Car on Finnance With Previous Accident Damage

freddy911

3 weeks ago I bought my wife a new car, a 54 plate mitsubishi colt. When I bought it I noticed a couple of things that lead me to belive it had been in an accident so I asked the dealer and they told me it had a minor scrape in tha car park. After the first week the powered steering packed in so I took it to the local mitsubishi garage under my warranty. The estimate came to almost £1000 so the warranty company sent an engineer out to inspect the car. When the engineer inspected the car they said it had significant accident damage numerous parts that had not been put back on the car from the repair and deemed the car unroadworthy as well as refusing to pay out for the repair.

I contacted the dealer who agreed to exchange the car in light of the independant engineers inspection which at first seemed resonable, but now almost a week later im no further on in getting a replacement car out of them, all they have offered me is cars that dont meet my requirements and in my opinion are worth less than what I payed for the colt. The first been a 2002 ford focus that can be had from many traders for over £1000 less than the colt. One car they had that does interest me is a smart forfour that is priced at £400 more than what I payed for the colt, at first they seemed ok with this but today they rang and said they couldnt do it as it was more expensive. Personnally I think its the least they could do considering what they have put us through and costs incurred by us. So now im thinking my best option is to get them to settle the finnance and pay me back my deposit and look elsewhere but dont know if I can get them to do this as they will have to pay settelment fees. Does anyone know where I stand legally here? I know under the sale of goods act they are obliged to take the car back if it is not fit for purpose but can I force them to settle the finnace and give me back my £1000 deposit?

Thanks Steve

DirectDebacle

You will probably receive a better response if you post this thread on the Consumer Rights section. Also try Consumer Direct, Trading Standards, CAB, home or motor ins. legal protection if you have it.

Anihilator

You should reject the car imo under the SOGA, You must do this immediately however and not use the car again.

In the first instance I would call the dealer and state you wish to reject the car under the SOGA and make arrangements for the return of the car and the cancelling of the contract and see what he says.

If he doesnt play ball use the templates on line.

I would also suggest a call to TS/VOSA if applicable to report him for selling dangerous cars. Worth asking the warranty company to put there comments in writing.

freddy911

I had already rejected the car and left it at the dealership where the problems were identified and left it for them to have collected. Upto now they seem fairly resonable and have offered me a few replacements none of which we are interested in. For some reason he wont offer us the smart but offered us a fiesta thats priced at 400 more than the smart. He says he wants an extra £500 to give us the smart carnt work that one out especially as its only valued at 400 more than what I payed. They are also supposed to be bringing us a demo car as a tempary measure tmrw. The problem I have is that I feel in an orkward position with them in that im left with having only what they are prepaired to offer us for an equivelent value to the colt. I cannot go more expensive without putting in the extra cash myself because to add it to the finnace would mean settlement fees and taking out a new agreement. Theres plenty of other suitable cars on the autotrader that we like but are stuck with them trying to find us something. If I hang on a week or so to see what they can come up with am I risking them not having to refund me and cancel the finnance if I decide thats what I want to do? Will accepting the demo car also change the situation? The other thing im concerneed about is they are collecting the colt tmrw if I have not accepted another car from them and they fix the faults can they force me to take it back once the faults are repaired? I really dont want that car back now.

Thanks Steve

Anihilator

If the car has been rejected then you should get a full refund.
What you are doing is not rejecting under the SOGA, instead a replacement. There are subtle differences.

If you want the smart car I would tell him that you want it and if he doesnt give it to you then you want a full refund including the finance costs for breach of contract.

I would hazard a guess you get the smart car.

Kilty_2

I'd be rejecting the car and walking away tbh (and have done successfully in the past)

Wouldn't touch another car from them.

drew2k9

they potentially put your life in danger, that alone suggests that if you pushed them and threatened them with legal action for the sale of a dangerous car and not informing you of past accidents it has had then they will bend over backwards to give you what you ask for.

but as above i wouldnt go back to them, i'd go elsewhere!