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Not fit for purpose act

Where do I stand with getting a full refund on what I paid?
I bought a 11 month old car in Nov 2014 and have since had problems with it.
There has been interminent starting and the brakes failing. We reported it to Vauxhall within the 6 months and they didn't have an appointment for us until June 2015.

They tested our car and said there was nothing wrong with it, however soon changed their minds and fitted a flywheel. They said there was nothing wrong with our brakes.

We received our car back and it wasn't even a full week before the brakes failed again. Luckily we were in a position where it wasn't life threatening, but I dread to think what would have happened 10 minutes earlier on the motorway we were on.
It was recovered to Vauxhall and had further tests, all which came back to say there was nothing wrong with it.

I rang Head Office to complain and insisting I was not picking it up and driving it because it was unsafe. They gave me a hire car, to which I would have to pay for if they didn't find a fault.
The engineer drove it from Manchester to Liverpool and rang me 2 mornings later to tell me he nearly killed himself because the brakes failed on him.

Although they failed and nearly killed himself, they still do not know what the problem is.
I do not feel safe in this car and I am so lucky to be alive and to have not had a nasty accident.

I want a full refund (I bought the car out right) so I can purchase another car. They are saying that because they are fixing it then they won't give me a refund. I will shortly be drafting a letter to send to them to say that I am not accepting the car and they will either approve or reject this.

Can anybody help me please?!

Comments

  • AdrianC
    AdrianC Posts: 42,189
    Eighth Anniversary 10,000 Posts Name Dropper
    Forumite
    Dec 2013-registered car? Warranty has to be your first recourse before SOGA.

    But, yes, they do have the right under SOGA to repair. Only when they consistently fail to do so do you have the right to a replacement or refund.

    So far, in one month from the car first being taken to them, they've taken steps to identify an intermittent fault, which they hadn't experienced. They have experienced it now, but haven't yet diagnosed what's causing it. You have to give them a chance to fix it.

    When it's fixed, if you still don't want to drive the car, then you can sell it.
    As for your original purchase - you accepted the car seven-eight months ago. The fact a fault started to appear six months later does not change that.
  • forgotmyname
    forgotmyname Posts: 33,243
    Part of the Furniture 10,000 Posts Name Dropper
    Forumite
    Pedal sinking to the floor at random times? Possibly air in the ABS block.

    Only takes a small bubble to get trapped.
    Censorship Reigns Supreme in Troll City...

  • motorguy
    motorguy Posts: 22,650
    Part of the Furniture 10,000 Posts Name Dropper
    Forumite
    AdrianC wrote: »
    Dec 2013-registered car? Warranty has to be your first recourse before SOGA.

    But, yes, they do have the right under SOGA to repair. Only when they consistently fail to do so do you have the right to a replacement or refund.

    So far, in one month from the car first being taken to them, they've taken steps to identify an intermittent fault, which they hadn't experienced. They have experienced it now, but haven't yet diagnosed what's causing it. You have to give them a chance to fix it.

    When it's fixed, if you still don't want to drive the car, then you can sell it.
    As for your original purchase - you accepted the car seven-eight months ago. The fact a fault started to appear six months later does not change that.


    ^^^^^^^^^^

    This. Totally.
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