Used Car Nightmare

robokoder

Hello all,

One month ago I purchased an X-reg Clio from a local independent dealership. Last night, the engine lost power while travelling on a motorway, forcing me to pull over on the hard-shoulder and pay a substantial sum of money to recover the car. It wasn't a case of a 'one-off' issue, because I had noticed earlier in the day a slight lack of forward momentum as I pressed the throttle, but that went away as soon as I changed gears and it wasn't noticeable enough to concern me greatly at the time.

It should be noted that the car has already had two other issues - the throttle cable snapped (but this was a wear-and-tear part), which I paid for an authorised dealer to obtain and replace, and the battery had lost charge one morning when I came to the car (my insurer covers a recovery van and short-distance movement, so I had it charged for free).

At this stage, I am not happy to keep driving the car, and I know the dealer has substantial responsibilities under the Sale of Goods Act. I would prefer not to have the hassle of refunding this car and then buying a new car elsewhere, though I am prepared to do so if necessary. My preferred solution would be to get the dealer to agree to pay for an inspection and repair of the car at an authorised dealer.

My question, therefore, is what exactly I can force the dealer to do. I am not happy for them to 'have a look at it' since this is a potentially dangerous issue and one they might not fix properly, only for issues to haunt me down the line. Can I insist on an authorised dealer or else a refund? And, importantly, do I have a chance of reclaiming my costs of delivering the vehicle to them (I had it recovered to the dealership) and the previous cost of replacing the throttle cable?

I am prepared to go to a lawyer at some stage, but again I am not sure it this will be worthwhile on cost. I would rather get less of what I want (eg, no refund for recovery) than actually have to take them to court. The priority is to have the car professionally and independently looked at and repaired.

I'm dory that was a long post. Suggestions would be hugely appreciated and I'll reply to any clarification questions in minutes.

Thanks so much,

Dom

hollydays

What period of guarantee did the car have?
What would the costs be of delivering the car to them?

robokoder

hollydays wrote: »

What period of guarantee did the car have?
What would the costs be of delivering the car to them?

They don't offer guarantees beyond total mechanical breakdown, which are stupidly expensive and basically just re-assert your rights under the SOGA, so I did not buy one. There's no need for a guarantee because they are a business and SOGA applies for 6 months with onus on them to prove fault did not exist previously.

The 'delivery' to them represents my costs in being recovered from the M25 100 miles from where I live (they are round the corner), it cost me £120 to get it to them, which included a small discount from my insurer for first 25 miles.

Thanks

LinasPilibaitisisbatman

Robokoder

1) You do not understand the SOGA. The SOGA does not act as a comprehensive guarentee. It states the car should be fit for its purpose. Other legislation means it must be roadwworthy. An x reg car is 9 years old. The SOGA will recognise this and accept that it will develop faults. Unless these faults are of a catastrophic nature, unreasonable in relation to the price paid or make the car unroadworthy you will not be entitled to a repair/refund/replace.

2) No you cant insist the car be repaired elsewhere. You have to give the retailer the opportunity to correct the problems in the way they choose

3) No you can't claim the delivery as you didnt give them the chance to come and get it themselves

Overall I think you need to give them the car and let them find out what is wrong. Only then will you be able to see if its covered under SOGA or if you are liable for the repair.

A warranty/Guarentee is not the same as the SOGA

robokoder

LinasPilibaitisisbatman wrote: »

Robokoder

1) You do not understand the SOGA. The SOGA does not act as a comprehensive guarentee. It states the car should be fit for its purpose. Other legislation means it must be roadwworthy. An x reg car is 9 years old. The SOGA will recognise this and accept that it will develop faults. Unless these faults are of a catastrophic nature, unreasonable in relation to the price paid or make the car unroadworthy you will not be entitled to a repair/refund/replace.

2) No you cant insist the car be repaired elsewhere. You have to give the retailer the opportunity to correct the problems in the way they choose

3) No you can't claim the delivery as you didnt give them the chance to come and get it themselves

Overall I think you need to give them the car and let them find out what is wrong. Only then will you be able to see if its covered under SOGA or if you are liable for the repair.

A warranty/Guarentee is not the same as the SOGA

Erm, I do understand the SOGA, and perhaps you don't understand that a car which loses power on a motorway within 1 month of purchase isn't roadworthy or fit for purpose :rolleyes: (assuming inspection doesn't show it was a genuine one-off due to circumstances). You also seem to be... forgetting... that even though the SOGA allows for faults to develop, they would have to show that any fault wasn't present at purchase.

Also, if you've ever seen a used car guarantee (third-party) you'll see why I say they essentially just re-state SOGA protection...

I'm going to get an independent inspection done, but the question over recovery could be more contentious. I accept that they were not given a chance to recover it, BUT: it was a Saturday evening, they were closed and uncontactable, and I was required by the police to move the car from the hard shoulder that evening. I'm guessing I would need a lawyer's help to win that one, though.

Thanks

jobsearcher48

Don't used cars usually come with a minimum 3 months warranty?

I would be suspicious of a dealer that wasn't offering this.

Purpledaisy_2

Jeez calm down, its a nine year old car, faults happen !

Let them have a look at it & find out what the fault is.

My 56' mondeo lost power at 70 on the motorway, I towed it to Ford they fixed within a week - sorted.

No need for lawyers and independent inspeciton, crikey give them a chance.

Bamber19

robokoder wrote: »

Erm, I do understand the SOGA, and perhaps you don't understand that a car which loses power on a motorway within 1 month of purchase isn't roadworthy or fit for purpose :rolleyes: (assuming inspection doesn't show it was a genuine one-off due to circumstances). You also seem to be... forgetting... that even though the SOGA allows for faults to develop, they would have to show that any fault wasn't present at purchase.

It isn't roadworthy or fit for purpose now, but the question is (as you alluded to by then end of the paragraph above) if it was roadworthy and fit for purpose at the point of sale, (it's condition now is arguably irrelevant) but as it's within 6 months of purchase obviously it's for them to prove this is the case.