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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:
Kuachui · 30/11/2021 04:22

id do a chargeback with your bank

backtolifebacktoreality · 30/11/2021 04:35

I took a garage to court because they wouldn't refund me for a faulty car.

It was hugely stressful and the garage appealed and then refused to pay.

However I won in the end and got the money about two years later!

BarbaraofSeville · 30/11/2021 04:51

Is the company you bought the car from on resolver, which is a dispute service that explains your rights, walks you through your complaint and then mentions an ombudsman if you don't get satisfaction.

www.resolver.co.uk/complaints/motoring-complaints

www.themotorombudsman.org/

Nomaj · 30/11/2021 06:59

[quote daisydoh]@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 [/quote]
We gave them the opportunity to repair, they had the car back for about 10 days. They said they would repair but at our cost.

So we said no thanks, took the car back and got the independent assessment.

Once we had that which evidenced the problem was there when we bought it we gave them another opportunity to repair the car.

They then wanted to do their own third party assessment.

We then refused, informed them we would be getting it repaired and would be seeking recovery of costs.

All of our actions were supported and advised by Which? You have to jump through the right hoops, we were 3 months without a car while this was all going on.

Now we have the car back, fixed but are chasing the costs.

BarbaraofSeville · 30/11/2021 07:03

I suppose if they're dragging it out you could always ask for a loan car from them, or hire one and add it to the bill. it's not reasonable that they to pressure you into giving up your consumer rights for fear of being without a car while it is all sorted out.

MrsLarry · 30/11/2021 07:33

Report them to your local Trading Standards. We had a similar issue with a trader, it was amazing how quickly he changed his mind after a call from Trading Standards.

S2617 · 30/11/2021 07:48

Arrange a meeting with the dealership, ask them to have it repaired and then independently assessed to confirm it has been repaired.

Alternatively ask them to send it to the local main dealer for diagnostic and repair, at their cost.

laurenlodge · 30/11/2021 07:52

It's a £40k car not within manufacturers three year warranty?!

NotMyCat · 30/11/2021 07:58

@laurenlodge

It's a £40k car not within manufacturers three year warranty?!
Not unusual. Used car prices are through the roof and some cars are expensive anyway For some reason I'm wondering if it's a Land Rover
Cyw2018 · 30/11/2021 07:58

The car isn't safe, and since there is a strong paper trail of evidence stating this then you would be really stupid to drive it, if anything serious happens your insurer and police would come down really hard on you.

Original poster
daisydoh · 30/11/2021 08:04

@backtolifebacktoreality amazing congrats! What do you do with the car in the meanwhile that's my concern with the legal route. As I haven't got funds to leave a car of this Blair not working say in my fridge for two years!

Did you fix it yourself and then drive it while court was going through?

OP posts:
Original poster
daisydoh · 30/11/2021 08:07

@BarbaraofSeville we asked them last time for a courtesy car they said We could have one then when it came down to it and I needed it they said no it was out with someone else with an indefinite return date! Honestly this garage is the worst!

OP posts:
Original poster
daisydoh · 30/11/2021 08:09

@laurenlodge not sure what's so shocking about the car value being out of warranty!There are many cars above 40k that are older then 3years not under warranty it's really not that shocking!

OP posts:
Thefartingsofaofdenmarkstreet · 30/11/2021 08:13

For some reason I'm wondering if it's a Land Rover

It's definitely Land Rover!

LakieLady · 30/11/2021 08:14

@madroid

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.

I second this.

I had a problem with a 2nd hand car some years ago and the dealer didn't want to know. I rang Trading Standards, and got a phone call from the dealer less than 24 hours later telling me they'd give me a full refund.

And they came and collected it.

Tootsey11 · 30/11/2021 08:15

Op, you should not be driving the car after you have rejected it. If you want to get your full refund you must take it back and hand over the keys. If you continue with driving you are making things more difficult in building a good case against them. They must have something they can lend you in the meantime. Did you ask before purchase what their warranty was.

Ohdoleavemealone · 30/11/2021 08:18

I think, on top of taking the legal routes I would make a life difficult for them. I would stand outside their garage telling customers what they had done and plaster it all over the papers.

Original poster
daisydoh · 30/11/2021 08:25

@Tootsey11 yes I asked and they advised any issues within thirty days of the car and I can bring it back - because that's consumer rights act 2015.

Now they're acting as though they've never heard of consumer rights.

OP posts:
TakeYourFinalPosition · 30/11/2021 08:26

@daisydoh If you’ve rejected the car, you can’t drive it anymore. You need to hand it over, or they can argue that you didn’t properly reject it.

Have you sent a letter before action? That’d be your next step. There are templates, and you can follow them pretty closely as they are legal documents. You can send that yourself. If it progresses further than that, you’d likely want a solicitor to take over the next steps, but you may be able to avoid solicitors costs if they respond to the LBA.

But be careful about what advice you follow. Nomaj is in a different situation to you, they’d already had the car for six months and were trying to recover costs to fix it. That’s very different to you rejecting the car.

Original poster
daisydoh · 30/11/2021 08:31

@TakeYourFinalPosition I've sent the letter before action, they've come back with the exact same argument that there is no fault and only the video evidence presented them with one (despite us arguing the prior three weeks and taking the car back previously)

They are still only offering to repair the vehicle by collecting it from us. No refund

OP posts:
Original poster
daisydoh · 30/11/2021 08:32

@TakeYourFinalPosition I can't hand it over though if they won't accept it. When I say drive the car I mean get I fixed fort from the main dealer and then once rectified keep all repair costs and drive it while courts being pursued.

Because of court takes a year or even months I haven't got 40k to tie up on an unused car sat on my drive.

I mean drive it once I fix it independently

OP posts:
Ekofisk · 30/11/2021 08:32

Have you checked your motor insurance policy to see if you have the motoring legal expenses add on?

Original poster
daisydoh · 30/11/2021 08:33

@Ekofisk yes I don't have legal - as I have it under my house so assumed it would cover but now aware it doesn't cover cars!

OP posts:
Original poster
daisydoh · 30/11/2021 08:40

@Thefartingsofaofdenmarkstreet what makes you so sure!?

OP posts:
rrhuth · 30/11/2021 08:42

No one can fix this any other way than through the legal process.

If you have £40k tied up in the car, it would be worth your while spending a few hundred getting legal advice. You could have everything explained to you and a course of action agreed by the end of the day.

See a (decent, get a recommendation) solicitor.