Faulty Used Car Refund.

mikeymatteo

It is now time to pick the car up... Is the choice his on a refund or repair or mine?
I want a refund, can he refuse? Based on the fact it was not fit for purpose when sold.

I understand I cannot ask him for the cost of the emergency repair but I am entitled to lost wages from being stranded and the extra site fees we incurred?

My time to investigate my legal options are now up and i have to make a decision.

Thanks.

burlington6

mikeymatteo wrote: »

It is now time to pick the car up... Is the choice his on a refund or repair or mine?
I want a refund, can he refuse? Based on the fact it was not fit for purpose when sold.

I understand I cannot ask him for the cost of the emergency repair but I am entitled to lost wages from being stranded and the extra site fees we incurred?

My time to investigate my legal options are now up and i have to make a decision.

Thanks.

It is up to him to repair or refund, not you.

The issue of lost wages is a no go in my eyes......but there are some on here who might say different

mikeymatteo

I just don't understand how he can sell me a dodgy car causing me to loose £200 wages, £100 in extra fees where i was stranded, a LOT of stress and worry.

Then to repair the car on the cheap (i have been told by renault that this fault requires many parts to be replaced, he has replaced just one)

by not doing the full repair means it is almost certain that i will incurr more repair costs for the car in the near future as those unchanged parts begin to fail.

How is any of that legal?

shaun_from_Africa

burlington6 wrote: »

It is up to him to repair or refund, not you.

That is incorrect.
If goods are faulty at the time of sale (or go faulty shortly afterwards before the buyer has legally accepted them), then the buyer has the legal right of rejection and does not have to accept a repair or replacement.

wiltsguy_2

if that engine has been running low on oil i would not want it back. The dealer does seem to be playing ball with you though in getting it repaired, and he may of genuinley not known about the bodge carried out on the engine.

If you really dont want it back tell him so, if it's now repaired and the dealer is happy with the repair he has carried out-he can re-sell it can't he?

If he doesnt want to issue you a refund, does he have any other cars you like of similar value?

As for compo? That maybe a struggle/legal battle for later on if he doesnt want to give you any.

mikeymatteo

I have just emailed him to say. I want a refund because the vehicle was faulty at the time of sale. regardless of whether he knew about it or not.

I have said if he does refund the cost of the car then i will not persue for damages.

bod1467

OP says the issue first arose "a few days after purchase" ... whether "acceptance" has occurred may be a bit of a grey area in this case.

wiltsguy_2

mikeymatteo wrote: »

I have just emailed him to say. I want a refund because the vehicle was faulty at the time of sale. regardless of whether he knew about it or not.

I have said if he does refund the cost of the car then i will not persue for damages.

ok good luck, hopefully he will do the right thing.

shaun_from_Africa

bod1467 wrote: »

OP says the issue first arose "a few days after purchase" ... whether "acceptance" has occurred may be a bit of a grey area in this case.

Even though the OP only noticed the fault a few days after purchase, the fault was obviously present at the time of sale due to the bodged attempt to correct it, an attempt that took place prior to purchase.
Whether or not the dealer was aware of this doesn't matter as they should have ensured that the car was in a fit state when sold.

Personally, I don't think a few days would be long enough to class as a reasonable time to examine and test something as complex as a motor vehicle and even Trading Standards seem to think that an approximate time for any goods should be more than a few days.

You will only be entitled to a [FONT=Arial,Arial][FONT=Arial,Arial]refund [/FONT][/FONT]if you have "rejected" the goods within a reasonable period of time. What is a reasonable time depends on individual circumstances but it may be as little as a week or so. If you leave it too long,
then you will only be entitled to damages. Usually, this means a [FONT=Arial,Arial][FONT=Arial,Arial]repair[/FONT][/FONT].

http://www.lewisham.gov.uk/myservices/business/trading-standards/Documents/TradingStandardsFactSheet02.pdf

bod1467

And that's why I throw in such "patsy" questions ... so OP can get correct information.