Consumer rights after buying a faulty used car from a dealer- small claims court now!

minibbb

Hi

Back on the 8th December I bought a 1994 Jeep Grand cherokee from a dealer for £1500 and paid an extra £140 for a six month warranty with a warranty company. The jeep was sold to me in GWO.

I went away for a few days immediately following the sale and since I have got back have been using the jeep every so often, not a great deal as its a second car.

The jeep was struggling to start and on one snowy morning left me stranded at work as the battery had died. £130 later for a new battery the car was ok for a couple of days before again stuggling to start. It turns out when the car is locked and unattended the interior lights are flashing on/off which suggests an electrical fault which must be draining the battery. In addition to this the central locking doesnt work (i wasnt told this) and the 2wd/4wd selctor is very hit and miss as to whether it will work.

I see the car being a bottomless pit for money needing to be spent on it. I cant see that its fit for purpiose if it wont even start half the time!

What are my rights in regards to returning it to the garage? They are a small independent dealer and I paid via credit card.

Many thanks in advance for any help!!

newfoundglory

You must give them a chance to fix what is wrong.

1. Provide dealer with a list of things which require fixing, and
2. Tell them if they are not prepared to fix the items listed that you are rejecting the car and they must provide a full refund.

mikey72

You can initially reject, depending on the fault, but if you let them try to repair it you can lose the chance afterwards. The interior light sounds just like a poor switch, and maybe an easy fix, like the central locking could be, the 2/4 wd could be as easy, or something worse.
I would speak to trading standards first to find out where you stand, but they don't sound too bad if the garage can fix them under warranty.

minibbb

Cheers guys

The problem is I live 60 miles away from the garage so to trek up there would be quite an effort! Id love the car to work as it should but the gearbox thing sounds complicated and expensive from looking at the jeep forums. I think I'll email them tonight and see what they suggest.

newbie007_2

I would get on the phone to them tomorrow, they should ask you to bring the car in to fix those problems free of charge. You could try to ask for a courtesy car.

frothey

... but remember it's a courtesy, not a right.

marlot

Its a 16 year old car! I'd take the bulb out of the interior light, lock it manually.

4wd mechanisms often give problems if they're not used from time to time - the solenoids can get a bit sticky. What are the symptoms?

minibbb

Right, sorry for the delay in updating the thread, ive been trying to make some progress with the garage but with no luck!

Basically the garage point blank refused to offer any solution whatsoever, ignoring my two emails to them and then in the following couple of phone conversations they fobbed me off saying their "legal team" would be in touch.

A few days later I recieved a letter from a company called lawdate ltd, who the dealer obviously subscribe to for legal advice. The letter told me that the car was fine when it was sold to me and that I should claim on the warranty (which I purchased at an extra cost of £142!)

I sent them a detailed email back listing all the faults with the car;
These include;
-Battery goes flat due to faulty interior light
-2WD/4WD selection rarely works
-central locking doesnt work/spot lights not working
-The roof leaks in the rain creating a foul smell in the car from what must be the head lining rotting!

Again a recieved another letter from lawdata where they accused me of being aware oft he leaking roof (apparently the dealer told me this at the time and I was happy with it!! Like i'd ever buy a car with a leaky roof!!). They also tried to say that the warranty would cover the issues however the sales of goods act states that the dealer is liable to offer a fix/refund rather than having to claim on an aftermarket warranty.

I have been in touch with consumer direct and have sent the necessary letters to lawdate and the dealers asking to reject the car. At NO time has any resolution whatsoever been offered, they have not offered to fix the problems nor offer me a refund. On consumer direct's advice I also wrote to my credit card company as I paid for the car on my card and apparently they are also liable?

I sent lawdata a letter yesterday stating that I had tried all avenues to sort the issues out without any success and that unless I had a resolution within 14 days I would proceed with small claims court action.

I feel that I have been entirely reasonable here, Ive given both parties ample time to sort things out but have got nowhere at all with them. I plan on having a local garage provide a report on the vehicle prior to any court action, ive covered only about 250 miles since purchase as its so damned unreliable!!

What are my chances of a successful outcome should I take them to court? Im not worried about the court proceedure as ive given evidence in court plenty of times. I feel I have a good case due to their complete failure to try and resolve the situation. I have kept copies of all correspondence and have sent things by recorded delivery etc.

Many thanks!

vaio

What do your credit card company say? A bit of muscle flexing by them could well be an easier route than county court

Tilt

You have a very good case here. As you know, your claim is against the seller and not the warranty co. Under the SOGA, any defect (ex wear & tear) within the first 6 months of ownership is assumed to be present at the point of sale and as such is the seller's responsibility to rectify. So a warranty under 6 months is a waste of money anyway. Due to the short time you have had the car and the nature of the problems, I would be rejecting. However, see what your letter brings but don't hold your breath!

minibbb

I spoke to the card company yesterday and they have said that they need time to investigate the matter and that I will be contacted IDC. They did hint however that with used cars its not always that straightforward. From a personal point of view I do feel that the garage should be coughing up....not Natwest!

Thanks for the replies, hoping I will have a good case! If it does go to small claims what costs can I expect to recover? Im hoping the full purchase price of the car plus the cost paid for the battery ive had to replace and the warranty I purchased. Also, will the case be heard in my home town or the town where the dealer is located? (60 miles away sadly)