Returning a used vehicle after 17 days

[sarebear]

Hi,

I hope you can help. I purchased a car on the 29th September 2012 for £19,5k from what I thought was a highly reputable dealer selling cars valued up to £200k. I part exchanged my old car and financed a small amount (£2.5k). After just 13 days the car suffered several faults which sent the car into limp mode meaning I could only drive it at 40 mph. I informed the dealer straight away and they asked me to take it to a manufacturures dealer local to me. I did this and they informed me that the car had some quite substantial faults costing over £3k to fix. The 3 month warrantee would not cover above £500.

The detailed report from the manufacturer led me to have no faith in this vehicle after such a short space of time. After seeking advice I was told I was well within my rights to reject the car as it was within the time frames and the car was not fit for purpose. I then after seeking legal advice wrote a letter to the garage after a somewhat heated exchange on the phone with the dealer where he informed me I was crazy to think I am entitled to a refund and that the advice I received was wrong. In the letter I simply stated that I was rejecting the goods as per the sales of goods act as the car was not fit for purpose. I gave them 5 days to reply. The 5 days are up tomorrow and I havent heard anything. I have since stopped using the car and hired a replacement.

I have had the car inspected today and MOT'd and it failed. A little worrying as just 4 weeks ago the car had a 180 point inspection......

Can somebody confirm I am well within my rights and also where do I go after the 5 days are up?

Thanks in advance

John

[mystery1]

Re: Returning a used vehicle after 17 days

How did you pay ?

M1

[sarebear]

Re: Returning a used vehicle after 17 days

Value of my part ex was £16k then £2.5k finance and £1k visa debit transaction

John

[bluebottle]

Re: Returning a used vehicle after 17 days

What faults did the main dealer find and what did the vehicle fail its MOT on, please?

[sarebear]

Re: Returning a used vehicle after 17 days

main dealer found faults with the inlet manifold, diff, and throttle box. Failed the MOT on all elements of emissions test and wiper blades

[labman]

Re: Returning a used vehicle after 17 days

Hello John and welcome to Legal Beagles,

I'm sorry to hear of your problems, but believe you will find the following link very useful. It isfrom the Motoring Correspondent of the Daily Telegraph:

http://www.honestjohn.co.uk/faq/consumer-rights/

As you will see, you are well within your rights, though the dealer needs three opportunities to rectify any faults.

Should they fail to honour their obligations, go straight to your local Trading Standards Office.

[bluebottle]

Re: Returning a used vehicle after 17 days

The faults the main dealer found are major faults and indicate considerable wear and tear. What mileage was on the clock when you purchased it? Failure of the emissions test might indicate wear and tear on the engine and carburettor. If you have the vehicle's previous MOT certificate, run it through the MOT check facility on Gov.uk. This will give you the mileage at the last MOT. Also, how old was the vehicle, as described by the Arthur Daley you bought it from? Also, what make and model was it?

[labman]

Re: Returning a used vehicle after 17 days

Hello again John,

Given what you have said, with all due respect to fellow members, I would not get involved in anything other than rejecting the car and exercising your lawful rights.

[mystery1]

Re: Returning a used vehicle after 17 days

Value of my part ex was £16k then £2.5k finance and £1k visa debit transaction

John

Combined with others advice, contact the finance company. Section 75 of the CCA 74 is your friend.

M1

[sarebear]

Re: Returning a used vehicle after 17 days

Thanks for the quick replies. Does this 3 chances to fix the car mean I have been given poor advice? I was told as its so close to when I purchased the car I have a right to reject the goods? I have no faith in the car now. I spent nearly £20k so I expected good quality goods. The car is 5 years old with 55k miles on. I got it MOT'd to see how unfit for purpose the car is.

[GFP]

Re: Returning a used vehicle after 17 days

Hello again John,

Given what you have said, with all due respect to fellow members, I would not get involved in anything other than rejecting the car and exercising your lawful rights.

Couldn't agree more.....
Read This 1st
http://www.oft.gov.uk/shared_oft/rep...OFT1152con.pdf

You now need to write at least one more letter, entitled FINAL LETTER BEFORE ACTION.
Detail the expenses, refer to previous letter that you have rejected the car and want a full refund and your old car back (unless it has been sold then you will need compensating).

The dealer is probably half poorly informed and half trying it on.

AVOID ANY PHONE CALLS..... he can say what he wants and you can't prove it.
Read the report.... he is probably ignorant and will probably dig himself into a hole.

If he say's you cannot REJECT it He is committing and offence but ORAL will do you no good unless you have a judge who has the same opinion as me on used car dealers.

In retrospect you should have paid the balance by CREDIT card.... but hey-ho.... I made that mistake too.

[labman]

Re: Returning a used vehicle after 17 days

Combined with others advice, contact the finance company. Section 75 of the CCA 74 is your friend.

M1

Mystery SOGA Section 75 only covers credit cards I believe. Debit cards are covered under chargeback.

http://www.financial-ombudsman.org.u...itcards-31.htm

John,

I would telephone your Trading Standards tomorrow to clarify the situation. It does seem ridiculous that you have to give them three chances to repair the vehicle after only 17 days, but they will give you a definitive answer far better than we can.

[sarebear]

Re: Returning a used vehicle after 17 days

Thanks for the link, very useful. As I am now hiring a vehicle am I entitled to claim this against them too? I will send the Final letter before action tomorrow. After this I guess its hire a good solicitor?

John

[bluebottle]

Re: Returning a used vehicle after 17 days

Could you post up the make and model of the vehicle, please? I have a relative who is in the garage trade and an MOT tester. I can run the matter past him either this evening or tomorrow. Did the vehicle fail on anything else besides the emissions test and wiper blades?

If it's what I think it is, Labman's advice to contact your local Trading Standards is solid gold.

[sarebear]

Re: Returning a used vehicle after 17 days

No it only failed on that. The mot test was just to add to my argument. The car is now deemed unfit to drive. I might go down the route of informing VOSA as the dealer clearly didnt carry out the 180 point check as wiper blades would have certainly been picked up. The car is an Audi A4