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  • FIRST POST
    • sarah liz
    • By sarah liz 8th Oct 17, 7:03 PM
    • 10Posts
    • 0Thanks
    sarah liz
    Refund Wanted on Used Car
    • #1
    • 8th Oct 17, 7:03 PM
    Refund Wanted on Used Car 8th Oct 17 at 7:03 PM
    I bought a used WAV (Wheelchair accessible vehicle) in May this year for £10,600.00 from a dealer in Amersham. In July it developed a fault - gears not changing (its an automatic) and engine stalling.
    The dealer asked me to take it to my local Fiat garage for repair under warranty, Im in Somerset so it couldn't go back to the dealer for repair.
    The car has broken down four times now with the same fault, the Fiat garage are struggling to find the problem (they've changed the clutch).
    The dealer I bought it from is still insisting on it being repaired, but Ive been without the car for 8 weeks within the 22 weeks of owning it.
    I have written to him numerous times requesting a refund, I have no other vehicle I can drive as I need to drive from my wheelchair, I have had to cancel many hospital appointments.
    The dealer is continually saying he is seeking legal advice, waiting for the Fiat garage to contact him etc etc, anything to stall me getting a refund.
    How do I get him to agree to a refund? Im sure that Im within my rights to insist upon this within 6 months of purchase.
    I think my next step would be small claims court?
    Any advice would be appreciated.
Page 1
    • m0bov
    • By m0bov 8th Oct 17, 7:40 PM
    • 1,074 Posts
    • 721 Thanks
    m0bov
    • #2
    • 8th Oct 17, 7:40 PM
    • #2
    • 8th Oct 17, 7:40 PM
    You need to send a letter before action, google for the templates to reject the car. How did you pay? Cash? Finance?

    Give them 7 days to respond then file a moneyclaim online.
    • sarah liz
    • By sarah liz 8th Oct 17, 8:21 PM
    • 10 Posts
    • 0 Thanks
    sarah liz
    • #3
    • 8th Oct 17, 8:21 PM
    • #3
    • 8th Oct 17, 8:21 PM
    I have sent letters (via email) requesting my money back, the seller has acknowledged receipt of the letters.
    I paid by BACS transfer.
    How do I file a money claim? Is that the same as small claims court?
    • sevenhills
    • By sevenhills 8th Oct 17, 10:30 PM
    • 576 Posts
    • 217 Thanks
    sevenhills
    • #4
    • 8th Oct 17, 10:30 PM
    • #4
    • 8th Oct 17, 10:30 PM
    I have written to him numerous times requesting a refund, I have no other vehicle I can drive as I need to drive from my wheelchair, I have had to cancel many hospital appointments.
    Originally posted by sarah liz
    Motability?

    While attending your breakdown, if the RAC deems your car undriveable a replacement car provided by the RAC may be available as an option.

    http://www.motability.co.uk/information-for-customers/cars-and-wheelchair-accessible-vehicles-customer-area/temporary-replacement-vehicles

    • forgotmyname
    • By forgotmyname 9th Oct 17, 12:08 AM
    • 25,852 Posts
    • 10,288 Thanks
    forgotmyname
    • #5
    • 9th Oct 17, 12:08 AM
    • #5
    • 9th Oct 17, 12:08 AM
    I can see the dealer just stating that you have not returned the vehicle to him for repair. You have not given him a single chance to rectify any fault that may or may not be present.

    It's messy, but did he instruct FIAT to repair the vehicle? Who paid the bills so far? What else have they swapped/tested?

    They changed the clutch in an auto? What vehicle is it and how old, which engine etc?

    Having dealings with FIAT in the past, its one place i would be reluctant for anyone to take a vehicle, Even a noddy car.
    Punctuation, Spelling and Grammar will be used sparingly. Due to rising costs of inflation.

    My contribution to MSE. Other contributions will only be used if they cost me nothing.

    Due to me being a tight git.
    • m0bov
    • By m0bov 9th Oct 17, 7:26 AM
    • 1,074 Posts
    • 721 Thanks
    m0bov
    • #6
    • 9th Oct 17, 7:26 AM
    • #6
    • 9th Oct 17, 7:26 AM
    I can see the dealer just stating that you have not returned the vehicle to him for repair. You have not given him a single chance to rectify any fault that may or may not be present.

    It's messy, but did he instruct FIAT to repair the vehicle? Who paid the bills so far? What else have they swapped/tested?

    They changed the clutch in an auto? What vehicle is it and how old, which engine etc?

    Having dealings with FIAT in the past, its one place i would be reluctant for anyone to take a vehicle, Even a noddy car.
    Originally posted by forgotmyname
    Which thread are you referring to?!
    • soolin
    • By soolin 9th Oct 17, 7:34 AM
    • 59,236 Posts
    • 41,992 Thanks
    soolin
    • #7
    • 9th Oct 17, 7:34 AM
    • #7
    • 9th Oct 17, 7:34 AM
    Which thread are you referring to?!
    Originally posted by m0bov
    I'm not sure what you mean- OP has never taken this back to the dealer, it has all gone via the local Fiat dealer instead. I agree that this might not be as straightforward as it appears- but it all depends on whether the dealer was the one insisting it went to Fiat or whether, as I think is implied in the OP it was the OP that arranged for it to go to Fiat (with the agreement of the original dealer) as they were unable to get it back down to the dealer.
    I'm the Board Guide for the Ebay Board , Charities Board , Dosh & Disability , Up Your Income and the Local MoneySaving-England board which means I'm a volunteer to help the boards run smoothly, and I can move posts there. However, do remember, board guides don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com
    New to Forum? Guide
    • sarah liz
    • By sarah liz 9th Oct 17, 10:09 AM
    • 10 Posts
    • 0 Thanks
    sarah liz
    • #8
    • 9th Oct 17, 10:09 AM
    • #8
    • 9th Oct 17, 10:09 AM
    I can see the dealer just stating that you have not returned the vehicle to him for repair. You have not given him a single chance to rectify any fault that may or may not be present.

    It's messy, but did he instruct FIAT to repair the vehicle? Who paid the bills so far? What else have they swapped/tested?

    They changed the clutch in an auto? What vehicle is it and how old, which engine etc?

    Having dealings with FIAT in the past, its one place i would be reluctant for anyone to take a vehicle, Even a noddy car.
    Originally posted by forgotmyname
    The dealer told me to take the vehicle to my closest Fiat dealer. So he has had chance to repair, but chose to use a Fiat garage.
    The dealer has paid most of the bills so far, he hasn't paid the last one.
    The vehicle is 5 years old and only 5,000 miles on the clock as was previously owned under the notability scheme by one lady owner.
    • sarah liz
    • By sarah liz 9th Oct 17, 10:11 AM
    • 10 Posts
    • 0 Thanks
    sarah liz
    • #9
    • 9th Oct 17, 10:11 AM
    • #9
    • 9th Oct 17, 10:11 AM
    [QUOTE=sevenhills;73235435]Motability?

    While attending your breakdown, if the RAC deems your car undriveable a replacement car provided by the RAC may be available as an option.

    The car was bought from a used dealer, not under the Motability scheme.
    • LandyAndy
    • By LandyAndy 9th Oct 17, 10:14 AM
    • 23,867 Posts
    • 50,521 Thanks
    LandyAndy
    The dealer told me to take the vehicle to my closest Fiat dealer. So he has had chance to repair, but chose to use a Fiat garage.
    The dealer has paid most of the bills so far, he hasn't paid the last one.
    The vehicle is 5 years old and only 5,000 miles on the clock as was previously owned under the notability scheme by one lady owner.
    Originally posted by sarah liz

    Oh dear.
    • Tarambor
    • By Tarambor 9th Oct 17, 3:18 PM
    • 1,294 Posts
    • 897 Thanks
    Tarambor
    The vehicle is 5 years old and only 5,000 miles on the clock as was previously owned under the notability scheme by one lady owner.
    Originally posted by sarah liz
    Oh dear. So it has spent most of its life stood and only doing short journeys, most likely driven in not the most mechanically sympathetic manner due to the previous owner's disability.

    Cars do not like being stood or doing short journeys. Both of those cause massive problems and a very low mileage car is not a good thing. I will actively avoid like the plague anything sub 7-8000 miles a year because once you start actually using them a load of problems always start to happen.
    • BeenThroughItAll
    • By BeenThroughItAll 9th Oct 17, 3:53 PM
    • 4,490 Posts
    • 3,846 Thanks
    BeenThroughItAll
    Oh dear. So it has spent most of its life stood and only doing short journeys, most likely driven in not the most mechanically sympathetic manner due to the previous owner's disability.

    Cars do not like being stood or doing short journeys. Both of those cause massive problems and a very low mileage car is not a good thing. I will actively avoid like the plague anything sub 7-8000 miles a year because once you start actually using them a load of problems always start to happen.
    Originally posted by Tarambor
    I'm not "Mr. PC" or anything, but that really is a startlingly unfair statement. How can you possibly jump to that conclusion?


    Maybe the previous owner was extremely careful, very mechanically sympathetic, and just not a regular driver.


    I'm not given to shouting "discrimination!" at every opportunity, but there is a rather unfortunate undertone to your post that even I raised an eyebrow at.
    • Tarambor
    • By Tarambor 9th Oct 17, 6:42 PM
    • 1,294 Posts
    • 897 Thanks
    Tarambor
    I'm not "Mr. PC" or anything, but that really is a startlingly unfair statement. How can you possibly jump to that conclusion?
    .
    Originally posted by BeenThroughItAll
    First hand experience and being involved with disabled people. My grandfather for example used to have to wear orthopedic shoes and would go through a clutch every year without fail with his motability car.

    Many also have issues getting in and out of vehicles, usually putting undue pressure on the backs of the seats and the doors as they use those to aid getting in and out.
    Last edited by Tarambor; 09-10-2017 at 6:45 PM.
    • Warwick Hunt
    • By Warwick Hunt 9th Oct 17, 6:44 PM
    • 364 Posts
    • 180 Thanks
    Warwick Hunt
    First hand experience and being involved with disabled people. My grandfather for example used to have to wear orthopedic shoes and would go through a clutch every year without fail with his motability car.
    Originally posted by Tarambor
    The OP's car is an automatic.
    • Tarambor
    • By Tarambor 9th Oct 17, 6:46 PM
    • 1,294 Posts
    • 897 Thanks
    Tarambor
    The OP's car is an automatic.
    Originally posted by Warwick Hunt
    And? Are you claiming all cars disabled people drive are automatics? Are you saying disabled people can't drive a manual? That's a startlingly unfair statement. How can you possibly jump to that conclusion?
    • Warwick Hunt
    • By Warwick Hunt 9th Oct 17, 6:55 PM
    • 364 Posts
    • 180 Thanks
    Warwick Hunt
    And? Are you claiming all cars disabled people drive are automatics? Are you saying disabled people can't drive a manual? That's a startlingly unfair statement. How can you possibly jump to that conclusion?
    Originally posted by Tarambor
    By reading the OP.

    I bought a used WAV (Wheelchair accessible vehicle) in May this year for £10,600.00 from a dealer in Amersham. In July it developed a fault - gears not changing (its an automatic)and engine stalling.
    The dealer asked me to take it to my local Fiat garage for repair under warranty, Im in Somerset so it couldn't go back to the dealer for repair.
    The car has broken down four times now with the same fault, the Fiat garage are struggling to find the problem (they've changed the clutch).
    The dealer I bought it from is still insisting on it being repaired, but Ive been without the car for 8 weeks within the 22 weeks of owning it.
    I have written to him numerous times requesting a refund, I have no other vehicle I can drive as I need to drive from my wheelchair, I have had to cancel many hospital appointments.
    The dealer is continually saying he is seeking legal advice, waiting for the Fiat garage to contact him etc etc, anything to stall me getting a refund.
    How do I get him to agree to a refund? Im sure that Im within my rights to insist upon this within 6 months of purchase.
    I think my next step would be small claims court?
    Any advice would be appreciated.
    Originally posted by sarah liz
    • Warwick Hunt
    • By Warwick Hunt 9th Oct 17, 7:03 PM
    • 364 Posts
    • 180 Thanks
    Warwick Hunt
    First hand experience and being involved with disabled people. My grandfather for example used to have to wear orthopedic shoes and would go through a clutch every year without fail with his motability car.

    Many also have issues getting in and out of vehicles, usually putting undue pressure on the backs of the seats and the doors as they use those to aid getting in and out.
    Originally posted by Tarambor
    The OP's car is driven from a wheelchair.
    • warehouse
    • By warehouse 9th Oct 17, 7:05 PM
    • 2,978 Posts
    • 5,565 Thanks
    warehouse
    The OP's car is an automatic.
    Originally posted by Warwick Hunt
    Made my day, thanks.
    Pants
    • BeenThroughItAll
    • By BeenThroughItAll 9th Oct 17, 7:27 PM
    • 4,490 Posts
    • 3,846 Thanks
    BeenThroughItAll
    First hand experience and being involved with disabled people. My grandfather for example used to have to wear orthopedic shoes and would go through a clutch every year without fail with his motability car.

    Many also have issues getting in and out of vehicles, usually putting undue pressure on the backs of the seats and the doors as they use those to aid getting in and out.
    Originally posted by Tarambor
    So nothing to do with a lack of mechanical sympathy then, but due to restrictions placed upon them by their disability.

    You had, by implication, conflated disability with a lack of mechanical sympathy - that is not the same argument you're now making.

    Hole, stop digging.
    • sarah liz
    • By sarah liz 9th Oct 17, 10:33 PM
    • 10 Posts
    • 0 Thanks
    sarah liz
    First hand experience and being involved with disabled people. My grandfather for example used to have to wear orthopedic shoes and would go through a clutch every year without fail with his motability car.

    Many also have issues getting in and out of vehicles, usually putting undue pressure on the backs of the seats and the doors as they use those to aid getting in and out.
    Originally posted by Tarambor
    I have been driving both manual and automatic cars for over 20 years. I have been disabled for three years and have to now drive from a wheelchair. The car is an automatic and has a lock for the wheelchair, so the previous driver was in the same situation as myself. The car has an automatic ramp and rear door, so no "undue pressure on seats or doors".

    I suggest Tarambor, that you stop assuming every disabled person is unable to drive a car without causing it damage whether mechanically or structurally!
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