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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 23:14

@Caddycat

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.
Thank you so much, I've quoted all of this to them and explained which sections of consumer act they're in breach of and they stick won't have it
OP posts:
Original poster
daisydoh · 29/11/2021 23:14

@Nomaj have you fixed the vehicle? Are you going to pay a solicitor?

OP posts:
goingback · 29/11/2021 23:15

www.citizensadvice.org.uk/consumer/template-letters/letters/consumer-template-letters/letter-to-complain-about-faulty-goods/

you can start making the complaint official , send a letter to build a case , then follow up with a LBA.
These cowboys won't do anything until you make it real for them. hope you get resolution soon

Nomaj · 29/11/2021 23:20

Yes we paid to get it fixed ourselves.

Our situation slightly different as car bought over 6 months ago.

We paid £450 for a third party independent assessment which said, on the balance of probabilities, which is all you need, that the car was faulty/had the faulty part when we bought it.

So we are now seeking recovery of costs and will use this evidence in court. We will do small claims though as under threshold.

But you sound like you have a good case for court.

Try the which? Legal helpline, they were great for us. Even sending email templates and outlining all relevant steps we needed to go through.

1967buglet · 29/11/2021 23:26

Get a solicitor immediately. have them write the firm a letter, and then if no action, take them to court. They will have to pay damages, your legal costs, and the cost of the car. They are stonewalling you to get past the 30 days.

Original poster
daisydoh · 29/11/2021 23:31

@Nomaj fantastic. So have you kept the car and are you driving it? If so, will you refund once everything gets settled?

Also why didn't you give it back to them for repair?

Im asking because im worried not giving it back will make it look like im not complying even though I already have it then once to no avail.

I'm considering paying to fix myself then having the car for however many months it takes to get the refund.

As I quite like the car if it worked! So would happily drive it for a period

OP posts:
Original poster
daisydoh · 29/11/2021 23:32

@1967buglet apparently as I've joe sent a letter to confirm I'll be going legal, the 30 day stop watch stops at that point so I'm still within my timeframes

OP posts:
madroid · 29/11/2021 23:32

Sorry I mean Money Claim Online : www.moneyclaim.gov.uk/web/mcol/welcome

DogFacedWoman · 29/11/2021 23:33

I don't suppose you paid the deposit on your credit card, did you? If you did their legal team will get involved. It's always a good idea to do this for that reason.

Original poster
daisydoh · 29/11/2021 23:34

@DogFacedWoman no credit cards unfortunately all debit card

OP posts:
AlbertCookie · 29/11/2021 23:51

Legal expenses cover on your home insurance won't cover anything to do with a motor vehicle, but Motor legal expenses cover will. Check if you have it as part of your car insurance policy

Slippy78 · 29/11/2021 23:58

Is there any chance that it was OK when you bought it and then developed a new fault after two weeks?

What guarantee did you get when you bought it?

YouokHun · 30/11/2021 00:00

We bought a car from a dealer which developed a serious fault after about three days. The car dealer offered to fix it but we’d lost confidence in the car and them. We had it inspected by a local garage who identified a dangerous but rather obscure fault, meaning the car wasn’t just faulty (a consumer issue) but also unroadworthy (a criminal issue). We did as others have mentioned and wrote a formal letter which we emailed and delivered by special delivery stating the timeline of events from visiting the dealer to the moment the fault became apparent, then saying an independent expert had identified a dangerous fault and reminded them it was an offence under the Road Traffic Act 1988 to supply an unroadworthy vehicle. We then stated the remedy we expected (total refund), that we were giving them 14 days to carry this out and that they must retrieve the car at their cost. We then said that at the end of 14 days we would start proceedings to retrieve our money. On the evening of the 14th day the money appeared in our account and a very grumpy recovery man picked up the vehicle the next day which we said we would only release once we were refunded. What really focussed their minds was the fact they had committed a criminal offence. Was your car’s fault likely to make it dangerous @daisydoh?

They’re completely in the wrong and they are a business so they can’t duck out of their obligations re consumer protection.

whynotwhatknot · 30/11/2021 00:02

youve already give them a chanc to repair so move on from that point now

i wouoldnt fix it yourself for now until you get legal advice how will you rpove anything if its fixed

maddening · 30/11/2021 00:02

If it is a vauxhall have they tried the coil pack? Has to genuine vauxhall part but your issue sounds similar to my 2nd hand car, which they tried loads of fixes but an expert they spoke to.said this was a common fault and it worked, fab car after that was fixed.

RogueV · 30/11/2021 00:10

A used £40K Vauxhall?

Original poster
daisydoh · 30/11/2021 00:11

It's not a Vauxhall!

OP posts:
Original poster
daisydoh · 30/11/2021 00:12

@whynotwhatknot problem is I need a. Car and whisky my 40k is tied up haven't got one, hence why I'm taking it to the original dealer to diagnose then potentially fix the issue if it's not too expensive but I'm worried and just don't know what's best

OP posts:
whynotwhatknot · 30/11/2021 00:17

i appreciate that maybe they'll award youa costs if you have to get another car meanwhile

definitely get legal advice

alexdgr8 · 30/11/2021 00:19

does the receipt/bill of sale state clearly the legal identity of the owner of the business.
if it ends in ltd, check with companies house that this is actually a registered company.
it's quite likely that it will only have a trading name, in which case it may be difficult to discover who the owner is.
your claim will fall at the first hurdle if you do not sue, or threaten to, the correct person.
it is an offence not to declare full particulars of business ownership on documents issued in the course of the business.
this is enforced by trading standards at boro/unitary/county council.
so you could contact them for help with that aspect.
good luck.

JessieCaroline · 30/11/2021 00:22

Similar happened to us, although not quite as expensive. We spoke to citizens advice and eventually the garage agreed to pay half of the repairs. It was still faulty after that so we decided to cut our losses and took it to we buy any car! We will never buy second hand again after our experience and instead have a nice brand new lease car with no problems!

mayblossominapril · 30/11/2021 00:34

Anyone who deals in second hand goods has to be registered with trading standards so definitely contact them

DontBeCatty · 30/11/2021 00:40

I don’t know if it’s applicable or not but might you be able to do a chargeback through the Bank that issued your debit card.

I’ve had a quick Google and it looks like you might be able to. Perhaps it’s something worth checking out. Good luck

alexdgr8 · 30/11/2021 00:44

@mayblossominapril

Anyone who deals in second hand goods has to be registered with trading standards so definitely contact them
?? under what legislation ?
Bucanarab · 30/11/2021 01:04

@Nomajfantastic. So have you kept the car and are you driving it? If so, will you refund once everything gets settled?

I'm considering paying to fix myself then having the car for however many months it takes to get the refund.

You cannot continue to use the car once it has been rejected. Doing so could allow them reduce any refund offered or to wriggle out it completely of by arguing that you made things worse by continuing to use it.