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Original poster

Garage won't refund faulty 40k car

193 replies

daisydoh · 29/11/2021 22:32

Name changed as outing, but I really need help from anyone who has litigation/consumer rights experience.

I will make the story as short as possible as if I give all detail it's outing so here's the general jist.

I bought a second hand car, two weeks into ownership it stops reversing and won't move for approx ten minutes at the start of the day. I asked the garage for a refund they said no they'll only repair it.

Consumer rights act states you have the right to reject faulty car within 30 days but I went with it and they tried to repair it.

Got it back two days later the fault is there and worse,

Garage still will not refund and will only offer a repair.

Even the managing director is now involved in email exchanges sticking to their guns not giving me my money back.

I don't trust them to repair it but they're backing me into a corner.

I've threatened legal action, they're still sticking by not giving me a refund.

Consumer rights say seven days after getting the car back after the repair I still have to reject it if not fixed - I rejected it day two.

This garage is a complete scam. The car was 40k!!!!! I've sent them video evidence and independent assessment of the fault and they STILL won't refund. They're insinuating I have broken the car, which is impossible given the nature of the fault and how dangerous it is as it sometimes cuts out in drive too.

I don't know what to do? They're not part of the motor ombudsman and I didnt but the car on any finance so is my only option to find a solicitor and pay? In which case should I repair it myself and claim costs through courts for that too and drive it in the meantime?

Or shall I give it them chance to repair (even though out of principle and disgust I really don't want to)

Please help.

OP posts:
Original poster
daisydoh · 29/11/2021 22:32

Should have also stayed I know this is a legal matter but I'm posting for traffic

OP posts:
Original poster
daisydoh · 29/11/2021 22:36

Also can't believe this can happen in 2021, mins blowing that a garage with lots of cars on their forecourt and a shop window can do this to people

OP posts:
EasyLikeSundays · 29/11/2021 22:36

Give them the chance to repair then go to court from there. In future don't spend 40k on a car from some shonky place like this. For that cost I'd be going through a main dealer. Good luck.

EasyLikeSundays · 29/11/2021 22:36

Is it a VAG car?

Libertaire · 29/11/2021 22:39

I don’t have the expertise to offer you informal legal advice, but I hope I can offer a useful suggestion. Try asking the same question on Pistonheads.com, in the forum called ‘Speed, plod and the law’ which you will find in the ‘Gassing Station’ section.

Good luck.

CatherineCawood · 29/11/2021 22:40

Try consumer rights media like R4 You and Yours or The Guardian. They sometimes get results.

Original poster
daisydoh · 29/11/2021 22:43

@EasyLikeSundays

Give them the chance to repair then go to court from there. In future don't spend 40k on a car from some shonky place like this. For that cost I'd be going through a main dealer. Good luck.
Yes well, lesson learned I guess. Too late for shoulda coulda wuddas now though I just need some help.
OP posts:
Original poster
daisydoh · 29/11/2021 22:43

@EasyLikeSundays what's a VAG?

OP posts:
Runforthehillocks · 29/11/2021 22:45

The main point here is that the car is not safe. Keep saying that. It is not safe to drive if it cuts out while driving. See a lawyer for a free 30 minutes if you can, but keep making the point that it is not safe.

Original poster
daisydoh · 29/11/2021 22:45

@Runforthehillocks

The main point here is that the car is not safe. Keep saying that. It is not safe to drive if it cuts out while driving. See a lawyer for a free 30 minutes if you can, but keep making the point that it is not safe.
Don't that, this garage do not care. They're total c**s
OP posts:
Coffeeonmytoffee · 29/11/2021 22:46

Speak to the consumer rights people at your local council?
Citizens advice bureau?
Fight!! Just keep on until they refund you.

watchingrnfire · 29/11/2021 22:46

Seek legal advice and take them to court. They have to give you a refund as you didn't get what you paid for not to mention completely endangering your life and others

uggmum · 29/11/2021 22:50

Try contacting your local Citizens Advice office. They should be able to help you deal with this.

There is some useful information on their website which may also help you.

If you have any legal protection on your house insurance it's worth giving them a call as well.

Libertaire · 29/11/2021 22:52

[quote daisydoh]@EasyLikeSundays what's a VAG? [/quote]
A car made by Volkswagen Audi Group. Their brands are :

VW
Audi
Seat
Skoda
Bentley

Apart from high-end models, their mainstream cars, eg VW Golf, Audi Q5, Skoda Octavia, Seat Leon etc are mechanically identical, using the same engines, transmissions, suspension, electronics etc etc.

Original poster
daisydoh · 29/11/2021 22:53

@uggmum

Try contacting your local Citizens Advice office. They should be able to help you deal with this.

There is some useful information on their website which may also help you.

If you have any legal protection on your house insurance it's worth giving them a call as well.

Yes well that was a scam too - I do have legal cover on my house insurance but it includes cars?!!! Would you believe! A complete joke
OP posts:
Original poster
daisydoh · 29/11/2021 22:53

@Libertaire ah I won't say the make as outing but it it's not a VAG

OP posts:
Udouhun · 29/11/2021 22:56

Never buy a 2nd hand car through a garage, only go through a dealer. A garage will do fuck all once the car is sold.

Original poster
daisydoh · 29/11/2021 22:58

@Udouhun

Never buy a 2nd hand car through a garage, only go through a dealer. A garage will do fuck all once the car is sold.
Yes I'm slowly learning that!
OP posts:
madroid · 29/11/2021 23:03

This happened to me (albeit on a car I paid £2000 for, but that was like £40k to me at the time.)

I rang trading standards (I think it was the consumer advice division and specialised in second hand car dealers) who were really great. They told me to write down what was wrong, what I'd already done (asked for refund etc) and what I wanted.

I wrote to the garage with Notice of Intended Legal Action to give them one last chance to respond basically repeating the first letter - what was wrong, what I wanted etc - to create a paper trail. Then started a small claims case which was relatively easy and all done online.

Meanwhile Trading Standards contacted the garage and said I had a case and was going to court. In the end the garage paid me back before it got to court. But I'd have carried on if not. It's not that hard to do and I didn't use a sol.

Serin · 29/11/2021 23:09

Is the car relatively new? It might still be covered by manufacturers warranty?

Caddycat · 29/11/2021 23:09

How long ago was it? In the first 30 days you are entilted to a refund. If you have accepted a repair, the right to reject the car remains, it is simply paused whilst the repair is done. After repairs, you then have the remainder of the 30 days or 7 days, whichever is the longest, to reject the goods. They cannot imply that you have damaged the car. There is a presumption that the fault was there when you bought it when the fault arises in the first 6 months. They may however be able to reduce the value you get back if youve had the car more than 30 days. I would tell them that you are taking legal advice and that you know you are entitled to a refund. Should this refund not be agreed in the next 24 hours, you will claim for costs of rental car and legal costs on top of the refund. Go and speak to a lawyer asap.

Original poster
daisydoh · 29/11/2021 23:11

@Serin

Is the car relatively new? It might still be covered by manufacturers warranty?
It's not under warranty sadly
OP posts:
Tootsey11 · 29/11/2021 23:11

Op, as someone who has had 4 faulty cars since June this year, I got my money back on all of them although the last one last week was the most difficult. Told me to take him to court. I stuck to my guns. You have the right to your money back if you are within 30 days, no questions asked. If after that you must allow one repair and you can still reject the car if you are still not happy. The car must be road worthy and safe up to the six month mark.

Original poster
daisydoh · 29/11/2021 23:12

@madroid thank you so much however the issue is as the value is over 10k it's not able to go through small claims and I've had free advise they're saying it's too much to risk and I should get a solicitor due to the value of the claim

OP posts:
Nomaj · 29/11/2021 23:14

We are going through similar car issues at the moment and paid for legal advice via Which? they have been really helpful

I think it’s £35, might be per month but you can call them as many times as you need and then cancel when done.

We have just sent a final letter before action and will be proceeding to court next.