be returned within 27 days and not after that. After the 27 days you would have to pay for any repair.

If I'm wrong, I'm sure someone else will pop up and say so.

TheVeryHungryPreggo · 09/04/2015 20:15

Did you buy it with cash or on finance? If on finance check with the finance company as you can often get a refund if the vehicle has a major fault that you weren't aware of at the point of sale - or at least the finance company should pay for the repairs!

AmpleRaspberries · 09/04/2015 20:20

Your statutory rights are that any fault occurring within the first 6 months is deemed as being inherent at the point of sale unless the seller can prove otherwise.

You have the right to repair, reduction in price or to return the goods. You are under no obligation to use your warranty, although I don't see an issue with using it providing the dealer covers anything the warranty doesn't.

If it is on finance get them involved, they will have joint liability as a minimum under the finance agreement (for Hire purchase they have sole liability under the credit agreement)

Toofat2BtheFly · 09/04/2015 20:25

First 30 days are usually with the dealership , the warranty kicks in after that so I would expect the dealership to sort it at no cost to you .

And when that's done , ask the dealership to give you another 30 days .. They sometimes will , it's less faff to deal with the sales staff there than going through the warranty company .

This was a lesson I learnt the hard way ... Fecking car , I've never trusted the sodding thing since ( 2 day after I brought it !) and whilst I'm moaning about it , today I waved it off on the back of a tow truck again ( clutch has gone , 6 months out of its warranty , so that's me skint Angry !)

Original poster
RecoveringPerfectionist · 09/04/2015 21:56

Thanks everyone. I was hoping that the because it's only done 27,000 miles it may be a good 'un. It has full BMW service history and has been well looked after. I'll hope this is just a one off!

It was bought part cash and part bank loan as the interest rate was so much lower.

OP posts:
dalmatianmad · 09/04/2015 22:01

I purchased a 59 plate Mini from Bristol Street Motors a couple of years ago. The air conditioning was obviously broken. I took it back a few days later, was advised I would have to pay nearly 600 quid to get it sorted. They were so rude about it and refused to budge.
I lodged a massive complaint with the head company and they fixed it for free.
I still have it and it's the worse car I've ever had!

SistersofPercy · 09/04/2015 22:49

You are going to need to give them chance to fix it before you can reject a car. I've been down this road and gave the garage five or six chances to fix before officially rejecting it.

You can't just walk into the garage at this stage and tell them you want a refund.

Original poster
RecoveringPerfectionist · 09/04/2015 23:07

What other problems have you had daima?

OP posts:
SistersofPercy · 09/04/2015 23:26

Older minis can be money pits. Power steering pumps, air con and gearboxes were not the best in older models. Not sure what the newer ones are like.
I wanted a clubman but read so many horror stories about them that I quickly dismissed the idea.
That said, you still see plenty of them about so they can't be all bad.

Original poster
RecoveringPerfectionist · 20/04/2015 10:31

So here we are 11 days later and still not fixed. The garage (different place to dealer) have returned it to me to saying they cannot fix it. The warranty company wouldn't approve the BMW part (750 quid) but sourced one for 200 quid. Surprise surprise that hasn't fixed it.

The dealers arrived this morning to collect it. I have told them if it's not back on Friday fully fixed I would like a refund. They gave me a load of shit saying they don't need that kind of pressure! FFS. If it can't be fixed between two garages, in 3 weeks then I don't want the fecking thing.

OP posts:
Collaborate · 20/04/2015 10:59

You really need to make it clear that you REJECT the car.

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