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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

to want my money back for this car?

94 replies

flamingofridays · 05/10/2018 14:26

sorry, posting in AIBU as I thought it would get more traffic no pun intended than legal.

I bought a car 6 days ago from a dealer, not a main one like ford or citroen but an independent garage. test drove it, seemed fine, no lights on etc.

We part ex'd my partners car, which was worth more and so we ended up with the new car and some cash (this might be relevant)

anyway, yesterday it broke down. Its an auto and it had a gearbox fault in which it just couldn't select a gear, less than ideal as I got stuck on a junction at rush hour. I pulled over as far as I could roll, and had a look at the manual which basically said get it to a garage. I started it again and it ran so drove it home.

I spoke to the garage this morning who didn't give a shit, and said to speak to their warranty people, now to me a gearbox is a massive issue, and on googling is a common fault for this car, and is v expensive to fix. I told them I didn't want it fixing, I wanted to return it for a refund as per my rights. They said no, as the manager wasn't in until next Thursday. I did however ring the warranty people who said I was well within my rights to return It, but If I want it fixing, get a quote for it and they will pay out up to £500.

I spoke to citizens advice and they told me write a letter to the garage with what I want and my rights, so I have done that and will send it later today.

AIBU to think that they will have to accept this and give me my money back, or am I going to end up in small claims court and having to pull another however many grand out my arse for a new car in the mean time?

has anyone had any experience of this?

thanks!

OP posts:
newmumwithquestions · 05/10/2018 14:30

Not exactly but I had something similar - bought a car from a dealer. Something wrong with it. Hopefully someone legal will be ok to help because I was given advice over the exact terminology to use. Essentially I had 2 weeks to return it (when I said that’s what I wanted to do the car dealer changed their tune and fixed the problem for free which satisfied the problem for me).

Original poster
flamingofridays · 05/10/2018 16:55

Thanks! Im going to get someone to have a look at ot tomorrow. The start/stop isnt working now either!

OP posts:
Scuzzlet · 05/10/2018 16:57

What kind of car is it? It isn’t a Citroen c4 Picasso by any chance ?

Original poster
flamingofridays · 05/10/2018 17:00

No, its a fiat punto 1.4 dualogic. Have you had similar problems?

OP posts:
SistersOfPercy · 05/10/2018 17:01

You need to give the garage the opportunity to fix it before rejection I believe.

amicissimma · 05/10/2018 17:04

This reply has been deleted

Message withdrawn at poster's request.

Haberpop · 05/10/2018 17:11

Good advice on What Car, you have the right to a full refund within 30 days of purchase under the Consumer Rights Act 2015.

lexi727 · 05/10/2018 17:39

You definitely have the right to return it within the time frame they give. If they are putting it off until next week, that could potentially mean you would be out of said time frame so they wouldn't be able to do anything about it. Gather relevant legislation to you know your facts, go in and demand the return. It would be illegal for them to refuse unless you had completely written it off.

DirtyCurtains1 · 05/10/2018 17:40

Legally you have 6 months to refuse a car. Within 1 month you are entitled to a refund. After 1 month (up to 6 months) the dealership must offer a repair.

My car was back with a dealership 4 times and we handed mine back on the last week of the '6 month policy'.

The dealership I bought the car from was a large franchise, if a smaller independent dealership I'm unsure of the rules.

I was lucky in the sense that I didn't have to fight and the return was offered to us as an option.

Make sure you don't drag your feet and make sure you follow the process quickly as if within 1 month you may get your well deserved refund! I have heard of dealerships trying to drag the process out so that 'technically' it's after a month. Shit bags.

I hope this helps and good luck! This is the reason I absolutely hate getting a new car!!

DirtyCurtains1 · 05/10/2018 17:41

Sorry I must add that I am not a legal advisor in any way shape or form! But I worked closely with the trade when the new laws came out Smile

glintandglide · 05/10/2018 17:43

Yeah you’re entitled to get your money back. What a pain. Take to small claims court if any problems at all

Original poster
flamingofridays · 06/10/2018 08:34

Thanks everyone.

Letter sent. Garage can't fit me in until monday. See what they say and ill probably call the dealer to let them know.

I will update this thread in case its helpful to anyone else!

OP posts:
Original poster
flamingofridays · 09/10/2018 10:16

took the car to a fiat approved garage yesterday, plugged into diagnostics.

3 error codes. two to do with the gearbox, and one to do with the exhaust. It also failed to go into reverse last night and took two goes!

called the dealer again this morning and explained, he basically said that I would have to take the car to the garage they use, for them to look at it. they did not state this last time, and just A garage. I chose a fiat approved one because I thought they would be better to look at it.

This garage is actually only just down the road from me, but considering they did the MOT and service the day before I drove it away, I have absolutely no confidence in them, and whats to say they wont just plug it in and say its absolutely fine?

Can anyone advise? I think I will ring citizens advice again today.

They also said that we would have to reverse the whole deal, so get our other car back, but that means I have to give them the money back also, 1000 of which I have spent on insurance (Although I will get that back eventually!)

Citizens advice did not say this, and said I could just request the cash back for the car,

Can anyone help me?

thanks!

OP posts:
Bluelady · 09/10/2018 10:24

Have you got a print out of the Fiat garage's diagnostic showing the three faults? That's your evidence, regardless of what the seller says. Get your money back, you're entitled to it.

Original poster
flamingofridays · 09/10/2018 10:30

no not a print out but we took pictures of the faults on the machine, and the guy said it wasn't worth fixing!

this is the thing I know what my rights are but theyre trying to make me jump through hoops for them.

I think I will ring them back and say I don't want it fixing anyway, I just want my money back, its clearly faulty so I don't know why their mechanic needs to look at it when my better qualified mechanic already has.

I just don't want to make it hard for myself!

the thing is what If I take it to this garage and they say its fine and delete all the error codes, will my pictures stand up as evidence?

OP posts:
Bluelady · 09/10/2018 10:34

No idea but to be on the safe side I'd get the Fiat garage to rerun the diagnostic and give you a print out. It's worth any amount of hoop jumping to get your money back, surely? They're hoping you'll give up - don't!

WeeM · 09/10/2018 10:36

But what would the garage do if they had sold on the car you traded in? Wonder what their answer to that would be. doesn’t sound right to me. I am no expert but I know someone who had terrible trouble returning a car from a large well known car seller (but they persisted!)...know your rights I think is the key...Car garages always seem to have an answer for everything. Good luck!

Bombardier25966 · 09/10/2018 10:41

Regarding the payment, if you want to effectively reverse the transaction then they should refund you in the way you paid, so your old car plus you pay the cash they gave you. To repay in cash does not put you back to your original position, which is what the law aims to do. There is also a money laundering issue, they can't give you a cash refund when you paid by other means.

Bombardier25966 · 09/10/2018 10:43

@WeeM, that would complicate things, but as the garage still has the car (on the information given) it is not relevant.

buscaution · 09/10/2018 10:54

It's more complicated than just having 30 days to return. How old is that car? What's the mileage? Those are the important factors. If the gearbox going is not unheard of at the age and mileage of your vehicle then you may bot get anything back.

keepingbees · 09/10/2018 10:58

Following this for advice as I'm in a similar situation. Only the car I've bought has a really annoying rattle which the garage are denying is there and are saying there's nothing wrong with it. I want to return it but they are saying it has to have a significant fault.
In your case, a gearbox is pretty significant so I would say you are fully within your rights to reject and return it.

thenightsky · 09/10/2018 11:02

Pretty much everyone I know who buys Puntos has issues. Especially the auto ones.

I thought you were going to say it was a Honda Jazz. I had one that had auto gearbox issues and the wrangles I had with the garage were a nightmare. In the end I traded it in just before the 6 month warranty ran out as my nerves could take no more.

Bluelady · 09/10/2018 11:07

The age and mileage of the car are irrelevant. It's not fit for purpose under the Sale of Goods legislation.

Bluelady · 09/10/2018 11:08

Aren't relevant, damn it!!

MaverickSnoopy · 09/10/2018 11:08

Honestly, I would return it and not look back. I wouldn't even hesitate. It will be one thing after another.

We had a Fiat punto about 6 years ago and it lasted about a year, during which time it also had multiple serious fixes and parts were always hard to source and took ages.

As a side note, we had a warranty with our next car. The garage didn't mention that it had any limitations on it when they sold it to us. When we wanted to claim on it they said that we could claim up to £1k in total - it may have been per year but I have a feeling it was "ever". So check with the warranty company was their ceiling is in terms of payouts, is that £500 and they'll never pay again? The answer may help you make your decision, but honestly this car sounds like a money pit. I empathise.