Car not fit for purpose

[got2bebrave]

Hi all. Bought a car (over £15,000) which was delivered 17th Nov and since then i have had no end of issues with it. Several which have meant it was undriveable and due to dealer incompetence it's been sitting waiting to be fixed on two occasions. I bought what i thought was a nice and reliable car as i drive on the motorway for work

I have a a 90 day warranty (17 nov to 17 Feb according to dealer) and for that 90 day warranty it has been undriveable for 42 days and counting - undriveable at present with possible major engine issue). In this time i have been paying car tax, car insurance, breakdown cover etc.

I have asked for a refund twice and have been refused. I have asked again with this most recent issue and they have kept me waiting 5 days whilst they consider so i am now carless with a chunk of metal that i no longer have faith in and am actually scared to drive in case i break down on the motorway again. I am a stressed single mum with a daughter with epilepsy to transport around as she cannot drive. This is really starting to affect my mental health.

I need to understand what my legal position/options are in case they come back and refuse again. Can anyone please direct me to any resources i can read to arm myself. I am totally prepared to fight this and pay for a solicitor at this point or to go to small claims, but would like to avoid that.

I assume that they can claim against their insurance as it is still under warranty however the clock is ticking and i feel like they are using delaying tactics for the warranty to expire.

Thanks all in advance for any experience/signposting.

Your legal position is that they are denying you your legal rights.

Forget about the warranty. That is irrelevant. As they have tried to fix the car and failed, you are entitled to reject the car and receive a full refund less a deduction for any use you have had of it.

Make it clear that you are exercising your final right to reject the car as per the Consumer Rights Act 2015 Section 24. I would remind them that saying you are not entitled to a refund is an offence under the Consumer Protection from Unfair Trading Regulations 2008 Regulation 5 and tell them that, if they continue to refuse a refund, you will refer the matter to trading standards.

You should also consider legal action. To go down that route, you will need to send them a letter before action. This is a letter setting out what has happened, how much you want from them, how you have calculated that amount, listing any documents you will rely on to prove your claim, listing any documents you want from them, giving them a deadline to respond (28 days is normal) and stating that you will take legal action without further notice if you do not receive a satisfactory response. As the amount you are claiming is £15k+, this is not a small claim so you can use a solicitor and reclaim your legal costs from the dealer.

Thanks so much for this. I am hoping i wont need it but have it ready to quote