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Was sold a car by dealership with issues can I return ?

Purchased a car from a well known dealership ? From the second day I noticed an odd smell in the vents I thought it was fumes from the cars in front . Long story shorts two months In I decided to get the smell checked as no one could smell it but I felt I was going mad.

The car I purchased was a mercades a class , I got finance and even for the highest warrenty package as I wanted to be covered if anything went wrong .

So the machine looks he smells something straight away says there is excess oil dripping on the manifold and other things and a injector has gone he advised me not to drive the car due to carbon monoxide poising ( and I had be feeling sick , dizzy having headaches since I owned the car ) ,

So the warrenty people come out and look they don’t want to do the work because the believe the problems where present at purchase and the dealership don’t want to do the work because the faults could have been after purchase .

I believe the faults where present at purchase And this company saw me coming , they are considering fixing it but want to do it under warrenty now this is the next issues all the work added up to £1500 and they said once this work is done you are nearly exceeding you limit of £2000 so basically I would be keeping a car for the next 5 years with no warrenty I hardly think this is fair .

I had to go to hospital and have blood taken from the arteries I’m my wrist lucky at this point my bloods were normal I had been away from the fumes for a fair few hours now .

I don’t know what to do I feel I was sold a car
Not fit for purpose should I reject it I’ve had it 2 months ? Or get it fixed but because the company won’t accept responsibility it will come out of my warrenty and I won’t have none left 😩

Comments

  • The guys best placed to help you will be along shortly but they will want to know how old the car is?
  • foxy-stoat
    foxy-stoat Posts: 6,879 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper
    Your warranty is likely to be worthless anyway - if its £2000 limit for 5 years then it was a little pointless in the first place.

    You have to give the dealer 1 chance to repair the fault at their expense, not under warranty. If that doesnt sort it then you can reject it.

    I would take a friendly mechanic from your normal trusted garage with you when you drop the car off and collect once its repaired, just so they can check what they have done to rectify the fault.

    Be clear what the faults are though.

    Not 100% sold on the carbon monoxide poising though as that gas has no smell or taste - burnt oil is probably the smell or diesel/petrol fumes but if the petrol injector wast leaking it would of caught fire by now so assume you have a diesel car.

    Good luck and report back.
  • The car is 2014 plate
  • Still waiting on a reply from the warrenty , my issue is I have lost all faith in this company I do not want them doing the work on the car and it’s costing me because of the issues the mechanic advises the car will need a service which they will not pay for .
  • Tilt
    Tilt Posts: 3,599 Forumite
    Ladykix wrote: »
    Still waiting on a reply from the warrenty , my issue is I have lost all faith in this company I do not want them doing the work on the car and it’s costing me because of the issues the mechanic advises the car will need a service which they will not pay for .

    Why are you waiting for a reply from the warranty company? You issue should be sorted out by the seller! The warranty is merely an extension to your statutory rights under the Consumer Protection act (formally the Sales of Goods Act).

    You return the vehicle to the seller asking him to rectify it. It's up to him how he funds the repair, not you.
    PLEASE NOTE
    My advice should be used as guidance only. You should always obtain face to face professional advice before taking any action.
  • foxy-stoat
    foxy-stoat Posts: 6,879 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper
    Ladykix wrote: »
    Still waiting on a reply from the warrenty , my issue is I have lost all faith in this company I do not want them doing the work on the car and it’s costing me because of the issues the mechanic advises the car will need a service which they will not pay for .

    You have to give the supplying dealer for their one chance to fix it before you can reject.

    Lose faith in the dealer if they cannot repair it, then reject it formally and find another car.
  • neilmcl
    neilmcl Posts: 19,460 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    foxy-stoat wrote: »
    You have to give the supplying dealer for their one chance to fix it before you can reject.

    Lose faith in the dealer if they cannot repair it, then reject it formally and find another car.
    No, not within the first 30 days you don't.
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    neilmcl wrote: »
    No, not within the first 30 days you don't.
    The OP had had the car for two months before first raising the issue, so - yes - they do in this case.



    The supplier are fixing the issue. The question is over whether this is a warranty issue (which the OP does not want it to be, because of the claim cap on the warranty), or whether it's a consumer rights issue (which the supplier deny).

    The only way this is going to be resolved is by one of them giving way.
    If the OP pays, then they can take the supplier to court for reimbursement if they believe it's a consumer right question. If they then lose that case, the warranty company will almost certainly not retrospectively cover the claim.
  • neilmcl
    neilmcl Posts: 19,460 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    AdrianC wrote: »
    The OP had had the car for two months before first raising the issue, so - yes - they do in this case.
    Oops, missed that :o. This is what you get for skim reading posts. Apologies.
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