Car nightmare...where do i stand?

JinderSongwriter

Hi all,
My partner and I bought a Mitsubishi Grandis diesel 7-seater from a dealer on 1st Feb this year, it’s a 2007 car with 120,000 miles on the clock, in good order appearance wise and seemed up together. It came with a theee month warranty and (including trade in) we paid £2250 for it.

Unfortunately, it’s given us nothing but grief. Initially it started going into “limp mode” when accelerating up hills, so we called the dealer and let him know, and he asked us to find a garage local to us and have the problem diagnosed, as he is 1hr 45mins from us. We found a local garage who diagnosed a blown turbo, but the dealer was insistent that he didn’t want to pay for a new turbo and we had to find someone who would replace the turbo core instead, which proved impossible so we were left with no option but to return the car to him for repair.

Initially his repair guy told us the intercooler was faulty, so this was changed and didn’t cure the problem. We were then told that the EGR valve was the culprit, but this didn’t cure the problem either. Eventually we were told that the entire turbo needed replacement as the wastegate was broken and stuck shut, which was causing a massive overboost and splitting boost pipes etc.

At this point we had driven the 3.5hr round trip to the dealer’s garage many times (always in two cars) and were very tired of the entire rigmarole. We’re a large family and finding childcare for our four kids so we could do the epic journeys to and fro has been a nightmare, as our Grandis is the only 7 seater we have.

After the turbo was replaced we had arranged childcare so we could go to pick it up again, only to be told that there had been a problem with the turbo fitting and the car now had an oil leak, so would have to stay longer with the mechanic to sort this out. At this point our patience ran out and we insisted that the dealer arrange delivery for the car, which he did, but the car arrived back with us with oily fingerprints everywhere and the mechanic’s dirty plastic slipcover for the driver’s seat screwed up on the back seat. The guy who delivered the car back also complained to us about it being a last minute arrangement and that he had missed his train back due to traffic.

We’re now four days later and the car is making a horrible shrieking noise from the turbo under acceleration, and we’re totally at the end of our tether. We’ve been without the car that we spent a good deal of money buying for nearly half the time that we’ve owned it, and it’s STILL not right.

We’ve asked the dealer to take the car back and give us a full refund, but he’s refusing to do so, saying “well I’ve tried to fix it, i don’t know what to tell you” and saying that our request for a refund won’t stand up in court, and that he wants us to take the car to a garage local to us (AGAIN!) to have the problem diagnosed. We just want to step off this hellish merry-go-round and get rid of the horrid thing, and we feel like we’ve been unfairly treated.

Where do we stand on all of this? Can anyone advise us on whether we can press him for a refund or are we stuck with the car?

Thanks in advance for any advice!
Phil

Spartan_Saver

Hi

Sorry to hear this. Sounds like a nightmare.

If you paid with your credit card you will have protection under section 75. If you paid cash then it will be more difficult. This forum is very helpful so I'm sure people will be offering you some good practical advise. Hang in there Phil.

m0bov

Take the car back, with a letter formally rejecting the car. Give him 7 days to refund you.

motorguy

m0bov wrote: »

Take the car back, with a letter formally rejecting the car. Give him 7 days to refund you.

Great. And what happens when the dealer refuses to refund?

AdrianC

JinderSongwriter wrote: »

My partner and I bought a Mitsubishi Grandis diesel 7-seater from a dealer on 1st Feb this year, it!!!8217;s a 2007 car with 120,000 miles on the clock, in good order appearance wise and seemed up together. It came with a theee month warranty and (including trade in) we paid £2250 for it.

So a £2k 11yo 120k vehicle...

Initially it started going into !!!8220;limp mode!!!8221; when accelerating up hills, so we called the dealer and let him know, and he asked us to find a garage local to us and have the problem diagnosed

Was this within 30 days of purchase?


This is very relevant.

as he is 1hr 45mins from us.

You chose to buy from a supplier that far away.

At this point we had driven the 3.5hr round trip to the dealer!!!8217;s garage many times (always in two cars) and were very tired of the entire rigmarole. We!!!8217;re a large family and finding childcare for our four kids so we could do the epic journeys to and fro has been a nightmare, as our Grandis is the only 7 seater we have.

None of which is the dealer's problem.

After the turbo was replaced we had arranged childcare so we could go to pick it up again, only to be told that there had been a problem with the turbo fitting and the car now had an oil leak, so would have to stay longer with the mechanic to sort this out. At this point our patience ran out and we insisted that the dealer arrange delivery for the car, which he did

Good for him, since he did not have to.

but the car arrived back with us with oily fingerprints everywhere

External or internal?

and the mechanic!!!8217;s dirty plastic slipcover for the driver!!!8217;s seat screwed up on the back seat. The guy who delivered the car back also complained to us about it being a last minute arrangement and that he had missed his train back due to traffic.

Neither of which are really relevant to anything, are they? A bit of plastic that it'll take you seconds to bin, and a whinger. Woo.

We!!!8217;ve asked the dealer to take the car back and give us a full refund, but he!!!8217;s refusing to do so, saying !!!8220;well I!!!8217;ve tried to fix it, i don!!!8217;t know what to tell you!!!8221; and saying that our request for a refund won!!!8217;t stand up in court, and that he wants us to take the car to a garage local to us (AGAIN!) to have the problem diagnosed. We just want to step off this hellish merry-go-round and get rid of the horrid thing, and we feel like we!!!8217;ve been unfairly treated.
Where do we stand on all of this? Can anyone advise us on whether we can press him for a refund or are we stuck with the car?

Your legal rights are that you can get a refund for faults found within 30 days, but the dealer has a right to repair outside that time. BUT this is for faults which are not reasonably to be expected on a vehicle of that age/mileage/apparent condition. Basically, if the vehicle had been yours from new, would it be reasonable to expect those faults? After 11yrs and 120k miles, it's hard to say that it's unreasonable to expect...

If he refuses to refund, you physically return the vehicle, then take him to court for the money.

System

motorguy wrote: »

Great. And what happens when the dealer refuses to refund?

File a claim at County Court. You can do it online.

JinderSongwriter

Thanks for your thoughts, all, we really appreciate you taking the time to reply!

To answer a few questions/topics that have been mentioned:

The limp mode fault was reported to the dealer within a couple of days of owning the car, as it occurred the first time we drove it after getting it home.

The oily fingerprints when the car was returned to us were both inside (driver!!!8217;s door trim, door handle, steering wheel, gearstick and dash) and external (bonnet, bumper, door, door handle). The external stuff is to be expected and easy to rectify but time spent scrubbing oily mess (or as much of it as possible) off the inside of a car that was pristine when it was dropped off is less than ideal. The driver!!!8217;s footwell was also very muddy, which it wasn!!!8217;t when we dropped it off.

The car was paid for by bank transfer.

Yes, the fact the delivery guy was rude and made us feel like we!!!8217;d p*ssed on his chips isn!!!8217;t strictly relevant to the situation, but it!!!8217;s yet more negativity that has been brought into our lives by the people who we purchased the car from.

Yes, it!!!8217;s an 11yo £2.2k car, which might not represent a huge amount of money to many, but to us, as a large family who subsist on my income as a touring musician, it!!!8217;s at the top of our budget, hence the need for it to be right.

What is the likelihood of winning a county court case in this situation? Are they likely to find in favour of the consumer if he refuses to refund?

AdrianC

JinderSongwriter wrote: »

The limp mode fault was reported to the dealer within a couple of days of owning the car, as it occurred the first time we drove it after getting it home.

That's very much in your favour.

Yes, it!!!8217;s an 11yo £2.2k car, which might not represent a huge amount of money to many, but to us, as a large family who subsist on my income as a touring musician, it!!!8217;s at the top of our budget, hence the need for it to be right.

I understand and sympathise, but it's not directly relevant to your consumer rights. Whether you can afford a better/newer/more expensive car doesn't change the reality of what is to be expected from a leggy old shed at the bargain-bucket end of the market - which is what a £2k 7-seater from a trader is.

What is the likelihood of winning a county court case in this situation? Are they likely to find in favour of the consumer if he refuses to refund?

It's up to you to decide if you think it worth trying. The fact that he's accepted that there is an issue, and has spent so much time/effort/money on rectification attempts is also on your side. You have a good chance, but it's not necessarily open-and-shut.

peter12345678910

You Seem to have gone out of your way to get this car, did you want this car or was it the 7 seated bit that was on your mind. Turbo is what usually gives up and probably why the car was sold, now you only have dpf to worry about, I would do a bit more research check it's mot history and service log book if the fuel filter has been changed etc. Personally I would have paid less for a older petrol version without turbo and just pay the higher tax.

In my humble opinion you should weigh out the positive and negatives. Are you still going in limp mode?

JinderSongwriter

Yeah the 7 seat aspect was what we were looking for-we have four kids so are pretty much tied to the 7 seat format if we want to do anything as a family in one car.

The car isn!!!8217;t going into limp mode at the moment but is making a horrible howling noise, similar to the sound it was making immediately prior to going into limp mode. When the problem initially reared its head, my partner had all four kids in the car and it went into limp mode abruptly on a hill, suddenly lost speed and was very nearly rear ended by an articulated lorry, so she is very nervous about driving it as it still isn!!!8217;t right.

I like the car and it drives well, we just want it to be right.

arcon5

Legally I think you have a strong case for a refund. Practically you may be better off telling them they have one more chance to fix it before you expect a refund. Might focus them in to sorting it out