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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:
Faevern · 30/11/2021 10:04

If you have paid 40k on a debit card for a second hand car with no extended warranty I don't understand why you are not using a solicitor.

Have you asked your bank about a section 75 chargeback?

Of course they are going to fob you off until you actually take proper action.

Ekofisk · 30/11/2021 10:07

OP could try contacting What Car:

www.whatcar.com/news/your-legal-rights-if-something-goes-wrong-with-your-car/n3307

But with £40k at stake, it would be money well spent to contact a good solicitor.

TakeYourFinalPosition · 30/11/2021 10:11

You’re going to get a lot of well meaning but poor advice here. Like the comments about S75, which has a maximum limit of £30k. Ironically you’re better to have used a debit card here, as the chargeback scheme doesn’t have a maximum limit, but it is voluntary which makes things harder. That said, if you can satisfy your bank that you’ve rejected the car, they may well assist.

So you’ve sent an LBA, on the proper form, and they’ve responded to say that they don’t believe there’s a fault. What date did you give to escalate the claim? Are you past that date?

Did you also officially reject the car in that letter, or in a separate one?

Do you have proof of delivery for both?

DontBeCatty · 30/11/2021 10:12

What type of debit card did you use?

Xenia · 30/11/2021 10:14

Use Take's advice above. (I am a lawyer)
It may be worth your paying a solicitor for an hour of time to write one letter to the garage. If they do not then comply you may need to issue proceedings. Also check if the garage is about to go bust if you can as no point suing someone who is not going to be around. Also check exactly with whom your contract was a look at Companies house - if a limited company for their company number and status.

RandomLondoner · 30/11/2021 10:30

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

I was surprised by this claim, so I googled motor legal expense. The pages I found said it will cover uninsured costs arising from an accident. Are there really polices that would cover a second-hand car purchase dispute?

anniegun · 30/11/2021 10:32

I think you should use a solicitor. It is a lot of money and paying legal fees would be justified in this case

toolazytothinkofausername · 30/11/2021 10:35

You bought a second hand car for £40K?!? Shock

Why... just... why?!?

Welshiefluff · 30/11/2021 10:42

There are many cars above 40k that are older then 3years not under warranty it's really not that shocking

It is when a manufacturer like Kia can offer a 7 year warranty but some of the so called prestige brands will not even stretch to 3.

BarbaraofSeville · 30/11/2021 10:42

Well I thought that lazy but I suppose if it is something like a Range Rover, it would usually be better to buy a 3-5 YO one for £40k than a new one for £60-70k (or whatever, I have no idea how much these things cost).

Normally, you'd expect to get a good decade of trouble free motoring from a premium brand 3 YO car, except for tyres, brake parts and oil changes of course and obviously there has to be a market for the ones that people buy from new and change every three years to be sold on to. But it's always a gamble that a 'mid range' car could give issues, ie it's not one that's new and under warranty, so you can get it fixed for free, and it's not so old that you can scrap it and buy a new one, so between these two extremes, you're always at risk of having to spend big money to avoid losing most of the money you've already spent.

JingleJangler · 30/11/2021 10:45

Spends £40k on a second hand car
Uses mumsnet for legal advice

Oookay then

Ekofisk · 30/11/2021 10:46

@RandomLondoner

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

I was surprised by this claim, so I googled motor legal expense. The pages I found said it will cover uninsured costs arising from an accident. Are there really polices that would cover a second-hand car purchase dispute?

Depends on your policy, as some will cover disputes over car purchases. The legal helpline often provides advice over a range of issues, not just motor accidents.

For instance, the AA cover gives you £10k legal fees towards a purchase dispute.

www.theaa.com/car-insurance/motor-legal-assistance

JingleJangler · 30/11/2021 10:47

Normally, you'd expect to get a good decade of trouble free motoring from a premium brand 3 YO car

There is a big difference between a premium brand and a premium car. I consider a Toyota a premium car but not a premium brand. I consider Range Rover a premium brand but not a premium car.

daimbarsatemydogsbone · 30/11/2021 11:31

@BarbaraofSeville

Well I thought that lazy but I suppose if it is something like a Range Rover, it would usually be better to buy a 3-5 YO one for £40k than a new one for £60-70k (or whatever, I have no idea how much these things cost).

Normally, you'd expect to get a good decade of trouble free motoring from a premium brand 3 YO car, except for tyres, brake parts and oil changes of course and obviously there has to be a market for the ones that people buy from new and change every three years to be sold on to. But it's always a gamble that a 'mid range' car could give issues, ie it's not one that's new and under warranty, so you can get it fixed for free, and it's not so old that you can scrap it and buy a new one, so between these two extremes, you're always at risk of having to spend big money to avoid losing most of the money you've already spent.

This stuff about premium brand and mid range is bollocks. Survey after survey shows "premium brands" like BMW, Audi, Land Rover etc do worse than much cheaper ones for reliability.

The only real difference that you are paying for is a bit more bling on the car and badge that has had extra marketing money spent (which you're paying for).

Doris86 · 30/11/2021 11:33

The bottom line is that the law is on your side in rejecting this car. Unfortunately the garage don’t want to make it easy for you, so you’re going to have to go through the legal process. Hopefully a solicitors letter might be enough to make them realise you are serious and refund you without the need to drag it out to court.

Shade17 · 30/11/2021 11:38

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

How much do you think cars cost?

Chimley · 30/11/2021 11:39

Start money claims online small claims court process. This is open and shut.

Chimley · 30/11/2021 11:43

"Make a money claim online - GOV.UK" www.gov.uk/make-money-claim

If you need help claiming between £10,000 and £100,000
Money Claim Online
[email protected]
Telephone: 0300 123 1057
Monday to Friday, 8:30am to 5pm
Find out about call charges

daimbarsatemydogsbone · 30/11/2021 11:49

@Shade17

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

How much do you think cars cost?

The most I ever spent was 20K, 20 years ago and that was a mistake.

Since then I have never spent more than 6K

Doris86 · 30/11/2021 11:50

@Shade17

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

How much do you think cars cost?

Well I spent £4000 on a second hand car 4 years ago. I’ve since done 70k miles in it and it’s still going strong and has never gone wrong.

But having said that, if the OP has £40k to spend and wants to buy a nice car with it that’s entirely her choice.

daimbarsatemydogsbone · 30/11/2021 11:50

@Chimley

Start money claims online small claims court process. This is open and shut.
You can't do small claims for 40K read the thread
Shade17 · 30/11/2021 11:56

Well I spent £4000 on a second hand car 4 years ago. I’ve since done 70k miles in it and it’s still going strong and has never gone wrong.

And where do you think these cheaper 2nd hand cars come from? Someone has to buy them new. You can pay more than £40k for a new Golf these days FFS

BrightYellowDaffodil · 30/11/2021 11:57

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

I second the posters above who've said get proper legal advice because nonsense like this little gem from @mayblossominapril shows that people don't know what on earth they're talking about.

OP, I would absolutely be getting some proper legal advice here. The CAB are good for this sort of thing (even if it's just signposting you to a more appropriate service) or a legal service such as a solicitor. As others have said, some insurance policies offer it so it's worth a call (even if it's only to find out whether motor issues are included) and some solicitors will give a free 30-minute consultation.

Garages and second-hand car dealers can be absolute bastards for pretending they've never heard of the relevant laws, and can be very good at bulldozing customers into accepting what they think consumer rights should be. Don't let them get away with it!

Doris86 · 30/11/2021 12:05

@Shade17

Well I spent £4000 on a second hand car 4 years ago. I’ve since done 70k miles in it and it’s still going strong and has never gone wrong.

And where do you think these cheaper 2nd hand cars come from? Someone has to buy them new. You can pay more than £40k for a new Golf these days FFS

Yes I’m perfectly happy for other people to pay high prices for new cars so I can drive second hand bargains.

Even so £40k is much more getting into the luxury end of the market. More run of the mill cars can be had for 15k or less brand new.

Maroon85 · 30/11/2021 12:10

@myusernamewastakenbyme

Who in their right mind spends 40k on a car !!!!
Anyone who is currently driving around in a Tesla, for example. Which is a lot of people near me.
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