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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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Original poster

To ask for my money back - car purchase

43 replies

NelsonScrandela · 23/03/2022 00:47

Purchased a car approx 5 weeks ago, mid Feb. It's the second time I have purchased a car from this trade seller. Last one was great, no issues hence the return.

This one needs a cambelt change. He promised to do it but I needed the car quite urgently so we agreed he would book it in. He did and when I was on the way driving to the appointment, he called stating the garage had some delays and they would need it over night and I could drop it off at his preferred garage and get a train or taxi back. As I had to make the decision quickly I said it would be best to rearrange as this would be expensive for me. I have also noticed an issue with the clutch which I mentioned straight away. He said he would look at it. This appears to be a significant issue after talking to a mechanic and will need to be fixed/replaced. I was chasing prior to the cancelled booking and then got covid so didn't chase for just over a week. I have chased since. He has stated the garage is very delayed and there are stock issues for parts but he is chasing. I then hear nothing.

We are going to the coast on holiday in April so I need it fixed by then but it's looking unlikely. I will also be returning to the office next week which will mean I need a car and make it more difficult to fix due to it being in use more.

From research, I believe I can return the car if less than 30 days. However, it's probably 40 days now but there has been a delay mostly caused by him. It came with a 90 day warranty.

This car was just under 10k. To me, this is a lot of money and I expect a reliable car or issues fixed.

Am I unreasonable to ask for my money back in this instance rather than wasting more time? What would you do if this was you? How would you raise it? The trader is lovely.

OP posts:

billyt · 23/03/2022 13:38

And here was me thinking second hand car prices were high because people can't get new ones.

I thought the time stopped once you'd contacted the supplier, otherwise they could just drag out responding so you're out of time.

I'd check on that.

Essentialgarage · 23/03/2022 13:48

You bought the car knowing that the Cambelt needed replacing, garages are not just sat there waiting for a job, a decent garage is booked up for weeks. He has agreed to do it, you wanted it because you needed the car. The clutch currently is a red herring as no mechanic has looked at it (you can't diagnose via a conversation)

Original poster

NelsonScrandela · 23/03/2022 14:43

@Essentialgarage yes agree but he said he was close with them and not much notice is required. It's been 35 days. That's not what was agreed. The clutch hasn't had an official diagnosis but if you heard it, you wouldn't want to be driving it.

The garage just called as he instructed them to and said no way they can get it in this week, fair enough. First day is Monday. They day I need it for. I can drop it there this Monday but if I can't get home, that's £70 in taxi to get from and to work. I know that's on me but as there has been enough time to sort this out, I'm not thrilled.

Alternatively book it in for the 4th and put more wear on the clutch as I'll be doing a few hundred miles the week prior to that where I am in the office. He thinks there might be nothing wrong with it. I know there is.

@HereComesTheSum I am into cars, unfortunately a Dacia is not on my list!

OP posts:

HereComesTheSum · 23/03/2022 14:56

[quote NelsonScrandela]@Essentialgarage yes agree but he said he was close with them and not much notice is required. It's been 35 days. That's not what was agreed. The clutch hasn't had an official diagnosis but if you heard it, you wouldn't want to be driving it.

@HereComesTheSum I am into cars, unfortunately a Dacia is not on my list!

[/quote]
Thats fair enough if you're into cars though I'm surprised you've allowed yourself to get into this situation - sorry! I've owned all kind of cars and I am a capable mechanic myself. I've bought a huge Dacia recently to see me through the next couple of years just as a cheap and easy option hassle free. Good luck with it though, I hope you get it sorted. Can the garage not loan you a car rather than pay a huge taxi fare? Or can someone give you a lift.

Original poster

NelsonScrandela · 23/03/2022 15:00

Someone called it. He is saying clutch is wear and tear. The issue is the bearing, not the clutch. The clutch is to be repaired as part of the fix. If it is that. What a fucking mess.

@HereComesTheSum I'm not a mechanic. I know the basics of how a car works. I worked in Fleet for many years. I know that end. I know what you're saying. I could cry. You pay extra to buy from a dealer to be told the issue is not covered as wear and tear.

OP posts:

HereComesTheSum · 23/03/2022 15:07

@NelsonScrandela

Someone called it. He is saying clutch is wear and tear. The issue is the bearing, not the clutch. The clutch is to be repaired as part of the fix. If it is that. What a fucking mess.

@HereComesTheSum I'm not a mechanic. I know the basics of how a car works. I worked in Fleet for many years. I know that end. I know what you're saying. I could cry. You pay extra to buy from a dealer to be told the issue is not covered as wear and tear.

Offer to go halves maybe?! Based on the fact the bearing is not wear and tear. Offer to pay the garage cash and cut the vat?! Sorry 😞 poor you.

LethargeMarg · 23/03/2022 15:11

We always buy second hand cars but have had two that were pretty much a total rip off and I had no idea you could take them back and get a refund? I thought that was the risk you take with second hand cars? Is that definitely true ? We did threaten one garage that we would be returning the car (this was about two weeks after buying) and he basically laughed at us and there was no suggestion we would get the money back.

ididntevennotice · 23/03/2022 15:26

I think you will find in the end these things come under wear and tear

Original poster

NelsonScrandela · 23/03/2022 15:36

I would understand it being wear and tear if this was an extended warranty but you have rights when you buy from a trader. I just don't know what they are. 😂

OP posts:

ididntevennotice · 23/03/2022 15:42

@NelsonScrandela

I would understand it being wear and tear if this was an extended warranty but you have rights when you buy from a trader. I just don't know what they are. 😂

It's a second hand car, irrespective of Warner or a lot of things will come under wear and tear. How did you find out about the cam belt needing done?

Justkeeppedaling · 23/03/2022 15:43

I think the clutch is a case of caveat emptor, and you need to suck it up and get it fixed yourself if he can't do it. Did you not notice anything amiss when you test drove the car?

As regards the cam belt - you can either wait for the garage you bought from to do it, or you can try to get it done at a garage of your choosing, if you can find a part. The original garage may or may not agree to cover/part cover the cost of this, but if it's a case of not being able to go on hols unless it's fixed, I'd be inclined to get it done.

Used cars are always a risk, no matter how reputable the seller. Next time it might be worth paying for an independent assessment of the vehicle before you buy - although that might not pick up everything either.

Ratatoo · 23/03/2022 15:54

Definitely return it if you can

ididntevennotice · 23/03/2022 15:58

@NelsonScrandela

I would understand it being wear and tear if this was an extended warranty but you have rights when you buy from a trader. I just don't know what they are. 😂

Also, just to clarify the 'wear and tear' is considered over the lifetime of the car, it doesn't state when you buy the car.

ididntevennotice · 23/03/2022 16:00

Start

lilahbelle · 23/03/2022 16:04

A warranty from a dealer actually covers very little, and as PPs have said, things like the clutch will be wear and tear due to the age of the car.

Buying from a dealer doesn't necessarily mean that you will get a perfect car with no issues unfortunately, they just have to be road legal with an MOT. Onus is on the customer, a bit like buying a house.

Original poster

NelsonScrandela · 30/03/2022 17:26

Thank you to everyone who has offered advice here. I raised the issue with trading standards (they have a new entity but can't remember the name) and they stated I was well within my rights to return or demand a fix. As I raised the issue on day 5, he should have fixed it within a reasonable time frame. As he didn't, I could ask for return. Once I started to say this he said he would fix it with no cost. However, they said couldn't find anything from the test drive - which makes sense as it's an intermittent sound. He offered to change the clutch anyway and I said unfair for him to pay for that if it could be something else and still make the noise. All reasonable. He offered me money back but stated minus £250. According to trading standards I am entitled to all money back but I didn't think it was worth the argument and is fair enough.

OP posts:

bimbimbap · 30/03/2022 17:39

It looks like you have reached a resolution, but might a courtesy car have been an option while they took yours in for repair (so you weren’t left without one / paying for taxis)?

Original poster

NelsonScrandela · 30/03/2022 18:04

Unfortunately not. This has been available previously when I have purchased from traders so agree it should have been offered.

OP posts:

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