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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To ask for a refund?

134 replies

IThinkIveHadEnough · 14/05/2016 23:38

Yesterday I bought a used Citroen C4 Grand Picasso 2.0 I 16v VTR+ ESG petrol from a trader. It's an auto 07 plate and has just over 68,600 miles on the clock. Test drive was fine and the 70 mile drive home was also ok.

This morning I went out and the car started fine but driving away it sounded a bit like a a motorbike when I pressed down the accelerator, with the noise stopping when I took my foot away. The car felt a bit jolty changing gears too. Rang the place I bought it from and they asked me to try get a mechanic to have a look at it and let them know what was wrong. I had to nip out this afternoon and the noise was happening again but then the car seemed to get stuck in first and the car bleeped with a 'depollution system fault' and engine management light. After that the car seemed to struggle changing up gears, especially 3 to 4. Felt a bit sluggish.

Managed to get it home and called out AA to have a look at it. I explained what was happening, he had a look under the bonnet and revved the engine a bit. White smoke was coming out the back at this point. He plugged in his fault reader and the following codes came up:

P0170 - fuel correction bank 7
P0300 - random cylinder misfire
P0172 - fuel/air mixture rich
P0130 - o2 sensor, bank 7, sensor 2 out of range

The AA guy said it could just be a faulty o2 sensor but then again it might not be. Most likely the exhaust. I told him to leave everything as is for the time being as I'm going to give the trader a call tomorrow. I've been googling a lot (which can sometimes be a curse!) which throws up a possible hole in the exhaust etc etc. I did originally take a recording of the sound and sent it to a mechanic friend (not local) who says it sounds like this could be the case and they (the garage) could have patched it with putty or something hence there being no sound yesterday. I'm in two minds about what to do. Do I let them have a chance at fixing it or give it back an ask for a refund? I've been stung by a French car before (b*** Renault) and I really don't want to go through the aggro again to be honest. The trader also owns a garage and mot'd the car the day before I bought it with no advisories or anything. I know that under the October 2015 consumer act I do have the right to return the car for a refund within the first 30 days or ask for them to fix it. I think I'd prefer to ask for a refund at this stage, it's something I just don't need right now. The car was £4k and I'd expect better than it to be faulty a day after purchase. AIBU? Any advice would be appreciated!

OP posts:
IThinkIveHadEnough · 04/08/2016 23:31

An update for any of you that are still interested/asked for it.

Court papers are currently being processed by court. Dealer has ignored my letter before action. I have found out this evening that this car was actually subject to court action when it was sold to me, unbeknown to me. A lady had commented on their Facebook page to say she'd just won a court case against them so I sent her a message to ask about the process and how long it had took (from January until end of July).

We got to talking and this is how we established it was the same car, which is in a close family members name. She told me the name and I checked my v5 and everything checks out. She's got a lot of evidence she's happy to send me about the car. Apparently the dealer made them take it to court and in their defence submitted something to say the car was fixed and ready to be picked up!! It's only just been settled through court.

I'm not quite sure where I stand now on how to approach all of this. Court papers have been submitted but not served yet I believe, trading standards are also in the middle of investigating. The lady's family member is going to contact the DVLA and court tomorrow. Surely it was illegal for the car to be sold to me? Do any of you lovely legal people have any suggestions of anything else I need to do now?

OP posts:
AuntMabel · 05/08/2016 00:08

Urgh. I was sold a shitheap a few years ago now, fortunately paid in part on a credit card for the protection it offers. Rejected the car under sale of goods act as unfit for purpose sold. Garage (run by a weasel who put Harry Wormwood to shame) then stonewalled me. Had the car, had my £7k. Thought it was perfectly acceptable to ignore me. Twats.

The new information the woman has offered you is proof the car was inherently faulty at the point of sale. Will she provide a witness statement? If the judgement has just been made surely it can be counted as new evidence? Speak to the CAB to see if you can include that court judgement in your case.

IThinkIveHadEnough · 05/08/2016 01:29

She's willing to provide all the evidence she has relating to the car. I will ask her tomorrow whether she is willing to speak as a witness. They're notifying the court and the DVLA tomorrow as well. Since my legal papers haven't been processed/served yet I am hoping I can somehow add this on.

People like this are a bunch of twunts and make me so angry. We took our eldest DC when we went to view the car and mentioned having to borrow money. For them to then sell it knowing what was wrong with it...Angry

Sorry to hear you've been through the same thing as well.

OP posts:
princesspuds · 05/08/2016 01:52

If you are in any doubt with regards to the mot and its history, you can check the mot history of any vehicle on the direct gov website, it tells you the history of the mots with advisories/fails and what they were for

IThinkIveHadEnough · 05/08/2016 08:38

I have looked at the MOT online before. I can't correlate any documents to it though because the dealer is refusing to give the service history it was advertised with to me. The other lady said they didn't get the service history either.

The lady purchased the car in November and did actually allow them to try fix it. They received the car back still broken even though the dealer said it was fixed. The lady then gave the car back and the dealer was messing them about so they formally rejected it in January and started court proceedings. The dealer dragged it out by sending a defence so it went to court and the case was at the end of July. Dealer didn't turn up. I'm ringing the person I've been liaising with at the trading standards today as well as the court centre.

OP posts:
AuntMabel · 05/08/2016 11:00

Sorry if you have answered this already, but how did you pay for the car? Was any of it on a credit card? If so, you can make a claim to your CC company under Section 75 of the consumer credit act and if your claim is proven they are liable to refund you the full amount. This is the route I went down as if I had taken them to court I would have had to pay, and even though I was 99.9% certain of winning because the car was very obviously proven faulty, there is always that 0.01% that you could lose. It wasn't a quick resolution though, it took me over 9 months to get the money back.

Where is the car now?

IThinkIveHadEnough · 05/08/2016 19:17

Unfortunately I paid by debit card. I have asked my bank to dispute the payment but they're still looking in to it. The other lady hasn't been paid back yet and apparently the dealer only has until Friday next week until the bailiffs are sent in to recover her money.

OP posts:
IThinkIveHadEnough · 05/08/2016 20:05

sorry missed your last question..the car is outside my house as the dealer is over 50 miles away and the car isn't safe to drive.

OP posts:
Weedles · 05/08/2016 21:21

Keep us updated, it must be so stressful and annoying.

Wine
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