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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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:
sjxoxo · 30/11/2021 12:18

I’d get legal advice and take them to court. Go to citizens advice first but sounds like you have a very strong case which means you’d win and therefore get your refund. You may find they will back down when they realise you are deadly serious. X

Doris86 · 30/11/2021 12:21

Maroon85

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.

Or more likely, they are paying a few hundred a month on a lease deal.

myusernamewastakenbyme · 30/11/2021 12:30

I can't see the point of spending that amount of money on a car...too many arseholes around who will key it or open doors onto it....thats without the depreciation on it.

Doris86 · 30/11/2021 12:52

@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.
Or buy privately. Cheaper prices and cash leftover to sort out any problems if necessary. I’ve saved around £20k over the years paying private sale rather than dealer prices. Only ever had one issue with one car which cost me £300 to fix.
WowStarsWow · 30/11/2021 13:21

Lol. If the OP had bought her car privately she wouldn't have any comeback at all. Great advice.
(I agree with @Udouhun - we recently paid £45k for a second hand car and we would only ever have done it through a main dealer!)

idontlikealdi · 30/11/2021 13:32

There's some dreadful advice on here.

I'm also guessing JLR.

Op if you can drop 40k cash, go and get proper advice.

Doris86 · 30/11/2021 14:05

@WowStarsWow

Lol. If the OP had bought her car privately she wouldn't have any comeback at all. Great advice. (I agree with *@Udouhun* - we recently paid £45k for a second hand car and we would only ever have done it through a main dealer!)
Lol, you’ve entirely missed the point. She would probably have paid £35k for the same car privately. Then maybe £1-2K to fix the car at a decent garage of her choosing with no messing around, and then still been £3k - £4K better off than buying from the dealer.
Herecomesthesun70 · 30/11/2021 14:23

Not in South Wales are you. There a garage here well known for doing this

DixonD · 30/11/2021 14:42

@toolazytothinkofausername

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

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

Why not? It’s all relative isn’t it? If you can afford it.

I spent nearly £10,000 on my very first car. I passed my test in it.

DontBeCatty · 30/11/2021 19:24

@WowStarsWow

Lol. If the OP had bought her car privately she wouldn't have any comeback at all. Great advice. (I agree with *@Udouhun* - we recently paid £45k for a second hand car and we would only ever have done it through a main dealer!)
That’s not exactly ‘great advice’ either. You can in some cases take action against private car sellers.
Fuuuuuckit · 30/11/2021 20:26

@JingleJangler

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

Oookay then

My thoughts exactly.
GetTheFlockOutOfHere · 30/11/2021 20:36

[quote daisydoh]@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! [/quote]
Any car you buy has a 3 month warranty minimum. Why on earth would anyone pay £40K with NO guarantee/warranty?

GetTheFlockOutOfHere · 30/11/2021 20:36

[quote daisydoh]@DogFacedWoman no credit cards unfortunately all debit card [/quote]
Also, you paid £40K via a debit card?

So much of what you are saying is just baffling/mind-numbing.

prawntoastie · 30/11/2021 20:58

You don’t need a solicitor.
You send them a “letter before action” detailing all dates of the incidents and the request for a refund in 14-30days
If not you file a N1 form with the money claims court.

prawntoastie · 30/11/2021 20:58

I’ve unfortunately had to take several scumbags to civil claims

prawntoastie · 30/11/2021 21:02

Does the cost of the car matter? The garage are scammers
I got scammed by a local mini dealer (vines gatick) for 15k said my car was a John cooper works when it only had the stickers on it. I wasn’t clued up to know what to look for.

KatieB55 · 30/11/2021 21:09

Do you have legal cover on your car insurance?

BayandBlonde · 30/11/2021 21:17

I'm guessing a Merc Auto 4x4

They are notorious for losing drive if the gearbox is not kept topped up with oil. They are mis sold with 'no maintenance' gearboxes.

I've had two new gearboxes in two merc 4x4's because of the no oil issue

Grenlei · 30/11/2021 21:35

if it was a 4k car it would make sense not to bother with a solicitor and go down the MCOL route.

40k is a different kettle of fish.

My money's on it being a Porsche Cayenne. There's a 'prestige' garage near me that sells all kind of £40-50k used cars, I never cease to be amazed people spend that kind of money anywhere other than a main dealer.

Chchchanger · 30/11/2021 21:36

Spends 40k on car.
Asks mumsnet what to do with it now it's broken.
Is it on finance or did you pay 40k on debit card?

This is an important lesson to others.
Never ever buy from a garage.
Never pay cash. Always credit card.
Don't ask mumsnet for legal advice

Grenlei · 30/11/2021 21:37

Just to add, it will cost the OP £2k to issue a claim because of the value of the car.

I'd pay for an hours legal advice before throwing away more money.

sanityisamyth · 30/11/2021 21:51

@Shade17

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

How much do you think cars cost?

Mine was £13k brand new with a fairly high spec 10 years ago!!
backtolifebacktoreality · 30/11/2021 23:43

[quote daisydoh]@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? [/quote]

No I left it on my drive and didn't use it.

Unfortunately seeing it there was always a daily reminder of the stress it was causing me.

I couldn't use it as it didn't work. You shouldn't use it anyway if you are rejecting it as it's not fit for purpose.

I obviously had to find another car until I finally got the money back via the bailiffs!

daisydoh · 01/12/2021 00:11

Not sure why asking for legal advice is so 'ridiculous' as some posters suggest.

If you read my Op, I did state I am posting for traffic and I anted opinions from people that have either had the same or similar issue or are in litigation/consumer advice.

There is a legal matters section on MN so clearly legal matters are discussed here.

The only reason I didn't post there is for traffic.

OP posts: