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Returning a car to a private dealer after 2 days? Help!

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Comments

  • pault123
    pault123 Posts: 1,111 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    why did you speek to a solicitor?

    all it takes is to pick up the phone call the trader and say "hi the car i bought from you has the EML light on and is not working properly"

    dealer should have said yes no problems bring it down we'll have a look.

    at the end of the day a EML light could mean anything.

    agree'd if the diagnosis is bad i.e crank is about to fall out, then i wouldnt hessistate in asking the trader to supply my cash with deposit back in full or supply me a car that is proven to be merchantable quality and no known faults.


    I picked up the phone and spoke to him the day after my OP ;)

    spoke to my solicitor too though ;)

    Fault still undiagnosed, though, should know more tomorrow
  • pault123
    pault123 Posts: 1,111 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    OH






    MY







    GOD...

    You spoke to a Solicitor? You having a laugh? What do you do when you stub your to on the coffee table? Take IKEA to Court for damages? Jesus..!

    Let the dealer have a go at fixing the fault first before you go in with your guns on fire!

    EML could and usually is something simple.

    I see th car is at a main dealer - at whose expense?



    OMG its that simple x2 garages and 3 days of labour can't fix it :(
  • buscape
    buscape Posts: 874 Forumite
    Eighth Anniversary Combo Breaker
    pault123 wrote: »
    Bought a car on Monday for £6000, everything was fine on the test drive, full service history, couldnt find anything wrong with it.

    Tonight on the motorway @ 70mph the engine warning light flashed, then stayed on and wouldnt go off until I slowed down, no power from the gas pedal to get back up to speed either.

    After owning the car for 2 days my immediate reaction is to get my money back and return it.

    On autotrader the dealer advertised a 3 month warranty and free 7 day insurance with the car.

    What are my rights on returning for a full refund.

    I feel sick :(:(
    What car is it?

    Flashing engine management light usually means the engine is misfiring and unburnt fuel is getting into the exhaust.
  • EML could mean anything such as a duff spark plug, blocked EGR valve, etc..
  • buscape wrote: »
    What car is it?

    Flashing engine management light usually means the engine is misfiring and unburnt fuel is getting into the exhaust.

    no it doesnt. it can mean an abundance of problems. from a simple loose sensor connector to a catastrophic failure of internal engine componants.

    the misfire and lack of power after EML illumminates usually means its in limp mode.
  • buscape
    buscape Posts: 874 Forumite
    Eighth Anniversary Combo Breaker
    You're right that the engine management light being on can mean an abundance of problems, I was talking about a flashing engine management light usually meaning there's unburnt fuel getting into the exhaust.
  • pault123
    pault123 Posts: 1,111 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    *update


    dealer had the car for 2 weeks in repair and returned it to me, receipt was paid by him to specialist for £700 to replace fuel filter, fuel pump and injectors.

    after one day of use the car lost all power and the more severe engine management light came on with the (!) mark.

    He refused a refund again and said he would repair it. Currently 4 days into the 2nd repair.

    Where would I stand refund wise if I get it back again and its still faulty?
  • shopbot
    shopbot Posts: 1,022 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    Have a look at this website:
    http://www.adviceguide.org.uk/england/consumer_e/consumer_cars_and_other_vehicles_e/consumer_problems_with_the_car_you_bought_e/the_car_you_bought_is_faulty.htm

    I'm not legally qualified but as I understand it the rights the dealer advertised are seperate from your statutory rights that the law gives you. Statutory rights will always take precedent over the dealers warranty.

    Have a read of the link - it addresses the issues you are facing.

    SB
  • Tilt
    Tilt Posts: 3,599 Forumite
    ^^ Good stuff from shopbot.

    My opinion is that as SOGA says you should give 'reasonable opportunity' for the seller to rectify, I would say that you have fulfilled your obligations now so now you have the option to formally reject. The seller has had reasonable opportunity and has failed to rectify. However, it would be how a judge would see it that counts.

    I would give him a full 7 days (meaning until next Wednesday) and if he hasn't sorted it by then, inform him that you are formally rejecting the car under the SOGA and you want your money back. You will also need to do it in writing.

    If he still refuses, then your only option is to take him to court.
    PLEASE NOTE
    My advice should be used as guidance only. You should always obtain face to face professional advice before taking any action.
  • Horizon81
    Horizon81 Posts: 1,594 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    The more stories I read like this the more I'm tempted to make my next car a bangernomics style purchase from a private seller. If the car ens up being a lemon, get another! How many supposedly reputable garages just faff around replacing parts for the fun of it without being able to correctly diagnose and fix the problem. Why are manufacturers making cars so near impossible to fix!
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