Bought a used car - it's a lemon - what rights?

loopylu4848

:mad:

Hello,

My boyfriend bought a used car from a dealer just outside Southampton on about the 22nd December. We were told it had a new clutch fitted. We negotiated a small discount from him for Road Tax, and paid £1400 in cash for the car. Before we even got the car home, the clutch went. We called the dealer straight up, got the AA to come get us and took the car back to him. He told us to take it to another garage (not the one the fitted the clutch) - they gave us a courtesy car and 'fixed' the clutch. We picked it back up on the 27th December, and the clutch went again on the 30th December. The car is still outside my house as undrivable, but I informed the dealer of the problem straight away. He has again offered to fix the car. I have offered to drop the key off to him.

We have said that we don't want to car now (it seems to have got through 3 clutches in as many weeks), and he is refusing to give us a refund. What rights do we have? This is causing my self employed partner to lose work as he cannot get to jobs. When we asked him for our money back, he told us to F* off and we have no rights... please can someone shed some light on this?!

neilmcl

loopylu4848 wrote: »

:mad:

Hello,

My boyfriend bought a used car from a dealer just outside Southampton on about the 22nd December. We were told it had a new clutch fitted. We negotiated a small discount from him for Road Tax, and paid £1400 in cash for the car. Before we even got the car home, the clutch went. We called the dealer straight up, got the AA to come get us and took the car back to him. He told us to take it to another garage (not the one the fitted the clutch) - they gave us a courtesy car and 'fixed' the clutch. We picked it back up on the 27th December, and the clutch went again on the 30th December. The car is still outside my house as undrivable, but I informed the dealer of the problem straight away. He has again offered to fix the car. I have offered to drop the key off to him.

We have said that we don't want to car now (it seems to have got through 3 clutches in as many weeks), and he is refusing to give us a refund. What rights do we have? This is causing my self employed partner to lose work as he cannot get to jobs. When we asked him for our money back, he told us to F* off and we have no rights... please can someone shed some light on this?!

Is this true? By your account the original clutch went and the "fixed" clutch had problems too, so that's only 2 clutch problems you've had. Why don't you contact the garage that supposedly "fixed" the clutch the first time and see what they say, clearly their repair wasn't adequate.

loopylu4848

Yes, as it was replaced the week before we bought the car (that's the first one), and has now gone twice since we've had it - numbers 2 & 3. The garage seem to be personal friends of the dealer, and I am concerned that this will lead to more problems. I was just keen to know what our rights are before we bowl in there with all guns blazing and end up looking silly.

fivetide

loopylu4848 wrote: »

:mad:
This is causing my self employed partner to lose work as he cannot get to jobs. When we asked him for our money back, he told us to F* off and we have no rights... please can someone shed some light on this?!

that's a lie. He's got to try to fix the car (which he has) but he's failed. Sale of Goods Act says it should basically work as expected, ok, this is a car at the bottom end of the market but it does seem to be having some sort of issue.

With that in mind, and his attitude, I'd expect a battle. You should speak to your local Trading Standards in case you need to call on them and formerly reject the car through a letter so it is in writing.

TS will advise more and I'm sure others on here will too.

I'd also be interested in speakign to the place that has done the work. what exactly are they doing with the car? Is it the clutch or something in the box going wrong repeatedly? That sort of thing.

maninthestreet

So what does the garage who fixed the clutch for you got to say about the premature failure of the clutch they fitted?

arcon5

They sold it with a new clutch which you would expect to last a reasonable period, so the fault cannot amount to wear and tear due to its age and mileage. Since you have not acted in a way that would be deemed to have accepted the car then you can reject it under the sales of goods act for a full refund and the sells can collect the vehicle at no cost to yourself. The fact they attempted to repair the car does not affect your rights to reject it since you wasn't deemed to have 'accepted' the goods in the first place.

However getting the garage to accept this may be a whole different story.

Ill quote the relevant points of Soga when I'm I front of a computer this evening so if he continues to be difficult you can send him this.

Reject it in writing and keep a copy of the letter and proof of postage.

harveybobbles

Is it a Peugeot?

harveybobbles

Probbaly the master cyclinder that failed. Cant see how an actual clucth can fail unles it wanst fitted correctly?

loopylu4848

Hello,

I suppose what I also wanted to find out is how many times do we have to let him try to fix it before we demand our money back? Or how long, timewise, do we have to wait?

He has now picked it up and has said he'll have it fixed and back by tomorrow. I don't want the car anymore - it's cursed, I'm sure!!!

I don't know if it is the master or the slave, or a leak or what. People from the garage are away on holiday too so I'm not sure who's fixing it this time...

Anyone know how long it has to take?!

Thanks in advance.

forgotmyname

What is the car and what is the reason for the clutch failing?

fivetide

forgotmyname wrote: »

What is the car and what is the reason for the clutch failing?

To be fair the OP says they have no idea on the reason in the post directly above this.

SOGA essentially covers you ffor six months but you've been quick off the mark here. I would ask forgotmyname's question of the dealer and preferably the garage.

To reject it, I am pretty sure you only need to give them a chance to fix it (which you have) and as they have failed, send a letter formally rejecting the car.

There could be more to it but that's the basic I believe. Again, Trading Standards and/or your local Citizen's Advice might eb able to help further.