HELP car warranty issue

Aylesbury_Duck

ClaireR80 said:

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.

Sounds like an economic decision:

1. find the money to speak to a solicitor who may be able to help you get a refund, but there's no certainty of one.
2. pay the £1500 to get a replacement car and the matter is done with.

Personally, I'd be choosing option 2.  You're effectively getting a refund for the broken car and the certainty of a replacement.  Option 1 has unknown cost and uncertain outcome.

Harsh question, but have you made a bad decision buying a £24k car if you can't afford a few hundred pounds for legal fees?  What would you have done if the car needed a new clutch, for example?  If you do elect for option 2, maybe the best bet is to then sell the newer car and buy a cheaper one, giving you some funds to cover inevitable wear and tear, running costs, etc.

pinkshoes

ClaireR80 said:

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

WHEN did you send the letter before action? What exactly did it say?

I would be sending another letter, stating that as they have been unable to repair the car within a timely manner, you are now rejecting the car as per your rights under the Consumer Rights Act 2015, and therefore they have 14 days to refund you £24,000 in full. If no payment is received within 14 days then you will be starting the court proceedings where they will then become liable for all court fees and costs.

You can then start the claim online. Court fees (as it's over £10k) will be 5%. I believe you can get some help with these initially but the garage would then pay. You might want to outline this in your letter. 

https://www.gov.uk/make-court-claim-for-money/make-claim

diystarter7

Aylesbury_Duck said:

ClaireR80 said:

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.

Sounds like an economic decision:

1. find the money to speak to a solicitor who may be able to help you get a refund, but there's no certainty of one.
2. pay the £1500 to get a replacement car and the matter is done with.

Personally, I'd be choosing option 2.  You're effectively getting a refund for the broken car and the certainty of a replacement.  Option 1 has unknown cost and uncertain outcome.

Harsh question, but have you made a bad decision buying a £24k car if you can't afford a few hundred pounds for legal fees?  What would you have done if the car needed a new clutch, for example?  If you do elect for option 2, maybe the best bet is to then sell the newer car and buy a cheaper one, giving you some funds to cover inevitable wear and tear, running costs, etc.

Great post. Option two, get it over and done with and put it down to experience.

ClaireR80

We were quoted minimum of £2k then 200 per hour by a solicitor with no guarantee of ever seeing our money. 

Gycraig

ClaireR80 said:

We were quoted minimum of £2k then 200 per hour by a solicitor with no guarantee of ever seeing our money. 

It’s not right but honestly just pay the the money to the garage, move on with your life and slam them on social media 

visidigi

Gycraig said:

ClaireR80 said:

We were quoted minimum of £2k then 200 per hour by a solicitor with no guarantee of ever seeing our money. 

It’s not right but honestly just pay the the money to the garage, move on with your life and slam them on social media 

Whats to say the problem doesn't reoccur with the replacement car?

I would be pushing the legal route, there's a real risk that a replacement could be good money after bad.

ClaireR80

That is something I'm worried about but we are going to have the replacement car checked out by a mechanic we trust.

m0bov

The dealer won't take any notice of another mechanic, you really are best to reject this car.

visidigi

ClaireR80 said:

That is something I'm worried about but we are going to have the replacement car checked out by a mechanic we trust.

I would get out of this dealer asap.