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Where do I stand?

6 replies

SadAct342 · 01/03/2024 16:17

Long time here but changed name as this is outing.

I bought a car second hand from a reputable company on the 21st feb for 26000.00
It was test driven and no issues identified.
On driving it home, 2 hours away, there was a reoccurring sound that was causing me some concern. Car was safe and had passed MOT previous day. It was terrible weather so I waited and drove the car over the next few days and then contacted the dealer to advise of the sound. They referred me to an online form which I completed. They said they were looking at options for having it looked at closer to me.
They called me yesterday and asked me to take it to a local garage. I wasnt able to. They then called me today again no notice and asked me to take it in which I did.
Initially couldnt hear anything and couldn't find anything when checked. So took me out on a drive sound was identified immediately and they looked again and said they thought it was possibly a problem with the driver box and that if it was them they would return the car. Also said it wasnt something they would do the car has to be sent away to do it.

I called back the garage, who said that was fine they would look to get it fixed and I said no I would be looking for them to refund the car. Ive only had it 10 days and the issue has presented immediately I dont want to risk any issues on the car. They asked me to put that in an email which I did. And asked them to confirm yhe next atepa for refund.

They have now said I need to bring the car to them as per our contract and they will provide me a loan car which I will need to insure while they review. Which is a massive inconvenience to me or leaves me no car. I appreciate I will need to take the car to them but would be looking for a refund to follow fairly quickly so I can look for another car.

I feel they are stalling me and want to get over the 30 day guarantee.

The car has no indicators on and nothing when put through their checks and the MOT passed so where do I stand when their garage who represents their issues tells me theres nothing wrong with the car or I shouldnt have a refund? Do I have any statutory rights that its not reasonable the car has done this straight away?

Thanks in anticipation. Ive had an awful time and this was supposed to be the end of that not more trouble. Gutted

OP posts:
akkakk · 01/03/2024 16:25

If you buy mail order you have 14 days to return an item for any reason - by law.
If you buy from the outlet, you do not. So, you need to then give them an opportunity to fix - you have far longer than 30 days under consumer law and any timescale is the time within which you need to raise the issue, not for them to fix it - you have no raised the issue so delaying gives them no benefit

VanCleefArpels · 01/03/2024 16:29

https://www.citizensadvice.org.uk/consumer/buying-or-repairing-a-car/problems-with-a-used-car/

this is advice for England - click the relevant link if you are elsewhere

Basically you have up to 31 days to reject the car as long as you were not made aware of the fault prior to the purchase. There’s a letter template for you to use

Problem with a used car

Find out your rights if you've bought a used car and something has gone wrong. You may have a legal right to a repair, the cost of a repair, or some or all of your money back.

https://www.citizensadvice.org.uk/consumer/buying-or-repairing-a-car/problems-with-a-used-car/

Karensalright · 01/03/2024 16:33

Above is incorrect. Consumer Rights Act 2015, gives you an absolute right to reject a car that has a mechanical fault, in the first 30 days, after purchase, and they must refund you the amount you paid minus a reasonable deduction for the use you have had of the car.

They can not create a contract that deprives you of your consumer rights. Any such clause is void.

State this in an e mail and that you require a refund, before you return the car.

prh47bridge · 01/03/2024 19:09

Slight correction to the last post. They may not make any deduction for the use of the car if it is rejected in the first 30 days.

Karensalright · 01/03/2024 19:19

@prh47bridge Thanks that is new information for me (advise a decent car dealer on complaints not that they have many)

SadAct342 · 02/03/2024 21:28

Thankyou all X

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