Second hand car help

Stacey878

Hello
I need some help/ advice, I brought a second hand car from a garage, we agreed with the garage we would get the service done and they took the money for the service off. The garage who done the service told us they think radweld has been used but so far looked ok, in the first 2 weeks of owning this car the engine over heated and a glow plug flew out meaning my car had to be towed to a garage that garage couldn’t fix it so put a bolt in it (the garage we brought it from was informed about all of this) 
We then took it back to where we brought it from as the diagnostics couldn’t be read, they say they sorted this and they repaired the glow plug, driving it home and the engine over heated again and coolant was then very low, took it back to where we brought it from again today who has said they will get their mechanic again to look over the car, we want a refund but he said it’s not as easy as that and they will speak to us in a few days. Where do we stand with this?
thankyou 

fatbelly

Are you still within 30 days?

If you bought your car after 01 October 2015, the Consumer Rights Act 2015 applies. This means that, when you buy the vehicle, it has to be of satisfactory quality, fit for purpose and as described.

Within the first 30 days, if there’s a problem that means your car doesn’t meet these standards, it develops a serious fault or you find that it isn’t what was advertised to you, you can raise this with the seller and ask for your money back. In this instance, you will be entitled to a full refund.

If you report the problem outside of the first 30 days, you have to give the selling dealership or garage one opportunity to repair or replace your car, with repair normally being the best option.

 From https://www.themotorombudsman.org/knowledge-base/what-is-the-consumer-rights-act

Stacey878

We first reported problems 2 weeks after buying the car, the car was taken back after 3weeks collected the car yesterday and have taken it back to them today as the engine over heated on the way home, we are now at day 30 today. He is saying that he will let us know but is clear he doesn’t want to give us our money back as when we asked for a refund today he said it doesn’t work like that.

pinkshoes

Stacey878 said:

We first reported problems 2 weeks after buying the car, the car was taken back after 3weeks collected the car yesterday and have taken it back to them today as the engine over heated on the way home, we are now at day 30 today. He is saying that he will let us know but is clear he doesn’t want to give us our money back as when we asked for a refund today he said it doesn’t work like that.

In which case put it in writing NOW (email) that under CRA 2015 they have had an opportunity to fix it which didn't work so you are now rejecting it. 

Stacey878

As they don’t have an email but a chat service linked to them I have messaged on there and taken a screen shot as evidence

Stacey878

they currently have the car again as they wouldn’t give us back our money.

pinkshoes

Stacey878 said:

As they don’t have an email but a chat service linked to them I have messaged on there and taken a screen shot as evidence

That should be fine, BUT just to be sure I would also WRITE a letter and sent it with proof of postage on Tuesday (after the bank holiday), and in the letter add that you are following up the message you sent on Sunday that you are rejecting the car. State that you look forward to receiving your refund of £XXXX within 14 days. 

Manxman_in_exile

Stacey878 said:

We first reported problems 2 weeks after buying the car, the car was taken back after 3weeks collected the car yesterday and have taken it back to them today as the engine over heated on the way home, we are now at day 30 today. He is saying that he will let us know but is clear he doesn’t want to give us our money back as when we asked for a refund today he said it doesn’t work like that.

If what you describe is correct, then your 30 day window in relation to the short term right to reject may have been extended by their attempted repair, and you might still be well within it.

If you originally reported the fault (let's say) 14 days after buying the car, then the legislation says that the 30 day window is paused at that point if you have agreed to a repair attempt.

The 30 day window only restarts again when you get the car back - which was yesterday.

So that means that so far only 15 or 16 days of the 30 day rejection window have elapsed.  The first 14 days plus yesterday and perhaps today.  (Assuming you first reported the fault after 14 days).

After you get the car back, your short-term right to reject expires either (a) 7 days later or (b) at the end of the extended original 30 day window if later.  And (b) might be another two weeks yet.*

So you simply tell the trader in writing (or by email) that you are exercising your short term right to reject the car under s22 of the Consumer Rights Act 2015 (legislation.gov.uk).

Remind them that that you are therefore entitled to a refund payable no more than 14 days later.


*However, although it might appear that you still have time to play with, if I were you I'd follow @pinkshoes advice and get a written rejection to the seller ASAP!.

In order for you to really understand what your situation is, you really need to read the legislation I've linked to above, particularly s22(6), (7) and (8), and apply it to yourself.

[Edit:  Even if the 30 day window has expired, I've just realised that @pinkshoes is right anyway.  The seller is only allowed one attempt to repair faulty goods and if the repair doesn't work you can reject anyway.  Either way, tell them you are rejecting the car.  Personally I'd tell them that you are still exercising your short term right to reject - because of the extended 30 day window - because that means they can't make any deduction from your refund for the use you've had of the car.  Not that you've had much...]

Stacey878

Thankyou so much for everyone’s help it is very much appreciated x