Car dealer is refusing to fix the car in my local garage

Mikos_24

I purchased my car on 12/01/2024 from a dealer located approximately 100 miles away from my home. On 11/03/2024, the car developed a diesel pipe leak. I contacted the dealer via email, and they requested an initial investigation. I arranged for AA Recovery to transport the car to a local Ford dealer, where the issue was identified and a report was created. The cost of fixing the issue is estimated to be around £750.

The dealer is refusing to cover the cost and has asked me to deliver the car to them for repairs. I am willing for them to fix the car, but I am unsure how to deliver it as AA Recovery would no longer transport it under my insurance. I am unable to drive the car. Additionally, the dealer is refusing to pay Ford £130 for the investigation.

As far as I understand, the dealer is obligated to fix the car since the issue occurred within six months of purchase. From my research, the dealer does not have the right to demand that the repairs be done in their own garage.

All communication with the dealer has been via email. I have informed them that under Customer Rights, they are required to fix my car and it does not have to be done in their garage. They seem to be ignoring this and are still requesting me to deliver the car to them at my own expense.

It appears that if I continue to stand my ground, the case may end up in court. I am uncertain about the duration of the process, my chances of winning the case, the likelihood of getting my car fixed even if I win the case, and whether my understanding that they have to fix the car in a local garage is correct.

Thank you for any advice.

jimjames

You might want to read this if you think you can choose where the repair is done

https://www.whatcar.com/news/your-legal-rights-if-something-goes-wrong-with-your-car/n3307

You have to allow the dealer to fix the fault, unfortunately getting the car to them is your responsibility.

fatbelly

I do think it is reasonable for a dealer to want the car to be on their premises for prospective repair. 

I suspect a judge would too

LightFlare

As above - unless the dealer specifically authorised any work elsewhere then they are perfectly entitled to have the vehicle made available to them at their premises and will not be In anyway liable for any work or investigations undertaken elsewhere.

An exception could be if they were part of a national chain or dealership and had a more local premises

Unfortunately, that’s one of the downsides from buying from such a distance.

Can we make the assumption that the vehicle in question is no longer under manufacturers warranty ?

What type of dealer did you buy from and how old is the vehicle ?

Mildly_Miffed

Can we presume that the car was not new or near-new, not under the manufacturer's warranty, and was not purchased from a Ford franchise dealership?

"From my research, the dealer does not have the right to demand that the repairs be done in their own garage."

That's because it's the other way round. You do not have the right to demand that the repairs be done at a garage of your choice.

This is one of the things you need to consider when buying a used car from a distance. You should be able to get the car transported to the dealership for £150 or so.

m0bov

Have it transported to the supplying dealer but you can claim for consequential losses.

Bradden

m0bov said:

Have it transported to the supplying dealer but you can claim for consequential losses.

I wasn't aware of this? What consumer rights make them liable... it seems unlikely to me unless there is a limit? What if the buyer had moved to France.. would they be liable for the transport costs form there?

rumpetroll

It depends if you are willing to take this to court, I had an issue with a motorcycle shortly after purchase and the dealer refused to cover the cost of getting the bike to and from their premises. I ended up getting the bike repaired locally and when the dealer refused to pay for the repairs I took them to small claims and won the case, it took about 5 months to get to court. I took them to court on the basis of the Consumer Rights Act 2015, section 23 (2).
23 (2) If the consumer requires the trader to repair or replace the goods, the trader must—
      (a) do so within a reasonable time and without significant inconvenience to the consumer, and

      (b) bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).

The dealership argued that it wasn't fair that they had to cover the cost of transport because I could live on the other side of the country and the judge pointed out to them that they also have the option of having it repaired by someone else so the location is irrelevant.

ontheroad1970

m0bov said:

Have it transported to the supplying dealer but you can claim for consequential losses.

you do have to be able demonstrate that you are moderating costs at the same time.

Mikos_24

Thank you all for your comments. They are all very helpful!

I believe that the dealer has the right to attempt one repair on the car before I can return it to them but it doesn't say who and how they will do it. It is also clear that they have to cover all necessary costs.
In my situation, the car is not drivable, so if they want to fix it in their garage, they will have to cover the cost of recovering the car.

This is my understanding of the law in this case, and today the dealer contacted me and offered to collect the car from the Ford garage. They asked me to cover the cost of the initial investigation that Ford has done and to collect the car once it's fixed. I have agreed to these terms.

Stateofart

ALWAYS go back to the supplying dealer!

I've said this before on this forum and the amount of people who say "you don't have to, go to the nearest manufacturer garage".  Yes, for some this works but for me it's always been massively easier to go to the supplier.  That's who's legally obliged to help and that is who you have a contract with.  I remember an Audi I had supplied by JCT600.  Bought from JCT600 Audi Hull and given to JCT600 Audi Grimsby for repair.  It's the same company, manufacturer AND about 20 miles away as the crow flies.  Five months of arguing about the job the car finally had it's repair STARTED...at that point, I made them buy it back off me.