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faulty Used car rights - refund?

Hi,

I recently bought a used car from a dealer and paid a total of £4,075 in cash. The car was delivered and the dealer drove off.

When I started the car I noticed a knocking sound, I contacted the dealer via text but no reply, I phoned him and he said to keep driving it 'for a few weeks' and if the problem worsened he would repair it.

I have since been to 3 different garages and they have all told me that there are serious problems with the engine. In my investigations I phoned the garage who performed an MOT on the car for the dealer prior to the purchase and he confirmed that there was a serious noise coming from the car at that time and that he had informed the dealer before selling it to me. I have this phone call recorded.

I understand that I have a seven day cooling off period where I am entitled to a full refund but he is now refusing to answer my messages. The distance to the dealer is 85 miles so it is not practical to go and see him and because of the situation I have lost faith in the car and in him so I would like a full refund as quickly as possible.

I would not be happy with a repair due to the distance and inconvenience involved and also the fact that I do not feel I could trust this company, the purchase took place on Wednesday and I informed him of my desire to return the car on Saturday, I obviously have a record of all text messages.

Finally, one garage described the car as being very close to a 'catostrophic' failure and advised that it should not be driven, this makes the journey back to him very difficult. As he was willing to deliver, does this mean that he should arrange to collect the car? Any advice would be greatly appreciated, I am based in Conwy, North Wales and the deler is in Ormskirk, Lancashire.

Many Thanks.

Al

Comments

  • atrixblue.-MFR-.
    atrixblue.-MFR-. Posts: 6,887 Forumite
    edited 8 January 2012 at 4:24PM
    do not agree to a repair, its harder for you to obtain a refund if this is carried out.

    you will need to arrange for the vehicle to be trailored to the dealer with yourself if you wish to reject it there and then in person, and ask for the delivery costs.

    trouble with paying that amount of cash upfront and not on a credit or debit card is that you cant use charge back or credit card company to help you.

    whats different from this situation to vaio's link is that the dealer sounds as if he isnt playing ball with you where as the dealer in the link was willing to inspect the vehicle for themselfs and help out the poster.

    if by what you say the dealer was informed the engine had a mechanical problem by the MOT station he had arranged for MOT he knew it wasnt fit for purpose before delivering it. this is where dealers get a bad wrap because of people like that, only interested in off loading the car and taking the cash not the aftersales of the customer.

    heres where it get tricky for you.

    the dealer obviously doesnt want to talk to you by ignoring you. Call on Withheld number see if you get through.

    record the call and say IM REJECTING THE VEHICLE I WANT MY MONEY OF £4k back.

    then if you get hung up on. call consumer direct, report the garage to their local trading standards they will help you further in what you need to do.
  • Thanks so much for your help. Will push on tomorrow and let you know what is achieved.
  • missyp123
    missyp123 Posts: 564 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    would like ot know how you get on, iv just posted about the much less £600 used car i have just bought (but still the money i have and i cant drive it).
    Also bought from a garage with full mot, also feel like im being fobbed off past the 7 day period :(
  • mrs-d_3
    mrs-d_3 Posts: 240 Forumite
    me too, would like to know how you got on. Just posted about our bad experience and don't know what to do next.
    Official DFW Member no:410
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