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Had 2nd hand car for 16 days and its broken down, what are my rights?
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Refund request letter sent recorded delivery to Hartwells.Sealed Pot Challenge member #982
In 2012 I pledge to:- Save £1 a day, meal plan, be more organised, have NSDs, set myself a budget AND STICK TO IT, throw all loose change into Sealed Pot and not open it till 29th November.:money:0 -
Just checked to see the status of the recorded delivery letter sent yesterday and its been received... GULP! Not had any phone calls yet.Sealed Pot Challenge member #982
In 2012 I pledge to:- Save £1 a day, meal plan, be more organised, have NSDs, set myself a budget AND STICK TO IT, throw all loose change into Sealed Pot and not open it till 29th November.:money:0 -
Tell me you are not "rejecting" it which is not the same as asking for "refund". If they refund you they can deduct a reasonable amount for the use you have had out of it, (which I know is not very much).
What did the letter actually say?
See post #83
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Sale of Goods Act 1979 (as amended)
On 10th October 2010, I bought a Ford Focus 1.6 Zetec 5dr Registration Number xxxxxxx from you for £4450 which is not fit for purpose made known.
The car has been back to your garage several times each time with different issues
The problems were:- 2 valves replaced
- Engine replaced – 12 month warranty, 2 years free servicing and MOT given as courtesy gesture
- Thermostat/temperature sensors replaced – car still faulty
- Circulation problem
- Electrical fault
Please respond to my complaint within 7 days from receipt of this letter.Sealed Pot Challenge member #982
In 2012 I pledge to:- Save £1 a day, meal plan, be more organised, have NSDs, set myself a budget AND STICK TO IT, throw all loose change into Sealed Pot and not open it till 29th November.:money:0 -
the lady at consumer direct told me they would probably offer a reduced amount and if they did then I should write back and ask for full refund with compensationSealed Pot Challenge member #982
In 2012 I pledge to:- Save £1 a day, meal plan, be more organised, have NSDs, set myself a budget AND STICK TO IT, throw all loose change into Sealed Pot and not open it till 29th November.:money:0 -
Very risky, without proper legal advice. That means you no longer want the car, you won't accept it back. Car dealers will usually reject your claim and tell you to collect the car (when its ready), if you refuse they will charge you storage costs, If you do collect the car you cannot be rejecting it becuase you have just taken it back - catch 22.
If I were you I would quickly seek proper paid for legal advice from a good solicitor.
A LOT of factors affect whether a rejection is allowed or disallowed. There's many threads on here of people who issue rejection notices and the usual "storage costs" response, unfortunately none of the OPs ever return to say what finally happened. Let's hope you keep us updated.
Rejection is not your only option, you can ask them for refund under SOGA S14 this approach can be used whilst you have the car in your possession, i.e. you can collect it when they tell you to. The problem here is that if they have fixed it and you take it back then you have no grounds for a refund until it breaks again....except maybe on grounds of durability, reliability.
Your used car developed a problem about 14 days after being sold to you, i.e. for 14 days it was working.
You have owned the car for 3 months, more than long enough for acceptance to have been effected, once accepted it CANNOT be rejected.0 -
26 Nov 2010 – Hartwells ( service manager) called to advise unable to resolve fault on Focus reg XXXXXXX and that vehicle needed to be recalled, requested we attended Hartwells later that day to come to an agreement regarding replacement vehicle. On arrival offered replacement vehicle FORD MONDEO which I refused, I had purchased a Ford Focus hatchback and do not see that a Mondeo estate is an acceptable resolve.Sealed Pot Challenge member #982
In 2012 I pledge to:- Save £1 a day, meal plan, be more organised, have NSDs, set myself a budget AND STICK TO IT, throw all loose change into Sealed Pot and not open it till 29th November.:money:0 -
I also emailed hartwells on 29th November part of which read.......
FORD FOCUS ZETEC 1.6 / REG- – to be repaired / new engine + 12 month warranty for parts / labour
2 Replacement Ford Focus of similar specification / mileage / condition (Colour irrelevant) but NOT EJ02 ZGZ website reference number (EJ02ZGZ-3)
3 Full refund of ALL costs incurred totalling £4978.53
They chose to repair the car but obviously they havent done a satisfactory repair
Sealed Pot Challenge member #982
In 2012 I pledge to:- Save £1 a day, meal plan, be more organised, have NSDs, set myself a budget AND STICK TO IT, throw all loose change into Sealed Pot and not open it till 29th November.:money:0 -
I am prepared to take this to small claims court if need beSealed Pot Challenge member #982
In 2012 I pledge to:- Save £1 a day, meal plan, be more organised, have NSDs, set myself a budget AND STICK TO IT, throw all loose change into Sealed Pot and not open it till 29th November.:money:0 -
Still risky without proper legal advice, you could land yourself in a lot of hot water0
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