Please help, used car dealer saying we're not entitled to refund despite faulty car

scaredyhat

Hi, I'm new and I need your advice please. We bought a second hand car in October, the dealer said it was fine apart from that the engine light was on due to a faulty sensor which he was about to replace.

He didn't get round to it by the time we got back to collect it but he promised to do it the following friday. We took it in friday, they "fixed" it but the light came on again within an hour or two of using it. So we took it in again, and again, and again, four times in total, each time they "fixed" it but the light would come on again shortly after we dove it home.

(There was also a grinding noise from the brakes, and a squeaking noise from the suspension. These appear to have been fixed but also one of the back doors won't open/lock properly - it's just a lot to go wrong within the first month of having the car)

We don't live near this dealer and every time they try to fix the engine light issue they need it for the whole day so it means my partner having the day off work and spending the entire day in the nearest town twiddling his thumbs as it would take too long and cost too much in taxi/bus fare to get home. He's done this four times, hasn't got many holiday hours left to take, and frankly it's very inconvenient. They've even had it overnight once and still the engine light is on.

They say they've now replaced all the sensors and now it's considered an "intermittent fault" and we shouldn't worry about it. Surely if they've replaced all the sensors and the check engine light is still on it's because there's something wrong with the engine? How can a fault be intermittent anyway?

(Bless you if you've read this far, sorry it's a long one!)

Anyway so we've finally got fed up, and said we're not happy. The guy initially said in a warning tone "well really the next step would be a refund!" to which we said "yes, please" and he said he'd have to speak to his boss to see if this was a possibility. We've rung him back today and he's said he isn't legally obliged to give us a refund, and is now saying the car is a part exchange sold to clear with no warranty. There was no mention of it being a part x vehicle when we bought it, and we both heard him say there was a warranty on it.

He said to check our invoice but all we have a deposit slip saying we had paid in full and owed nil - is this effective as an invoice? there's no mention on there of part x, or on the advert on autotrader which thankfully we still have.

Advice would be really appreciated as we can't call trading standards on anything til tomorrow.

Are we entitled to a refund? Thanks.

scaredyhat

Bump, please help if you can.

Bonnie_dog

don't want to read and run, you could ring trading standards in the morning.
I would have thought you could claim as unfit for purpose
How did you pay

wealdroam

You need to start putting things in writing.

Write them a letter stating that they have had (number) of attempts to correct the fault. State that they can have one more attempt and if the problem shows within (number) of days following, then you will reject the car under Sale of Goods Act section 35 and expect a full refund of all monies paid.

scaredyhat

Thanks for responding. We paid in cash, they said at the last attempt by them to fix it that if it didn't work they didn't know what to do as they'd tried everything and didn't want to spend any more money on it (and it didn't work afterwards)

When we spoke to them this morning they offered to replace it with one of their other cars but after them lying about it being part x and having no warranty we have lost faith in them and don't really want to deal with them any longer/take on another of their cars which could potentially also have problems, which they may or may not fix.

scaredyhat

Bump. My partner wants me to ring and talk it over with them but I'm scared the dealer is going to bully me into coming away with nothing.

Bonnie_dog

decide before you ring what you will be happy with and don't settle for any less

Flyboy152

Sounds to me they are only dealing with symptoms and not the actual fault. It's a bit like turning off the fire alarm, because the fire keeps setting it off.

As has already been suggested, it is time to communicate in writing only. Tell them, in no uncertain terms that you wish to reject the car, because of the faults (list all the faults). Give them seven days to respond otherwise you will be referring the case to the small claims court.