Faulty car from car dealer

fizzy72

Hello
We purchased a car from an independent dealer on 17th may this year, we informed them of 5 problems with car on the 19th may to which they took car back for repair.
They have now had car back for repair for a further 3 times and the major problem of misfire is still there. We have exercised our right to reject the car on the grounds of unsatisfactory repairs but dealer has said no as he has had 2 mechanics say the car is fine.
We have now put the car for an independent report which we are paying for ourselves to finally prove the car has a problem, I told dealer we were doing this on advice from our solicitor but dealer maintains he won't be at fault if there is a problem as we have had it for 10 weeks!
Where do we stand? Has anyone had this problem before?

Tilt

Under the SOGA, if a fault occurs within the first 6 months of purchase, it is for the dealer to prove that the fault wasn't present at the point of sale. The seller should be given "reasonable opportunity" to inspect and rectify any faults that he is responsible for (those that existed at the point of sale). SOGA further says that the car MUST be fit for the purpose and of satisfactory quality.

It sounds to me that you have followed the SOGA in that you have given the seller reasonable opportunity to rectify and this he has not done.

Your position is now to write a formal letter of rejection saying that you require a full refund of the purchase cost of the car within 7 working days. Ask the seller to make arrangements with you to return the car to him. Once posted, you MUST not use the car any further.

Send by recorded delivery or make sure you have proof of postage.

fizzy72

Just had reply from garage doing independent report on car to say engine is goosed. Dealer surely can't refuse now!!

fizzy72

Well, we finally got refund on the car! No apology for the way the dealer spoke and swore at us and now the car is back on his forecourt again!
Just hope he repaired the engine or the next person is in for a shock!

spacey2012

Well done, stand your ground..

fizzy72

I've told as many people as I can to avoid this dealer and to avoid that car unless he can prove he has sorted it (which I doubt he has!)

OddballJamie

fizzy72 wrote: »

I've told as many people as I can to avoid this dealer and to avoid that car unless he can prove he has sorted it (which I doubt he has!)

You could put the traders name and the car reg on here, search engines should pick it up then.

fizzy72

I've been told I can't name the trader even though I'm stating facts! But the car is a subaru impreza r sport, reg no DG06 JJU and is located in perthshire, scotland

ontrack

Refreshing to see the Sale of Goods act being used sensibly and effectively.
Usually you see " I bought this car 6 months ago, I knew there were problems with it, the dealer told me it was his Aunties car and the faults would sort themselves out, but i really liked it. now its gone pop the guy who I bought it from has disappeared who can I sue?"
Good on ya

fizzy72

I could have taken it further and pursued him for compensation for loss of holidays (which we had to cancel) and made him pay for independent vehicle report but to be honest I've had enough stress over this to do me a while!!

OddballJamie

DON'T BUY THIS CAR
http://www.autotrader.co.uk/classified/advert/201308068177160