to want my money back for this car?

[flamingofridays]

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!

You're always going to have problems if you drive an auto

Anything to back that up Max or is this opinion rather than fact? Only I'm yet to come across anyone with issues with an autobox.

I drive a 10yr old diesel Yaris, we've had it 6 years and it's done 105k. I costs about £500 at MOT time but it's never faltered in between. It's our 3rd Yaris and the only small car we'll buy.

hah border I had a citroen from evans Halshaw previously, their service was crap but the car was lovely. it was a 3 door though and I need a 5 really!

max I cant drive a manual, so nope!

Send a letter before action entitled Letter Before Action which clearly states your rights and how you wish them to remedy it. The law is here which you may wish to print out and attach to your letter.

Do not hesitate to issue proceedings, for example I would give them 7 days from the date of receipt of the letter. I would also hand deliver the letter and make a diary note of the time and date of delivery, and a photo of the letter being delivered.

After 14 days you should issue a claim using moneyclaimonline. However do make sure you sue the right person. If they are a limited company you must issue the proceedings in the company name. If they are trading under a name other than a company name, then you need to check who is the trader. Or you could put John Doe, trading as Shady Motors ifswim.

In answer to your question, yes the photos could be used in evidence. If you need to issue proceedings you would want to include all the evidence including contemporaneous notes of phone calls, dates etc.

Hope this helps.

OP. I sell Toyota's (I've actually just been in the factory today - really interesting did you know their recycling is so good they have less than one bin bags full of rubbish per year) and if honestly not have anything else. I've sold other makes before and they're nowhere near the quality you'll get from a Toyota. £3000 won't get you much - we've got a 12 plate for over £5000 because they do hold their value, but you certainly won't get the grief you've had with your Fiat. The joke is that the acromyn stands for Fix It Again Tomorrow. It's no joke, it's reality.

Took it to the dealers preffered garage today. They agreed that it is indeed fucked and the dealer called to offer to fix it or refund and was v apologetic. Its going back friday when dp is off work!

My citroen is a 5 door. Its fairly roomy too. Glad the garage have seen sense and youre getting sorted

Great news OP

Really pleased to hear that. Check out a Toyota hybrid!

I have a 19 year old Nissan that's highly regarded(by garage men types). Steer clear of cheap makes such as vauxhall/fiat if buying oldish second hand. Go for a more expensive brand. Skodas are popular with taxi drivers too.

Glad you got a good outcome OP!

Its going back friday when dp is off work!

Good stuff!

Thanks all! Think i will look at nissan and toyota to start with!

Been thinking i might finance something a bit newer but not sure if its worth it or not. Know nothing about cars (as you can all probably tell!)

Depends how much you want to pay per month OP.

I got a brand new Volvo a few years ago on contract hire, £300 per month and all under warranty which was a life saver when it needed £1700 worth of work doing. No MOTs either.

It also meant that I could get a new car every 3 years.

It was great for peace of mind after years of 2nd hand cars that were endless money pits.

I don't really want to spend more than sort of 150-175 per month (we are in the process of buying a new house so don't have loads of money to burn)

im just torn between buying something outright and financing, cant decide what is the most sensible option!

You can get a brand new Toyota Yaris hybrid for £189 pcm (0% finance) right now. You'd make substantial savings on fuel which would more than compensate for the extra cost and it has a 5 year warranty.

Btw I don't work for Toyota, I'm just a besotted hybrid driver!

yes I am just looking at them now bluelady!

no road tax either! ooh!

Did you get your money back OP?

I certainly did! The bastard thing broke down on the way to the garage!