Car dealer being very awkward following fault

custardcream

Hi. Advice please!

Bought a second hand car 3 weeks ago from a dealer. From the outset the company were really difficult - bordering on rude. It was bought on pre-arranged finance so they knew it was a done deal. You'd think that spending 11K would get it hoovered at least (!) and it ran out of fuel about a mile or so up the road (despite a tank of fuel being supposedly part of the deal). That's a huge spend for us btw although that's not really the point. Anyhow...

The car itself seems okay (we have a separate warranty - phew) but discovered the same day that neither of the driver's side doors lock. I called the garage the next day who said it "must just have happened" - but then admitted they don't lock the cars in the compound so wouldn't necessarily have known. Fair enough.

They said they'd get back to me but didn't hear anything for a couple of days so I called them back a few times. Eventually got hold of the sales guy who was absolutely vile - told me that if I was going to continue to harass them he'd more than happily 'play the long game'. :mad: He was so rude and aggressive with his manner he made me cry - highly embarrassing but I was just so disappointed and angry with him. I then found myself apologising to him - how? why? I've no idea!

Anyway, long story short, we decided that rather than me traipse 30 miles and them keeping the car indefinitely which was the implication, it would be better if they sent us the door motor part and we would pay to have it fitted. That was 2 weeks ago and (shock, horror), nothing has been sent and they're not returning calls again. I just want to get this repaired and send them the bill - certainly don't want to have to speak to them again if possible.

I know they're obliged to correct the problem but do I have to take it there if they insist which is what I suspect they will do - knowing that I'm easily intimidated? Or can I look to be reimbursed if I have the issue fixed myself?

General advice is that we should just claim on the warranty (which does cover issue), but I'm really not comfortable with that - for a start we'd have to lie and say we'd only just noticed. Also - the garage get away with it which is just wrong!

Advice please? Thanks in anticipation!

unholyangel

You may want to check with your finance provider to see about a section 75 claim.

There are some limitations around it applying. For example if you got a general loan and then used some of it to pay for the car, that wouldnt be covered. But speak to them and ask for claim forms to be sent out.

Sale of goods act does still apply however its slightly tricker with second hand goods. Still, speak to the finance company and see if a section 75 is possible first.

Ectophile

Assuming it was a proper car loan (see unholyangel's post above), then I wouldn't be too timid about approaching the finance company, asking them nicely if they might consider a Section 75 claim.

If the car is faulty, and the dealer won't fix it, then the finance company is jointly liable. Ultimately, you could reject the car, and insist that the finance company writes off the loan.

custardcream

Thanks for replies. I've never heard of section 75 so will investigate further. It was a car specific loan paid direct to them so should apply.

I think the dealer will say they offered to fix it if I take it back to them but sales guy was so overbearing and difficult he made it an impossible option.

sinizterguy

Be assertive and demand that they fix the fault. Or send you the parts within a fixed time period. Send everything to them in writing.

Inform them you will be rejecting the car and you are getting paperwork from finance company to do so if they don't play along.

Be prepared to do so if it comes to that.

MJH1796

Your warranty will cover you from the day you collect the car, the doors could be a fuse issue or it could be something more, you are not lying to a warranty company if the fault wasn't evident on handover of the car or on test drive. It will cost you in phone calls, stamps and stress trying to get the finance company to sort it. What car is it??

photome

Whats the latest?

is it a Hyundai by any chance?

pulliptears

Had a similar problem with a 10 plate Ford Focus that developed a door locking fault within days of buying it. It was returned to dealer (not Ford I add) who fixed it in a day under warranty.

I suspect sending you the part and you getting a third party to fit will give them wiggle room on the warranty if you need something else done. It's not a solution I'd be accepting personally.