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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 · 01/12/2021 00:13

And also, 40k on a car really isn't that surprising - please look on the Autotrader and you'll see many newer cars particularly from German brands are much more expensive than that,

I'm not sure why some posters find it so ridiculous to have paid that for a car??!

I like cars!

OP posts:
Boobicoosg · 01/12/2021 07:03

Oh OP, I feel for you. I just bought a second hand car for the same price and it has a major fault. The difference is the independent garage (on the other side of the country to us!) offered 6 months warranty and they are ‘paying the bill’ for it to be fixed at the closest dealership to us. They’ve also driven up courtesy car for us.

I was so annoyed at what had happened - the car looks immaculate and is top spec and has only been serviced by its dealership. Apparently it was a freak thing but the garage has found out the fault may have been there before but hidden (not obvious with normal service) and they are very apologetic, I felt swindled but the garage were even more mortified. I told the garage in no uncertain terms I wanted to give the car back when it was taking weeks to fix (huge delay at the car dealership due to Covid/back log). Such a long delay it went passed the 30 days.

That was enough for them to work even harder - they ring the main dealership for us and ask for updates etc. Now the main dealership are apologetic because of delays and are offering a free used approved 150 point check after they fix it.

This is how your garage should have been when selling a luxury car. We’ve now decided to keep it as the dealership are going above and beyond and essentially ‘it’s free’ - but in future I will pay the extra 5-10k grand for used approved! As the garage can’t do that 150 point check thing pre-selling.

If you haven’t been sold a warranty then you do have the right to send it back as it’s not fit for purpose. You may lose your deposit though?

PlumManor · 01/12/2021 07:11

@Thefartingsofaofdenmarkstreet

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

It's definitely Land Rover!

I thought this! We have one a year old, the amount of times it’s been in the garage with electrical faults is a joke.
Boobicoosg · 01/12/2021 07:15

Though it does sound sadly that you will need a solicitor as the garage are breaking the law, refusing to take the car back under the 30 day no quibble thing.

Sorry that this is ruining what should be a nice thing, OP

Original poster
daisydoh · 01/12/2021 20:39

A quick update, I've now spoke. To a solicitor and in so many words he gave me some free advice to say consider giving them one last chance to fix it.

Am I mad to do that? I was then considering once I get the car back to pay for an extensive health check by the dealer to ensure it hasn't been botched and then get a dealership warranty which they allow after the health check?

OP posts:
Original poster
daisydoh · 01/12/2021 20:39

Geez this is so stressful

OP posts:
TatianaBis · 01/12/2021 20:45

That’s fine - give them one last chance and put it on record - on email - that this is their last chance before you pursue legal action.

Boobicoosg · 02/12/2021 04:01

Well, I discussed your case with my partner and his first thought was - accept the offer for the garage to fix it, so sounds similar to what the solicitor suggests.

It’s hard when the trust has gone though.

Check what requirements your dealership needs to be able to give you a warranty though. They may charge £200 etc first to check the car out. However in your case, I would probably do this. You could then be satisfied the independent garage had fixed everything and also be reassured that the dealership were happy to cover it too.

Fingers crossed for you!

Original poster
daisydoh · 02/12/2021 09:13

@Boobicoosg thank you - yes that was my whole issue is the worry of trust. They might just botch it and then when I come to sell it I find I can't because of something they've done.

Mor even worse something dangerous happens while driving it.

The dealer check is £450!! Which is extortionate but it will be the only thing putting me at ease so I am going to get that done ASAP in return of the car then after that I'll feel safe knowing it's a safe car. Peace of mind I guess you sometimes can't put a price on.

I'll then get the warranty for at least a year I think (another £850 but worth it for me, especially given these cars commonly have faults). And the warranty is also from the dealership so should be reputable etc.

OP posts:
Original poster
daisydoh · 02/12/2021 09:15

The once I have the warranty at least I won't ever have to do with that garage ever again

OP posts:
Shade17 · 02/12/2021 12:03

Any car you buy has a 3 month warranty minimum.

Absolute rubbish

backtolifebacktoreality · 03/12/2021 17:42

If it's faulty you have 30 days to reject it and claim a refund. My local car dealer refused to give me a refund despite the fact it broke down on the way home from the garage! I took him to court and won. Took a couple of years for me to get the money though as he appealed and then said he had no money etc!

XelaM · 03/12/2021 18:05

Sorry but £40K cash is a ridiculous amount to spend on a used car out of warranty. You can get brand new very good SUVs for around £30K.

Shade17 · 03/12/2021 18:16

Sorry but £40K cash is a ridiculous amount to spend on a used car out of warranty.

Of course it’s not. Plenty of out-of-warranty cars/SUVs for more than £40k. The key is to purchase a good manufacture supported warranty such as BMW’s, not the cheapest but it’s excellent.

Original poster
daisydoh · 03/12/2021 19:57

@XelaM

Sorry but £40K cash is a ridiculous amount to spend on a used car out of warranty. You can get brand new very good SUVs for around £30K.
No, there really isn't!
OP posts:
Original poster
daisydoh · 03/12/2021 19:58

@backtolifebacktoreality what did you drive in the meanwhile whilst the claim was going through if it took so long?

OP posts:
Original poster
daisydoh · 03/12/2021 19:58

@Shade17 yes I agree. And I will be purchasing a warranty as soon as I get the car back

OP posts:
XelaM · 03/12/2021 20:09

Mitsubishi Outlander and similar SUVs are all around £30K new. Much better than £40K for second hand

Doris86 · 03/12/2021 20:19

@XelaM

Mitsubishi Outlander and similar SUVs are all around £30K new. Much better than £40K for second hand
That’s like me saying I’d rather have a brand new Ford Focus than a second hand Ferrari. You’re not comparing like with like. Brand new does not automatically equal better.
KarmaStar · 03/12/2021 20:39

Don't mean to be rude,but if you can afford a 40I car can you not afford also good legal advise op?
This garage are bu.

Original poster
daisydoh · 03/12/2021 20:55

@Doris86 yes exactly! A brand new Kia for example is not the same as a used bmw. Give me the used bmw anyday!!

OP posts:
Original poster
daisydoh · 03/12/2021 20:55

@KarmaStar yes I've had legal advice now and I've agreed to give the garage one last attempt to fix

OP posts:
Ekofisk · 03/12/2021 21:24

Hmmm. I’d rather buy a new Toyota 4x4 than a used Merc or BMW for £40k (other than a G Wagon or a Unimog).

There’s a reason that the UN uses Land Cruisers.

daimbarsatemydogsbone · 03/12/2021 21:29

I knew it was a BMW

Shade17 · 03/12/2021 21:32

There’s a reason that the UN uses Land Cruisers.

Absolutely. Have you seen how much they cost these days though?