HELP car warranty issue

ClaireR80

Please can someone help me.
We bought a car from a small dealership which broke down after 2 weeks. It was sold with a 3 month warranty so we contacted them and we were advised to take it to a local garage to find out what the issue was.  After inspection the garage advised the big ends had gone. The car was collected and taken to a garage the dealership uses for an engine rebuild.  After months they confirmed it would need a new engine. We are now 9 months down the line and the car is still not running!!!! My husband has almost had a breakdown with the stress.  The dealer has now offered us a different car but an additional fee, after haggling we agreed £1000 however they are now asking for £1500.  I have been to citizens advice and we are at the stage of solicitors however my home insurance won't cover the cost and we can't afford to pay for one.  I just feel like we have no rights and don't know what to do.

the_lunatic_is_in_my_head

If they fail to repair the car (or replace with something agreeable at no cost to you or have repaired once but there is still a problem) within a reasonable time you have the right to reject for a refund.

The refund can be reduced to account for ownership.

There shouldn’t be a need to spend money on solicitors, send a letter before action (templates on Google) and then look at small claims if still not resolved.

Ergates

Time of ownership (for any reduction in refund) would not include the time it's spent in the garage - i.e. just the 2 weeks it was working.

ClaireR80

I have already sent the action letter which is why they agreed to try and fix the car. They are refusing to give a refund so I don't know how to enforce this without solicitors.  The car cost £24k so can't use small claims court. Thank you for replying

diystarter7

"after months"? Why did you allow it to drag on for so long?

ClaireR80

It's an American car and we were told there was issues with having parts delivered and then they kept promising the car was ready only at the last minute to say it wasn't. 

MarvinDay

Ergates said:

Time of ownership (for any reduction in refund) would not include the time it's spent in the garage - i.e. just the 2 weeks it was working.

As the clock stops when the fault is first reported, the vehicle should be getting rejected under the CRA short term right of rejection (up to 30 days) and when that applies, the refund given must be the full price paid with no deduction for usage.
It's only when the final right of rejection is used that a deduction for usage can be levied on motor vehicles.

sheramber

How did you pay?

ClaireR80

Bank transfer.
They are refusing to refund us. I am going to contact the motor ombudsman on Monday and pray they can help me.

ClaireR80

I've just spoken to the motor ombudsman and they can't help as the dealership isn't registered with them and they've sent me back to citizens advice. I just don't know what to do as the dealer is refusing to refund us and I can't afford to pay for a solicitor.  Is there anything else I can do. 

Ectophile

If you want the money back, you're going to have to find the money to afford a solicitor. It should be a lot less than £24k.