Used dealership refusing rejection within 30 days.

Michelle2007

By that logic my wanting a refund is also a solution?

By solution I meant they wanted to replace the battery, I wanted a refund.
the best action that would suit us both would have been the solution. it isn’t just my job to succumb to a dealer when I don’t feel it is adequate, what would be the point replacing the battery if it is not the battery? They never said they’d look at the car and find the issue. They just wanted to swap the battery, that’s not a suitable solution to me. As it could give the car enough juice to work for a few a while before breaking down again for a bigger fault, yet again leaving me stuck without a Car.
If I wrote saying, alternator is failing would people still feel I should get it fixed rather than a refund? Even when the alternator could have effected other parts which could be more likely to fail sooner due to that?
But that wasn’t offered, they just wanted to swap out the battery, to me that seems strange, they were trying to force me to have it done to, surely they should have offered to collect the car a look at it first? They never did.

DUTR

Michelle2007 wrote: »

By that logic my wanting a refund is also a solution?

By solution I meant they wanted to replace the battery, I wanted a refund.
the best action that would suit us both would have been the solution. it isn’t just my job to succumb to a dealer when I don’t feel it is adequate, what would be the point replacing the battery if it is not the battery? They never said they’d look at the car and find the issue. They just wanted to swap the battery, that’s not a suitable solution to me. As it could give the car enough juice to work for a few a while before breaking down again for a bigger fault, yet again leaving me stuck without a Car.
If I wrote saying, alternator is failing would people still feel I should get it fixed rather than a refund? Even when the alternator could have effected other parts which could be more likely to fail sooner due to that?
But that wasn’t offered, they just wanted to swap out the battery, to me that seems strange, they were trying to force me to have it done to, surely they should have offered to collect the car a look at it first? They never did.

The battery replacement may solve all at present but you don't know as you are not giving them a chance to replace it, out of interest what other parts may a failing alternator affect?
There is little point in suggesting maybe this and maybe that, somewhere along the line you may have to accept you won't get a refund, you went to purchase a running vehicle and that is what they are endeavouring to do (if you give them a chance).
PS I searched for a thread hoping to find someone completing a successful refund, the thread I found the guy actioned it in November 2017 and it was partially resolved in July 2018, his next steps then were to obtain the money....that didn't look successful and he was talking of high court , 3rd party recovery etc.

unholyangel

The issue is that its not enough to prove the car had "faults". You need to prove it inherently failed to conform to contract.

An issue like this is unlikely to be a breach of description so you'd be reliant on proving that the goods failed to be of satisfactory quality. With satisfactory quality being what a reasonable person would regard as satisfactory taking into account the price and all other relevant circumstances (such as age, condition, mileage etc).

If it is the battery, I'm not quite sure the law would view that as failing to be of satisfactory quality on a 8 year old car.

Also, if you're writing a letter/notice before action/claim then the minimum time you should give for replying is 14 days in the most simple of matters and up to 3 months for more complex ones, in accordance with pre-action protocol.

forgotmyname

Garage could do better and the OP could do better it seems.

They should have offered to collect the car? Its an 8 year old car not a new one. Also you didn't seem to want to tell them where the car was.

You took it elsewhere instead of taking it back to them.

You have had diagnostic work done on the car and no mention of battery or alternator issues on that check. Could be, maybe or possibly is not the sort of terms you want in your claim against the garage. Not if you hope to see something back.

photome

If a new battery sorts the issues, i fear you you would lose if it goes to court

photome

What did your mechanic find yesterday

motorguy

Really irksome when people take their own time to respond to someones request for help and advice, and they cant be bothered taking the time to update the thread, which would maybe subsequently help others.