Faulty car from Evans Halshaw

Laura2353

August 2019 I purchased a used car (2016 plate) from Evans Halshaw on finance. In October I noticed a leak on the car and contacted the garage immediately. They booked the car in for some tests and attempted to fix the problem.
The car has been at the garage twice now for the same issue, each time they have the car for one day to carry out tests then booked in at a later date to fix the problem.
The car is still not fixed and is due to be taken to the garage next week for further testing.
My question is what are my options of they cannot fix the fault? I have not been charged for any of the work carried out or for the use of a loan car but getting to the garage is a 40 mile round trip and I'm having to take time off work to take it in.
Can I refuse the car as they have already had a chance to fix the problem and if I refuse the car am I entitled to a full refund?

Thanks for any help.

RealBobbyDazzler

When you say a leak.. is it oil/gearbox oil or water? You need to find more information on the issue or the source of the leak - It'll be something that can be fixed..

Are you sure it's not water from a/c condensation or anything like that?

Laura2353

Sorry, it's a water leak with water pooling in the back passenger footwell.
They replaced the door seals the first time they had the car. The second time they lifted the carpets to to do something but never explained fully what it was.

giraffe69

Even if you can end up refusing the car you won't get a complete refund as they can charge for the usage you have had. Presumably the car is older and had done more miles so probably not worth quite as much as it was.

foxy-stoat

Laura2353 wrote: »

Sorry, it's a water leak with water pooling in the back passenger footwell.
They replaced the door seals the first time they had the car. The second time they lifted the carpets to to do something but never explained fully what it was.

Reject it now, they get 1 chance to fix the fault, if they cannot you can hand it back.

Laura2353

Sorry, I worded my original post poorly. I would not expect a full refund, more so wondering whether I would be expected to cover the shortfall in my finance if there was any or would the finance be written off as the fault has not been caused by myself.

I had not realised I only needed to give them one chance to fix the problem. I will contact them later and see what options they give me.

Thanks!

foxy-stoat

Laura2353 wrote: »

Sorry, I worded my original post poorly. I would not expect a full refund, more so wondering whether I would be expected to cover the shortfall in my finance if there was any or would the finance be written off as the fault has not been caused by myself.

I had not realised I only needed to give them one chance to fix the problem. I will contact them later and see what options they give me.

Thanks!

They should give you options, you should be telling them that as they haven't managed to fix the fault that was already there when you bought it you will reject the car. Google search "rejecting used car SOGA". They may make a deduction for the fair use of the car for the 5 months you have driven it but as you have made some payments already you shouldnt have to pay anything more, may get some money back.

You should stop using the car now and look for another to replace it.

m0bov

Unlikely you can just reject after 5 months.

I'd suggest writing to them and giving them one last attempt before you book it into a local dealer and claim the repair costs back.

DoaM

m0bov wrote: »

Unlikely you can just reject after 5 months.

The I suggest you read the Consumer Rights Act 2015 to become better informed. As the seller has had (at least) one opportunity to make the goods conform to contract, and the goods still don't conform, then the consumer can exercise their Final Right To Reject.

Within 6 months from purchase then any refund must be in full ... however there's an exception for some goods, including vehicles, where a small reduction in the refund can be made to account for the additional wear/miles that have been put on it. The refund should still be such that the OP is not out of pocket vs the finance agreement, based on payments already made.

Laura2353

EH said the finance could not be cancelled until 50% of it had been paid.
They were willing to offer me a different car at the value of the equity in my current car.
I have contacted the finance company directly and logged a complaint - they are going to contact the dealership and get back to me.

Here's hoping something gets sorted out quickly.

Mercdriver

Laura2353 wrote: »

EH said the finance could not be cancelled until 50% of it had been paid.
They were willing to offer me a different car at the value of the equity in my current car.
I have contacted the finance company directly and logged a complaint - they are going to contact the dealership and get back to me.

Here's hoping something gets sorted out quickly.

The finance house would have to agree to the swap if they are suggesting keeping the same credit agreement. The difficulties arise if there is a new agreement with a whole new credit check, you could potentially be left with no car iif they were to decline or pay an inferior rate of interest