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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 2
    • sevenhills
    • By sevenhills 9th Oct 17, 10:39 PM
    • 600 Posts
    • 222 Thanks
    sevenhills
    The car was bought from a used dealer, not under the Motability scheme.
    Originally posted by sarah liz
    Just out of interest, why dont you use the Motability scheme?

    • Carrot007
    • By Carrot007 9th Oct 17, 10:43 PM
    • 617 Posts
    • 507 Thanks
    Carrot007
    I think what they are saying is that if you drive a car 1000 miles a year it probably needs to be serviced 3 times a year because you are not doing it any good. And that maybe you should have run from a car with that low a milage.
    • Warwick Hunt
    • By Warwick Hunt 9th Oct 17, 11:01 PM
    • 423 Posts
    • 214 Thanks
    Warwick Hunt
    Just out of interest, why dont you use the Motability scheme?
    Originally posted by sevenhills
    What's that got to do with the OP's problem?
    • sarah liz
    • By sarah liz 10th Oct 17, 9:56 AM
    • 10 Posts
    • 0 Thanks
    sarah liz
    Can we please now get back to my OP and try to help me with my problem?

    I want a refund from the used car sales dealer, he is stalling saying he's seeking legal advise. But this has been going on since July and Im sure Im entitled to a refund.

    I would appreciate some help please? Has anyone been in a similar situation? Does anyone have any legal qualifications who can help me?

    It was suggested I go to see a solicitor for a free session - slight problem being I don't have a car to get there!!! (my local public transport is not an option either).
    • BeenThroughItAll
    • By BeenThroughItAll 10th Oct 17, 9:59 AM
    • 4,530 Posts
    • 3,905 Thanks
    BeenThroughItAll
    Can we please now get back to my OP and try to help me with my problem?

    I want a refund from the used car sales dealer, he is stalling saying he's seeking legal advise. But this has been going on since July and Im sure Im entitled to a refund.

    I would appreciate some help please? Has anyone been in a similar situation? Does anyone have any legal qualifications who can help me?

    It was suggested I go to see a solicitor for a free session - slight problem being I don't have a car to get there!!! (my local public transport is not an option either).
    Originally posted by sarah liz
    Do you have legal cover on your home insurance? Try calling them, they'll have a helpline rather than a visit required.
    • m0bov
    • By m0bov 10th Oct 17, 10:20 AM
    • 1,079 Posts
    • 723 Thanks
    m0bov
    Google rejecting a car, google for a LBA template. You need to get the car back to the supplying dealer with the keys and a letter of rejection and then go to moneyclaimonline and open a case.
    • peter_the_piper
    • By peter_the_piper 10th Oct 17, 12:12 PM
    • 26,058 Posts
    • 33,001 Thanks
    peter_the_piper
    I know that pepipoo.com have some trained lawyer types on there. Maybe join them and ask? Don't use a hotmail address, they don't work.
    I'd rather be an Optimist and be proved wrong than a Pessimist and be proved right.
    • sarah liz
    • By sarah liz 10th Oct 17, 12:48 PM
    • 10 Posts
    • 0 Thanks
    sarah liz
    Google rejecting a car, google for a LBA template. You need to get the car back to the supplying dealer with the keys and a letter of rejection and then go to moneyclaimonline and open a case.
    Originally posted by m0bov
    Id rather not give the car back without knowing I will be getting my money back!!
    • bigadaj
    • By bigadaj 10th Oct 17, 12:52 PM
    • 10,356 Posts
    • 6,649 Thanks
    bigadaj
    Id rather not give the car back without knowing I will be getting my money back!!
    Originally posted by sarah liz
    Then you might be a bit stuck.
    • forgotmyname
    • By forgotmyname 10th Oct 17, 8:01 PM
    • 25,879 Posts
    • 10,304 Thanks
    forgotmyname
    I think you need proper legal advice, i wouldnt try my home insurance they may say its a motoring matter and we do not help with that.

    Does your car insurance have similar cover? If not try a fixed fee interview with a solicitor.

    The fact they have been picking up the bills is a bonus, but the fact your still using the vehicle is not.

    I wouldnt put too much in about missing appointments etc, they could just say why didnt you use a taxi etc. You need to keep it simple and to the facts. You also need to stop using it. But it could take a while to get your money back. Was it a small dealer or a large one?

    What are the chances of you returning the car and then finding out he went bankrupt the day after? Leaving you with no car and no money.

    Dont mention missing appointments unless it broke down on the way to them with the breakdown sheet as proof. But mentioning it was inconvenient that the vehicle could not be trusted to reliably get to appointments.
    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.
    • sarah liz
    • By sarah liz 11th Oct 17, 8:48 AM
    • 10 Posts
    • 0 Thanks
    sarah liz
    I think you need proper legal advice, i wouldnt try my home insurance they may say its a motoring matter and we do not help with that.Does your car insurance have similar cover? If not try a fixed fee interview with a solicitor.
    Ive checked home and car insurances and am not covered

    The fact they have been picking up the bills is a bonus, but the fact your still using the vehicle is not.
    Im not using the car, its stuck on my drive and unusable!

    I wouldnt put too much in about missing appointments etc, they could just say why didnt you use a taxi etc. You need to keep it simple and to the facts.
    Being a w/chair user Id need a WAV taxi, and can't afford to pay for a taxi for weekly check ups

    You also need to stop using it. But it could take a while to get your money back. Was it a small dealer or a large one?
    We were led to believe that they were a large dealer with a small sections of WAVS, we now know that they other section of cars are a completely different company

    What are the chances of you returning the car and then finding out he went bankrupt the day after? Leaving you with no car and no money.
    Exactly! I don't want to return the car

    Dont mention missing appointments unless it broke down on the way to them with the breakdown sheet as proof. But mentioning it was inconvenient that the vehicle could not be trusted to reliably get to appointments.
    Originally posted by forgotmyname
    - thanks for your reply
    • bertiewhite
    • By bertiewhite 11th Oct 17, 9:19 AM
    • 672 Posts
    • 680 Thanks
    bertiewhite
    Can we please now get back to my OP and try to help me with my problem?
    Originally posted by sarah liz
    OP - I think people ARE trying to help you by at least suggesting you get a replacement car through the motability scheme to get you back on the road.
    • m0bov
    • By m0bov 11th Oct 17, 11:34 AM
    • 1,079 Posts
    • 723 Thanks
    m0bov
    OP I suggest you make an appointment with your local CAB office, the longer you leave it the more difficult it becomes and the less likely the dealer will take you seriously.

    Are there mobility charities that might help with the legal side?
    • iolanthe07
    • By iolanthe07 11th Oct 17, 11:41 AM
    • 4,875 Posts
    • 4,604 Thanks
    iolanthe07
    They changed the clutch in an auto?

    Yes - Many Fiats have those ghastly electro-mechanical semi-autos where there is a clutch that is engaged automatically. They do help save fuel (as compared to a traditional torque converter auto), but imho they are jerky and generall unsatisfactory. They are common among small European automatics.
    I used to think that good grammar is important, but now I know that good wine is importanter.
    • timwalker
    • By timwalker 17th Oct 17, 10:44 PM
    • 3 Posts
    • 1 Thanks
    timwalker
    OP - I have worked for a WAV manufacturer for many years.
    I am guessing, from what you have said, that you possibly have a Fist Qubo that has been converted to a drive-from wheelchair vehicle, probably by Sirius Mobility.
    These drive-from vehicles can be very problematical long-term due to the complexity of the conversion.
    To be honest, neither a Fiat dealer or a used car dealer should be messing with the car, as any fault may be a result of the conversion.
    The original converter may be a point of contact, to see if your problem is recognised?

    To people suggesting the OP should just get another vehicle on the Motability scheme, it really isn't as straightforward as most people think when somebody is confined to a wheelchair.

    Let me know if I can help any more.
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