Used car nearly killed us, our rights?

mrs-d_3

We bought an 02 Alpha on 30th Dec from a small dealer. On our way home my DH realized he can't get into 4th gear. By the time we got home it was late so decided to call the dealer the next day. The next day we found out handbrake was gone too. DH called the dealer and the guy was very nice, said he'll get in touch after NY's and see if he can sort it out. We didn't worry too much at the time as we didn't need to use it much that week. Guy never called and DH was busy at work so never got around calling him. Last saturday we had to go food shopping with kids and on the way back there is a strech of road with 60m limit. Hubby put the foot down and before he even hit 60 the bonnet flipped open and smashed into windscreen :eek: We were very lucky I think that DH stayed calm, there wasn't much traffic and the windscreen didn't shutter into pieces and got into the car, and kids don't seem to be traumatised by it. Hubby called the guy who said he was very sorry and we'll get in touch with his friend who is car mechanic and see if he can sort us second hand bonnet. That was this lunchtime and we didn't hear back from him.
Where do we stand here? It's been less then 14 days since we got the car (gearbox happened on the same day). Would this be considered fit for purpose and satisfactory? We don't know much about this but it sounds like safety checks haven't been done.
Please advise, it will be much appreciated. Thank you.

MusicalLawyer

I'd drive down to the garage with the car ASAP and tell him you want your money back.
Did the dealer deny any knowledge of these issues with the car?

mikey72

Refuse the repair.
I'd reject it outright.

vaio

^^ x 2.........

mrs-d_3

thank you all for your fast replys. My husband spoke to him and never denied or acknowledged anything if that makes sense. With gearbox he said it could be dust or something for not being used and about the bonnet he was very appologetic but at the same tie never called back today to keep us updated.
The garage is about 30min away so not sure we should drive the car that far? What do we do call again and asked for refund, turn up and ask for refund? What if he says no?
Sorry for all the questions but never been in this situation before.

Hermione_Granger

So your husband went driving with your children in a vehicle that he knew to be unroadworthy as it had no hand brake and a faulty gearbox and as it turned out, other problems!

wealdroam

mrs-d wrote: »

The garage is about 30min away so not sure we should drive the car that far?

What?

You told us earlier that it couldn't get into forth gear and the handbrake didn't work, yet the whole family went shopping in it.

And then...

mrs-d wrote: »

...on the way back there is a strech of road with 60m limit. Hubby put the foot down and before he even hit 60 the bonnet ... etc, etc.

You are now worried/concerned about a drive of thirty minutes.
Is that thirty minutes at sixty miles per hour?

I would respectfully suggest that the drive time be extended slightly to make allowances for the faults discovered so far.

Lum

The missing 4th gear and lack of handbrake aren't a serious safety issue providing you're aware of them and take appropriate action, though technically you shouldn't be driving around with a faulty handbrake as it's deemed to be unroadworthy. It would fail an MOT for this.

Just make sure you leave the car in gear and if you park on any kind of slope, park next to a curb, about 4 or 5 inches away and turn the wheels so that whichever end is pointing downhill is pressed against the curb.

Not defending the dealer, just that the OP is currently stuck with a faulty car and needs to get it to the dealer.

Driving with a missing gear is "interesting" but you soon get used to it, just have to make sure you're at fairly high revs in 3rd before changing straight to 5th. I had an old Volvo that only had R, 1, 2 and 4 and got several more months out of it before a suitable replacement came up for sale within my price range.

shaun_from_Africa

Instead of driving to the garage, I would suggest that you contact them by e-mail or recorded delivery letter (so that you have proof), and advise them that you are rejecting the car as not fit for purpose and that as it is unroadworthy and cannot legally be taken on the public highway, you wish for them to arrange for it to be collected.

Don't forget that it is normally a stipulation of any motor insurance policy that the covered vehicle must be in a roadworthy condition for the policy to be valid.
If the driver was to have an accident and the insurers were to find out the state of the car, it is likely that they would refuse to pay out for the vehicle of its occupants.

Notmyrealname

Renault Clio? The faulty bonnet catch is a known problem that made it onto Watchdog.

wealdroam

Notmyrealname wrote: »

Renault Clio?

No.

OP told us the make and model of the car earlier...

mrs-d wrote: »

We bought an 02 Alpha on 30th Dec from a small dealer.