Car Issues can I return the car and get my money back

Mollywobbles2024

Hiya, I got a car at the beginning of October, company recommended by my sister. I paid in 2 instalments, after the first payment, they said I could have the car to drive around and pay the second payment when I got paid next, which I did.
I wasn’t expecting anything amazing but wanted something that would last about 12 months to give me time to save for something better and he said he guaranteed it would be perfect for at least a year. That it had had no advisories on its last 4 MOT, it was a great car.
test drive was good, gear box stiff but I figured I would get used to that.
 Car stereo cuts out all the time, the car frequently stalls, and at first I thought I was doing something wrong or needed to get used to how hard/light to press the pedals etc. the gears slip out and then today to top it off, I parked facing downstairs on a sloped road and the handbrake was fully engaged but it rolled into another car while I was dropping my kids to school, even the other car owner said she was shocked because my handbrake was on. 

I was looking at paperwork in the car earlier and I saw on the last few mot certs that it has an outstanding safety recall (for passenger airbag) and online it says that it’s illegal for a trade dealership to sell a vehicle with outstanding recalls. 

Do I have grounds to return the car and get my money back please?

born_again

Mollywobbles2024 said:

Hiya, I got a car at the beginning of October, company recommended by my sister. I paid in 2 instalments, after the first payment, they said I could have the car to drive around and pay the second payment when I got paid next, which I did.
I wasn’t expecting anything amazing but wanted something that would last about 12 months to give me time to save for something better and he said he guaranteed it would be perfect for at least a year. That it had had no advisories on its last 4 MOT, it was a great car.
test drive was good, gear box stiff but I figured I would get used to that.
 Car stereo cuts out all the time, the car frequently stalls, and at first I thought I was doing something wrong or needed to get used to how hard/light to press the pedals etc. the gears slip out and then today to top it off, I parked facing downstairs on a sloped road and the handbrake was fully engaged but it rolled into another car while I was dropping my kids to school, even the other car owner said she was shocked because my handbrake was on. 

I was looking at paperwork in the car earlier and I saw on the last few mot certs that it has an outstanding safety recall (for passenger airbag) and online it says that it’s illegal for a trade dealership to sell a vehicle with outstanding recalls. 

Do I have grounds to return the car and get my money back please?

Who is this company?

Mollywobbles2024

A small trade dealership where I live cov

jimjames

Mollywobbles2024 said:
I paid in 2 instalments, after the first payment, they said I could have the car to drive around and pay the second payment when I got paid next, which I did.

A small trade dealership where I live cov

It's definitely not a normal situation to pay instalments and that kind of flexibility for when to pay. Was there a finance agreement in place?  Presumably quite cheap if it was paid for out of wages. How old is the car? There is no way anyone can guarantee a new car will be perfect for 12 months, let alone an old second hand one.

Mollywobbles2024

No I didn’t have a finance agreement, it’s an older car 2006 model, and it was £1800, I was originally not going to get it till I had paid in full but then they said they needed space on the forecourt so I could have it when I paid the first half and pay the second half when I got paid. 

photome

Sounds like you do have grounds to return , getting them to agree is another matter. It’s an 18 year old car most cars are scrapped by then

Mildly_Miffed

Mollywobbles2024 said:

it’s an older car 2006 model, and it was £1800

VERY relevant information...

Your consumer rights for used goods are tempered by reasonable expectations for goods of that age, price, apparent condition.

An 18-19yo car is 5 years older than the average age at scrapping of cars in the UK, and a decade older than the average car on the roads.

he said he guaranteed it would be perfect for at least a year

I'm going to guess that was not in writing... It's ridiculous hyperbole, at the very minimum.

From what you describe, it may just need a damn good service.

As for the airbag recall - have you put the VIN into the car manufacturer's recall page on their website? Lots of cars of that era were affected by the Takata airbag issues, and the manufacturer will replace the bag/s for free. What brand is the car?

Mollywobbles2024

I have spoken to Honda and the recall is still open so I have got it booked in for fixing.
 I’m not up in cars, I don’t have anybody who can help me with them so I went to a company that my sister got her car from and trusted them , stupid? Naive? Probably.
I don’t know what would be considered reasonable expectation for a car of that age, no the average age of scrapping one. He said Honda are great trustworthy cars. 

Mollywobbles2024

For me a reasonable expectation is that if they say there’s nothing wrong with the car then that’s true but it’s not been the case 

Mollywobbles2024

Also, he said that he was taking it to be serviced the day I did the test drive, just adding in case it is relevant 

Mildly_Miffed

Mollywobbles2024 said:

Also, he said that he was taking it to be serviced the day I did the test drive, just adding in case it is relevant 

It may very well have had a quick oil and filter change, perhaps they even had a quick look at the front pads.

But that's about all...