Used car - wanting to reject...

Annoyed.com

After advice as to whether we are being unreasonable, we are generally nice folk and don't like to cause a stink!

Brought a second hand car from a dealer last Wednesday, 2010 plate, Smart car, for around £4500, sold as excellent condition.

The very next day, less than 24 hours later, there was a noise from the engine, pulled over and the car wouldn't start. Phoned the dealer who basically said it wasn't his problem and 'did we have breakdown cover?' as 'hes just a dealer not a mechanic!'. We do, so we had the car towed to a garage to be looked at, and we told the dealer that he will be notified before any repairs were commenced.

Cutting a long story short, the car is completely broken, (excuse my technical terms), something to do with the engine, some bearing things and basically needing major work to get the car on the road. We have been told this is not wear and tear.

We have been given a quote of which the dealer said he will only pay £250 max leaving us with the rest to pay, which will be a lot more than the £250 he is willing to pay. We have explained that this unfair and would he meet us halfway to which he forwarded us his first email again quoting £250 max.

He has left us with no option but to reject the car, something we didn't want to do.

In the meantime the car is stored at the garage awaiting repairs, and we have now been told that we will be charged a daily rate to store the car there. We feel as if we are being shafted by two lots of people now, although I do understand where the garage is coming from.

So do we pay to tow the car to our drive, or should we tow it to the dealers forecourt?? When you reject a car do you keep the keys until the money is back, albeit that we may have to go down the small claims court?? I have typed out my letter of rejection and will send it tomorrow recorded. Please, any advice would be appreciated!

Car_Complaints

They havent got a leg to stand on, get the car towed back to the garage hand them the keys and give them 10days to refund you your cash

poppasmurf_bewdley

You have the right to reject the car.

How did you pay for it? If you took the car on finance, then copy your letter to the finance company and keep them informed.

stevepb101

Annoyed.com wrote: »

After advice as to whether we are being unreasonable, we are generally nice folk and don't like to cause a stink!

Brought a second hand car from a dealer last Wednesday, 2010 plate, Smart car, for around £4500, sold as excellent condition.

The very next day, less than 24 hours later, there was a noise from the engine, pulled over and the car wouldn't start. Phoned the dealer who basically said it wasn't his problem and 'did we have breakdown cover?' as 'hes just a dealer not a mechanic!'. We do, so we had the car towed to a garage to be looked at, and we told the dealer that he will be notified before any repairs were commenced.

Cutting a long story short, the car is completely broken, (excuse my technical terms), something to do with the engine, some bearing things and basically needing major work to get the car on the road. We have been told this is not wear and tear.

We have been given a quote of which the dealer said he will only pay £250 max leaving us with the rest to pay, which will be a lot more than the £250 he is willing to pay. We have explained that this unfair and would he meet us halfway to which he forwarded us his first email again quoting £250 max.

He has left us with no option but to reject the car, something we didn't want to do.

In the meantime the car is stored at the garage awaiting repairs, and we have now been told that we will be charged a daily rate to store the car there. We feel as if we are being shafted by two lots of people now, although I do understand where the garage is coming from.

So do we pay to tow the car to our drive, or should we tow it to the dealers forecourt?? When you reject a car do you keep the keys until the money is back, albeit that we may have to go down the small claims court?? I have typed out my letter of rejection and will send it tomorrow recorded. Please, any advice would be appreciated!

This is exactly what happened to me recently.
Take the car back to the dealer,tell them you are rejecting it under the Sale Of Goods Act 1979 and send them a letter stating this and also include a copy of the faults from the garage.
Also contact trading standards asap and report the situation to them,they will help you if you have any further problems.
They haven't got a leg to stand on!
I obtained a full refund last week doing this.
Good luck.

Annoyed.com

Thank you for the replies and reassurance that rejecting is the way forward.

We paid in cash, next time we will use the bank card as I believe we could have had help reclaiming the costs.

So, once we've had the car towed back to them we hand the keys over as well? Is it okay to let them take them without getting a refund first?

I think it's best if I calmly hand the keys over as hubby is fuming!

Car_Complaints

Yep hand them the Keys

Does the Smart Garage know the story and the purchase date etc etc??

Annoyed.com

Thank you Steve, glad it worked out for you.

We have contacted Citizens Advice and have been given a reference number, they have explained what to do, but not actually come forward and said it would be a definite refund, so stressing that we have lost the money.

I have asked the garage for a full report so will send it on to the dealer.

Car_Complaints

CAB on the fence and do not make promises

Annoyed.com

Yes, Smart garage does know, in fact we paid to tow it to them and they have spoken to the dealer. One of the reasons we have agreed to pay half towards the costs as it is at a named garage.

This doesn't seem to be the dealers problem as he is adamant that he is only a dealer and not a mechanic! We even gave him the choice of getting it towed to a garage of his choice but he said it wouldn't make any difference. Hence why it's now at the smart garage.

stevepb101

Annoyed.com wrote: »

Thank you for the replies and reassurance that rejecting is the way forward.

We paid in cash, next time we will use the bank card as I believe we could have had help reclaiming the costs.

So, once we've had the car towed back to them we hand the keys over as well? Is it okay to let them take them without getting a refund first?

I think it's best if I calmly hand the keys over as hubby is fuming!

Yes give them the keys,say you are rejecting it,explain the law,say you have taken advice and see how they respond.
I left the car at the garage with the keys and sent the letter recorded delivery.
Request a refund,if they say no then just leave and post the letter.
Get a template off consumer web site,put on date of purchase,amount,car reg,method of payment,dates when faults occured and faults found,no threats and give them 7 days to reply.
The warranty is totally irrelevant,it is an added extra,so tell them so.
They are snookered!:)

stevepb101

Annoyed.com wrote: »

Yes, Smart garage does know, in fact we paid to tow it to them and they have spoken to the dealer. One of the reasons we have agreed to pay half towards the costs as it is at a named garage.

This doesn't seem to be the dealers problem as he is adamant that he is only a dealer and not a mechanic! We even gave him the choice of getting it towed to a garage of his choice but he said it wouldn't make any difference. Hence why it's now at the smart garage.

Do not pay half,or anything,take it back and reject it,simple as.
The CAB can be a bit vague but don't worry you will get a refund