Broken down second hand car dispute

Bowties

Hi forum

I need some help and guidance regarding a dispute I’m having over a second-hand vehicle I recently purchased.

Timeline of events:

• 16 December – Contacted XXX Cars, test drove the vehicle, carried out a visual inspection, and left a £200 deposit.
• 18 December – Completed the purchase of the vehicle from XXX Cars Ltd for £2,400 (including deposit).
• 21 December – Reported an engine warning light to XXX Cars.
• 23 December – Took the vehicle back to XXX Cars for inspection. They informed me it was a ‘settling issue’ and said it was ‘safe to drive’.
• 31 December – Vehicle broke down. The AA diagnosed a ‘clutch hydraulics failure’ and estimated repair costs of £1,500. I emailed XXX Cars requesting a refund, as this was within 30 days of purchase. I received no response.
• 2 January – Contacted Citizens Advice, who confirmed my rights. I emailed XXX Cars again to assert these rights.

XXX Cars have since replied, denying any responsibility. They refuse to provide a refund, cover repair costs, or offer any support.

Next steps:

I’ve now arranged for the AA to carry out a full inspection and provide a written report to prove that the fault existed before I bought the vehicle.

Citizens Advice have advised me that I can claim back ‘reasonable costs’.

My concerns:

The main issue I’m facing is that I need a vehicle for work, shopping, and taking my two teenagers to their clubs. I live in a small village with very poor public transport.

I have a strong feeling that XXX Cars are not going to make this easy, and the process could drag on.

Questions:

1. If I hire a vehicle, will I be able to claim back the hire costs from XXX Cars as part of my claim?
2. Has anyone else experienced a similar situation, and how did you resolve it?

I’m feeling a bit lost and upset. The dealer keeps denying any responsibility and is hiding behind the fact that the vehicle was ‘sold as seen’.

Any advice would be greatly appreciated!

Thanks in advance.

Stubod

..you are well within your 30 day period, and a dealer cannot hide behind "sold as seen". You should be entitled to a full refund given you have only had the car a few days.

However if the dealer won't play ball you may have to go down the legal route. No question that you will probably win, but I would be wary of racking up too much cost assuming they will pay. .

On the basis of their total lack of response so far, it looks like you are going to have to fight this one all the way.

The best thing to do would probably to get the car back to the dealers, hand them the keys and a letter rejecting the car and requesting a full refund..?

Mildly_Miffed

Leave the car and all the paperwork with them, and tell them that if you don't have a full refund in the next day or two, you will be issuing a court claim.

How much was the car? If it was <£10k, it's a small claim and very straightforward.

TadleyBaggie

Mildly_Miffed said:

How much was the car? If it was <£10k, it's a small claim and very straightforward.

It's in the OP, £2,400.

jimjames

Also worth doing a history check on the company and/or directors. They might have history of doing this and close company rather than pay out money for dodgy cars they've sold. Unfortunately just because the law says you have certain rights doesn't mean that a company can't get out of them or have to immediately comply.

Stubod said:

The best thing to do would probably to get the car back to the dealers, hand them the keys and a letter rejecting the car and requesting a full refund..?

While I can fully understand the logic doing this, if it's a dodgy company that has no intention of paying the OP's money back, is this a potential route to not having the car or the money? If OP still has the car then selling it as spares/repair to recoup some money might be an option if it's clear the company are serial offenders.

Ectophile

Mildly_Miffed said:

Leave the car and all the paperwork with them, and tell them that if you don't have a full refund in the next day or two, you will be issuing a court claim.

How much was the car? If it was <£10k, it's a small claim and very straightforward.

Before doing that, check how solvent the company is.  Otherwise, you risk having no car and no money.  It's all too common for backstreet car companies to close down the moment they lose a court case.

Bowties

Ectophile said:

Mildly_Miffed said:

Leave the car and all the paperwork with them, and tell them that if you don't have a full refund in the next day or two, you will be issuing a court claim.

How much was the car? If it was <£10k, it's a small claim and very straightforward.

Before doing that, check how solvent the company is.  Otherwise, you risk having no car and no money.  It's all too common for backstreet car companies to close down the moment they lose a court case.

I have thought of towing the car and leaving it at the dealership with a letter asking for my money back, however there is a bit of me that worries I could lose my money and the car. If they absolutely will not refund me the money, I could always just pay the £1,500 to have it repaired, I don’t want that but it’s worse case scenario. 

My biggest issue right now is I have no transport. My daughter has netball games and my son has football matches this weekend and I am relying on family and friends to get them there. It’s frustrating. If I hire a small vehicle is there any chance I can claim the money back from the dealer if it does go all the way?

jimjames

Bowties said:

Ectophile said:

Mildly_Miffed said:

Leave the car and all the paperwork with them, and tell them that if you don't have a full refund in the next day or two, you will be issuing a court claim.

How much was the car? If it was <£10k, it's a small claim and very straightforward.

Before doing that, check how solvent the company is.  Otherwise, you risk having no car and no money.  It's all too common for backstreet car companies to close down the moment they lose a court case.

If I hire a small vehicle is there any chance I can claim the money back from the dealer if it does go all the way?

From their response so far I think you'll be struggling to get your money back for the car let alone anything else. Can you ask them if they have a loan car - it seems unlikely but at least you've then tried to minimise the costs associated with it so will be harder to dispute. You might need to hire a car assuming you'll not get it back and anything you recover is a bonus. But it all really depends what you find out about the company.

Bowties

jimjames said:

Bowties said:

Ectophile said:

Mildly_Miffed said:

Leave the car and all the paperwork with them, and tell them that if you don't have a full refund in the next day or two, you will be issuing a court claim.

How much was the car? If it was <£10k, it's a small claim and very straightforward.

Before doing that, check how solvent the company is.  Otherwise, you risk having no car and no money.  It's all too common for backstreet car companies to close down the moment they lose a court case.

If I hire a small vehicle is there any chance I can claim the money back from the dealer if it does go all the way?

From their response so far I think you'll be struggling to get your money back for the car let alone anything else. Can you ask them if they have a loan car - it seems unlikely but at least you've then tried to minimise the costs associated with it so will be harder to dispute. You might need to hire a car assuming you'll not get it back and anything you recover is a bonus. But it all really depends what you find out about the company.

There response to my email requesting a refund, or for a repair...

Dear Customer,

Thank you for reaching out to me regarding your concerns with the car. As you are aware, the vehicle was sold to you on an “as seen” basis, and the terms of the sale were agreed upon at the time of purchase. Additionally, the car was sold in good working condition and at a reduced price, reflecting this agreement.

Unfortunately, as the sale was completed under these terms, I am unable to take responsibility for any issues that have arisen after the purchase. Any repairs or maintenance required will need to be covered at your own expense.

Once the vehicle was sold, any maintenance, repairs, or associated costs, including the provision of a courtesy vehicle, became the responsibility of the buyer.

I understand your concern and regret any inconvenience caused. However, I kindly remind you that these terms were clearly outlined at the time of sale and signed by both parties

Kind regards,

XXX Cars Ltd

Much of what they've said here is nonsense. The vehicle was never advertised as 'sold as seen'—not that such a phrase holds any real legal weight. My boss is frustrated because I can't get to work, I’m struggling to get to the shops, and my kids need reliable transport to attend their clubs and activities. Nightmare. 

Goudy

Yes, sold as seen is pretty much nonsense.
You are a customer and have rights.

The Consumer Rights Act 2015 states you have a right to reject and receive a full refund within 30 days if the car is faulty.

You may or may not have signed for this car as "sold as seen".
At best all that implies you have bought the car without any extra warranty or guarantee, you have not signed away your statutory rights.
Plus it is illegal for them to sell you a car that is not roadworthy.
The car must be fit for purpose and of satisfactory quality.

They can't sell you a car a defective car like this without describing the faults.
Things might be different if they listed all the faults and issues then tried to hide behind "sold as seen" as you were well aware of the faults.
They can't reactively revert to this stance.

How you get them to refund though is going to be tricky.

Bowties

Goudy said:

Yes, sold as seen is pretty much nonsense.
You are a customer and have rights.

The Consumer Rights Act 2015 states you have a right to reject and receive a full refund within 30 days if the car is faulty.

You may or may not have signed for this car as "sold as seen".
At best all that implies you have bought the car without any extra warranty or guarantee, you have not signed away your statutory rights.
Plus it is illegal for them to sell you a car that is not roadworthy.
The car must be fit for purpose and of satisfactory quality.

They can't sell you a car a defective car like this without describing the faults.
Things might be different if they listed all the faults and issues then tried to hide behind "sold as seen" as you were well aware of the faults.
They can't reactively revert to this stance.

How you get them to refund though is going to be tricky.

Thanks. Though I literally cannot afford to not get a refund.