Used car from dealer fault advice please!

tambini87

Hi everyone, i really in need of advice for a problem with a used car i bought from a dealer only yesterday!!

Yesterday afternoon i bought a used car (paid all up front), the vehicle is 5 years old and low mileage. The car had no reported problems, i asked all the questions, been in no accidents etc.

As i drove off i noticed the car (when in a low gear) was very juddery, the engine noise is clunky. The exhaust is blowing and twice turning on the ignition the engine cuts on. I bought the car at 5pm and the same evening. So i drive home thinking at first maybe if the car has been idle it just needs to run.

My situation is i don't want a car which was sold as no faults to have faults straight away so i want to return the car and get a refund.

I phoned the dealer an hour after it was purchased and a sales person explained i need to speak to the sales manager this morning. Ok fair enough, so i rang and spoke to him this morning. He said he understands my concern but i have to speak to the area manager who can decide.The area manager is back in on Monday so i have to wait.

However one concern is the sales manager said the dealer has 3 attempts to fix a fault. But i don't want to have a car which was sold without issues so i just want a refund as i feel ive been missold.

What is my rights on this? Reading online i think i should be entitled to get a refund?

glentoran99

They have a right to attempt repair first.

tambini87

But the Consumer Act of 2015 says:
The Act states the car must be “of a satisfactory quality”, “fit for purpose” and “as described”. (For a used car, “satisfactory quality” takes into account the car’s age and mileage.)
You have a right to reject something faulty and you are entitled to a full refund within 30 days of purchase in most cases.


I feel the car isn't of satisfactory quality and not as describe.


My concern is the fault may lead onto other problems in the future.

neilmcl

glentoran99 wrote: »

They have a right to attempt repair first.

No they don't!

Tambini87, given the time scale of this, under the Consumer Rights Act you have 30 days in which you can reject the vehicle for a refund as long as you can show the fault was there at purchase, which in this case is pretty obvious. Reject the car.

As an aside, the CRA also states that in the event of a repair you would only have to give them one opportunity at this, so again the salesman is talking rubbish.

tambini87

neilmcl wrote: »

No they don't!

Tambini87, given the time scale of this, under the Consumer Rights Act you have 30 days in which you can reject the vehicle for a refund as long as you can show the fault was there at purchase, which in this case is pretty obvious. Reject the car.

As an aside, the CRA also states that in the event of a repair you would only have to give them one opportunity at this, so again the salesman is talking rubbish.

I hope your right but i appriciate everyone comments on this matter.

The sales manager did offer to look at the car today but im unable to make it there. However i want to speak to area manager first before any action takes place because the people ive been speaking to don't seem to know where 'they' or where 'i' stand on this matter.

So I'd like to know on Monday if the area manager offer to repair the vehicle. Can i reject that and ask for a refund?

loskie

Just reject it, even if fixed it will constantly worry you. Why should you put up with the hassle. Write a formal letter of rejection with a clear expectation of being put back in the state you were pre purchase and leave the car with the dealer.
Don't be greedy and ask for compensation etc.

glentoran99

Its not as easy as that though, Dealer may refuse to accept the rejection, then where do you go? If its not a big issue it may be easier to get it repaired and save yourself a lot of hassle

Mercdriver

glentoran99 wrote: »

Its not as easy as that though, Dealer may refuse to accept the rejection, then where do you go? If its not a big issue it may be easier to get it repaired and save yourself a lot of hassle

Legally it is that simple. The car was showing faults on the day of purchase so dealer cannot argue that the faults weren't present at time of purchase. OP can give them an opportunity to repair if he so chooses, but in this instance, I would be quoting CRA and saying no thanks, I'll have my money back please.

It could easily be a niggly problem that never quite goes away.

glentoran99

Mercdriver wrote: »

Legally it is that simple. The car was showing faults on the day of purchase so dealer cannot argue that the faults weren't present at time of purchase. OP can give them an opportunity to repair if he so chooses, but in this instance, I would be quoting CRA and saying no thanks, I'll have my money back please.

It could easily be a niggly problem that never quite goes away.

Whats legal and what happens in the real life isn't always as simple as that.


You walk into the dealer and the refuse to take the car back and stick with the repair option what do you do then?




Legally I was entitled to flight delay compensation, no matter how many quotes of the law I gave them they still refused. I had to go to court, like many others, so If the problem can be easily fixed they OP has to ask themselves are they prepared for the hassle if the dealer doesn't play ball

wongataa

OP, next time test drive potential cars before buying so you have an opportunity to spot such issues before spending any money.

GrumpyDil

I've not had the best experiences with legal matters having spent a lot on a legal dispute which I won just before going to court but didn't recover costs on so am very wary of risking going to court but in this case it looks very clear cut so I'd go for the refund and not allow a repair.