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Bought faulty used and approved car

in Motoring
22 replies 2.4K views
I Bought a £14k approved car on 31/07/15 that had done 9000 miles. Reported initial problem with car 18/08/15 (Gearbox). Garage has undertaken extensive work to the vehicle and every time it has been returned their are still apparent faults.
I asked for initial refund due to being sold a product of unsatisfactory quality on 05/11/15 - dealership refused and offered me £2000 less price paid despite the vehicle being in their garage all that time.
Problems continued - Last time the vehicle was in the garage was 01/09/16 and was once again returned faulty. Again asked for refund and I have provided the dealership sufficient time to rectify problems. They have now offered £2850 less the asking price after speaking to a ADR who has offered no real advice. The car has not been able to be driven since 01/09/16 the date I started communication with the ADR. In total I drove the car for 3500 miles whilst being faulty. This has caused me major stress since day of purchase, never been of satisfactory quality and I have been forced to purchase another vehicle.
The ADR's only advice is this is for a claim over £10k and if it was to go to court the losing party would have to pay the others costs
Between the date of purchase 31/07/15 and 01/09/16 the vehicle was in the dealership garage to be repaired for 127 days.

I paid in total £8216.15 + 5500 + Plus 10 months interest payment at £86.35 as 2 months were refunded –TOTAL PAID £14,784.03. All I am asking is for my money back. I have paid the finance off and now fully own the vehicle.

They did provide a courtesy car, however I have never been able to enjoy the vehicle I purchased.

Does anyone have any similar experience/advice?
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Replies

  • What sum have they offered you?

    You're not going to get a full refund in court as you have had use of the car.
  • Currently offered £11,150.00

    The car has never been of satisfactory quality and is still not fixed. They kept returning a faulty car telling me it was fixed. In April I just put up with the noise for a while but the problem got worse and had to be returned once again.
  • neilmclneilmcl Forumite
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    After 30 days from purchase you'll no longer be entitled to a full refund for motor vehicles. They are allowed to deduct an amount to take into account your usage.
  • 127 days is four months, you have owned the car for sixteen months. During that time you have had use of a car, albeit not as good as yours, and with all the aggravation attached too. I suspect that £11,150 is about the right price for a car purchased for £14000 16 months previously, hence it is a fair offer.

    In my view what you need to claim for is a proportion of the £2850 depreciation over your time of ownership for lack of an equivalent vehicle. This is your only quantifiable loss as far as I can see.

    An alternative approach is to park the car outside the garage on a busy weekend with a large sign detailing factually your experience with the dealer. That might produce a better offer.
  • I gave the dealership every opportunity to rectify the problems. Since the first of the 01/09/16 I have lodged with a Alternative Dispute Service and have been waiting their advices and replies from the dealership which are not very forthcoming and having to wait every 21 days or so for a reply.

    I like the idea of leaving outside the dealership though :T
  • neilmclneilmcl Forumite
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    harrys_dad wrote: »
    127 days is four months, you have owned the car for sixteen months. During that time you have had use of a car, albeit not as good as yours, and with all the aggravation attached too. I suspect that £11,150 is about the right price for a car purchased for £14000 16 months previously, hence it is a fair offer.

    In my view what you need to claim for is a proportion of the £2850 depreciation over your time of ownership for lack of an equivalent vehicle. This is your only quantifiable loss as far as I can see.

    An alternative approach is to park the car outside the garage on a busy weekend with a large sign detailing factually your experience with the dealer. That might produce a better offer.
    I misread the op and incorrectly thought he purchased the car in Aug this year not 2015. In which case OP I think their offer is actually quite fair given you've had a good 12 months normal usage out of the car.
  • neilmclneilmcl Forumite
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    gilberto wrote: »
    Do what this man did to his hundred grand BMW M6 outside the BMW main dealer:
    http://metro.co.uk/2013/09/16/man-smashes-up-his-own-100000-bmw-m6-with-a-sledgehammer-in-protest-about-cars-reliability-4029028/
    What is the make and model of your car? The BMW M6 is pretty much all show no go, just paying for the badge.
    Please stop spouting your nonsense on every thread you come across! I'm sure the OP doesn't care about your opinion with regards the BMW M6.
  • I have not had any normal usage out of the car it has never been fully fixed or in satisfactory condition
  • George_MichaelGeorge_Michael Forumite
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    samdonone wrote: »
    I have not had any normal usage out of the car it has never been fully fixed or in satisfactory condition
    But you have still driven it for 3500 miles and had the use of a courtesy car whilst the one in question was back at the garage.

    Because of this, I think that it is extremely unlikely that any court would order the dealer to give you a full refund of the amount you paid.
    It might be worth contacting the dealer again and asking if they will improve on their offer of a refund minus £2850.
  • AdrianCAdrianC Forumite
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    neilmcl wrote: »
    After 30 days from purchase you'll no longer be entitled to a full refund for motor vehicles. They are allowed to deduct an amount to take into account your usage.
    And the OP's purchase predates the Consumer Rights Act anyway - so it's SOGA rights. And that was about the biggest change between the two...

    It's true that the amount is too big for small claims, so there's a risk of costs being much greater and landing in the loser's lap. This has been dragging on for a year and a half - how many miles have you done total, between the faulty car and courtesy cars, in that time?

    TBH, I'd take what's on the table, and be glad to walk away right now, if t'were me. But I wouldn't have let it drag on this long.
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