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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:
rrhuth · 30/11/2021 08:43

And yes - stop driving the car and take it back.

Original poster
daisydoh · 30/11/2021 08:45

@rrhuth how can I take it back ?!! When they won't accept it.

Do you mean just leave it on their forecourt? Because it's me that is insured while there're being dicks about it and if anything happens to it it's still my responsibility while the log book is in my name

OP posts:
rrhuth · 30/11/2021 08:48

[quote daisydoh]@rrhuth how can I take it back ?!! When they won't accept it.

Do you mean just leave it on their forecourt? Because it's me that is insured while there're being dicks about it and if anything happens to it it's still my responsibility while the log book is in my name [/quote]
Ask the solicitor this.

I do not understand why you don't get legal advice.

daimbarsatemydogsbone · 30/11/2021 09:09

@mayblossominapril

Anyone who deals in second hand goods has to be registered with trading standards so definitely contact them
OP - You need a proper lawyer - as you can see from the above, this thread is littered with people who have no idea what they are talking about.
Nomaj · 30/11/2021 09:10

Yes get legal advice

Which? We’re great for us and well priced

legalservice.which.co.uk/

£29 joining fee and then £9 a month so keep it going and you keep calling them back as your case develops.

Ours was a very different situation as a previous poster said, we were guided by Which as to what to do every step of the process.

goingtotown · 30/11/2021 09:11

Take the car to a Main Dealer to access repair cost. Then get legal advice.

daimbarsatemydogsbone · 30/11/2021 09:12

@Thefartingsofaofdenmarkstreet

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

It's definitely Land Rover!

It wouldn't be outing if JLR though - there must be thousands of faulty Land Rovers all over the country.

I reckon it's a BMW.

Doris86 · 30/11/2021 09:14

How did you pay for it? I’m assuming you didn’t put it all on a credit card. However even if you only paid a deposit by credit card, the credit card company will help you.

LadyFlumpalot · 30/11/2021 09:17

Hi OP, I don't know much about the legalities for faulty cars and garages, but I am a car enthusiast and in a club for my particular make and model. Might I suggest you find a car club for your make and model (not a burnouts in a Tesco car park on a Tuesday type club, a proper one) and see if anyone can advise? There are definitely some legally savvy people in mine.

There was a lass recently who had to reject her car as she found out it had been badly repaired and covered up. With the help of the club she got all her money back eventually. If you like I can ask her what she did?

EasyLikeSundays · 30/11/2021 09:21

[quote daisydoh]@DogFacedWoman no credit cards unfortunately all debit card [/quote]
Oh dear massive learning curve for you here OP. I assume youre really well off as 40k to most people is a fortune and they'd do everything to protect themselves when spending it. Use this as experience. I'm sure you'll get your money back, as you paid 40k essentially in cash I.e no finance the garage have probably spent it and therefore can't refund you, this might be why they're being so stubborn. You're at risk of them going bust and you'll end up with nothing so whatever you plan to do, do it quickly.

Doris86 · 30/11/2021 09:21

Make sure you put everything in writing, including your formal rejection of the car. Then you’ll have the evidence for court if you need it.

SirensofTitan · 30/11/2021 09:22

It wouldn't be outing if JLR though - there must be thousands of faulty Land Rovers all over the country

Unless there's a car model which has never had a faulty one it can't possibly be outing to say what it is, I assumed the OP meant outing as in she's already told lots of people IRL the story or doesn't want the garage to see this

As others have said getting proper legal advice is the only way to move forward. In terms of the cost of the car the cost of proper advice has got to be worth it

Whattochoosenow · 30/11/2021 09:24

I can recommend the Resolver tool on Money Saving Expert. You fill out the form with the problem. They give you timescale of what to do, and when, along with letter templates and wordings to be used.
www.resolver.co.uk/

drpet49 · 30/11/2021 09:25

For goodness sake just seek proper legal advice. You happily spent £40k on a car from a dodgy garage paying on your debit card but yet so reluctant to pay for legal advice.

DeathMetalMum · 30/11/2021 09:26

Do you have breakdown cover? My breakdown cover comes with some sort of free legal advice. Might be worth checking?

oldstudentmum · 30/11/2021 09:30

Op does your debit card have the visa symbol on it??? If it does you can go to your car issuer as it’s over £100 and get them to sort it ( Martin Lewis said this)

Oddbutnotodd · 30/11/2021 09:36

It’s a bit late in the day but I’m amazed you spent £40k on a car and then didn’t add maybe £30 for the optional legal cover on your car insurance policy. I realise that it’s mainly through mistakes than we learn.
Agree that Which is a good option now.
I would use a main dealer in the future. Having said that the last two were paid for with a bank transfer - nowhere near £40k though.

Hope you can successfully resolve the issue.

thecatsthecats · 30/11/2021 09:47

If you can afford 40k in cash, would you not be able to get a credit card to lease/longterm hire a car during this dispute?

I know it's stable-horse-bolting advice, but if you urgently need a car, I sincerely advise you never to sink your entire car fund into one vehicle (bought cash!) again! I buy outright, but always leave a few hundred outstanding in case I find myself with a lemon.

Icewiththat · 30/11/2021 09:47

We recently had huge issues with a Land Rover recently, just out of warranty. Needed a whole new engine and we were faced with the bill. Garage (dealer) useless so we escalated it to LR UK and boom- new engine and extended warranty.

Lovemusic33 · 30/11/2021 09:49

I would give them a chance to correct the fault, it can take time with a newer car to find the problem and fix it. Give them a week and they say if it’s not done you will be going to trading standards and taking them to court.

I’m not sure why someone would spend £40k on a car and not have something in writing about what happens if it goes wrong? If you do have something in writing stating that you can return the car in 30 days then they won’t have a leg to stand on. I hope you manage to get something sorted, I have been in a similar position but not with a £40,000 car because I don’t have that kind of money, but I did spent all my savings on a car for the engine to go in the way home 😬, so I feel your pain.

TatianaBis · 30/11/2021 09:49

Personally I wouldn’t waste time dicking around with repairs.

The car is faulty and needs to be returned. What other problems might it have that you haven’t discovered yet?

Ring trading standards and talk to the consumer dept, and find yourself a lawyer. The threat of genuine legal action may suffice to get a refund. A legal case could potentially be very expensive for them if they end up having to refund at the end of it. They will want to avoid that.

You or a lawyer can write a ‘notice of intended action’.

BarbaraofSeville · 30/11/2021 09:52

In this case a credit card wouldn't have helped because there's an upper limit of £30k on the section 95 protection.

TatianaBis · 30/11/2021 09:53

I would give them a chance to correct the fault

She has. And now it’s worse. She can give them one last chance, but she shouldn’t dick around getting her own repairs. If they can’t fix it, it has to go back.

myusernamewastakenbyme · 30/11/2021 10:02

Who in their right mind spends 40k on a car !!!!