Used car on fire after one day!

Wobblehop

Hi - my husband bought a used car from a dealer on Sunday. A 60 plate Saab, paid nearly £6k on debit card then part exed his car for £1k.

Driving home from work the next day, the car set on fire on the motorway. Fire brigade called and car is a write off.

We have advised the dealership (independent not a big chain) that we wish to reject the car as not fit for purpose etc. Under the consumer rights act. The dealer keep telling us to claim on our insurance.

We have sent a letter today, reiterating the consumer rights act, but don't think it will get us very far.

Does anyone have any advice? What happens if they refuse? Should we take legal advice?

Thank you for reading!

neilmcl

Do you know what was the cause of the fire?

Wobblehop

No it was literally put out by the fire service then recovered off the motorway to a storage yard. It states in the consumer rights act that the retailer has to prove that the fault wasn't there when the product was sold (if we wish to reject it in the first 30 days which we have).

The retailer is asking us to go through our insurance then depending on the fault it may get referred to their insurance.

neilmcl

Sounds like you'll need to send them an LBA to get things rolling and if they don't play ball then the only option you have (other than insurance) is the small claims route.

Still it'll be in your interest to find out exactly why the car went up in flames.

wealdroam

Wobblehop wrote: »

It states in the consumer rights act that the retailer has to prove that the fault wasn't there when the product was sold (if we wish to reject it in the first 30 days which we have).

I am afraid you are wrong there.

If you wish to reject the goods as not conforming to contract during the first thirty days, otherwise known as the 'short term right to reject', then you need to prove that the thing doesn't conform to contract.

That should be easy in your case, unless you poured petrol over the back seat and set light to it.

Hintza

Give it to your insurer to sort out that is why you pay them and reiterate that you don't expect this to affect your premiums.

neilmcl

Hintza wrote: »

Give it to your insurer to sort out that is why you pay them and reiterate that you don't expect this to affect your premiums.

But of course it will though.

arcon5

So you don't know what caused the fire?
So why would the dealer refund a large sum of money without knowing this?

If it went to court a judge would want to know the cause, they're not just gonna award you blindly!

Keep_pedalling

Do you have the money to purchase a replacement, while you go through a long winded process to try and get your money back from the dealer? If not call your insurer.

Hintza

neilmcl wrote: »

But of course it will though.

Not if the insurer can land the issue on the dealer's insurance.

neilmcl

Hintza wrote: »

Not if the insurer can land the issue on the dealer's insurance.

Even if they can pursue a no-fault claim the likelihood is that premiums will rise.