Buying a Used Car- Consumer Rights

skiptongravy

Hi,

I bought a car a week or two ago from a used car dealership.
Paid £3400 for it and part ex my old car for £1095.

After 9 days it broke, the turbo failed. My local garage told me it would be about £1000 to fix and there was no guarentee the problem wouldnt happen again as it is a recurring problem in that design of engine. The intial turbo failure is down to the oil getting low in the past.
He advised me to give the car back and get a refund.

I googled cunsumer rights and worked out that at the least, I should be able to get the car fixed by the dealership, under the Sale of Goods Act.

First of all I contacted the RAC, as I was given a 3 month silver warranty with them off the dealership. They informed me that turbos arent covered.
I contacted the dealership, who intiallly said its not there problem, as the car was sold as seen. When I mentioned the Sale of Goods Act and that I wanted them to sort it out he changed his tune a little and told me to email them.
I then contacted Consumer Direct, who informed me that I was possibly in the right to ask for a refund or at the least a repair.
And that a warranty always comes second to consumer rights.

To cut a long story short; I have since had an AA report confirming the turbo fault, had to pay half costs of towing to the dealership for them to confirm the fault. Had the dealership deny there was a fault and then change their tune after they recieved a letter stating my rights and what I wanted off them and included a copy of the AA report.
They are now refusing a refund, instead saying that I should be using the RAC warranty to get the car fixed as they had spoken to the RAC and apparently the parts are covered.
Also they have had to do some work to my old car, but according to consumer direct this doesn't affect the refund claim at all.

Does anyone else have any experience of this??
Or know where I can get more specific advice?
I would still like to get a refund but I'm really not sure how likely I am to get one.
One minute I think I'm totally in the right, especially from reading the Sale of Goods Act and talking to Consumer Rights. And then the next I'm completly stressed out by it all and not sure if I'm doing the right thing!!!!!

Sorry if this is a long post!!!!!!

Hope to hear from someone

M

pinkshoes

I think they can either give you a refund, OR organise a repair, so if they're offering a repair, you'll have to accept. The repair does have to be of satisfactory quality though.

skiptongravy

pinkshoes wrote: »

I think they can either give you a refund, OR organise a repair, so if they're offering a repair, you'll have to accept. The repair does have to be of satisfactory quality though.

They are basically saying I should contact the RAC and do it through the warranty, which I think is them trying to get off from paying anything at all

pinkshoes

skiptongravy wrote: »

They are basically saying I should contact the RAC and do it through the warranty, which I think is them trying to get off from paying anything at all

Speak to RAC and see what they say, but if they won't do it, then you may have to resort to a "Letter Before Action" to the garage, threatening them with court action if they don't sort it out.

flashg67

Have you checked the RAC warranty terms yourself - according to this they are covered as long as they're standard fit, eg not aftermarket or modified - http://dealerservices.autotrader.co.uk/134/silver.pdf