Consumer Rights Advice

Stardust77

Hi, I’m after a bit of advice please. I’ve searched but can’t find anything quite specific enough.

Very long story short… we bought a car last year that has since required a new engine. The garage put in a used engine with 8000 more miles on the clock without our agreement and have offered a free service as compensation for the extra miles. After MUCH arguing they’ve offered to refund the car but for complicated reasons we would have preferred a price reduction price reduction to reflect the additional mileage and had asked for this.

My question is, in offering a refund for the return of the car are they satisfying their obligation under the Consumer Rights Act even though it’s not the outcome wanted?

Thanks!

*edited to remove some personal info

Peter999_2

If the are returning you to the same position you were in before you bought it (i.e. they will fully refund your money) that that is fine. Don't forget they get to chose which satisfactory remedy to use and a full refund is one of them.

I think you've done quite well to acheive that to be honest, and as you've said yourself they have spent a lot of money fixing it and haven't shirked their responsibility. It's disappointing for your daughter but unfortunately you either accept the repaired car or the refund but they aren't under any obligation to offer you more.

Grumpy_chap

You bought a used car with a used engine that had covered Xk miles.

They fitted a used engine that had covered (X+8)k miles. Unless X was very small, 8k miles is insignificant.

If they fitted a brand new engine, that would be betterment.

The garage have also offered a refund on the car, or you can keep the car with the refitted used engine and the garage will offer you a free service next year.

It sounds like the garage have satisfied their obligations under consumer rights, or even gone above and beyond.

You have the choice to either take the refund or to take the car back and the free service next year. This decision might be influenced by your daughter thinking this is her dream car. Will you involve your daughter in the decision process? If she is old enough and responsible enough to drive, she should be capable of being supported through this type of decision and the process to rationalise options. Similar matters will arise throughout life so this issue arising in a way where you can support her with the process might be helpful in one way.

As to the car being the dream car - is it really something rare and exotic, or is it something that can be replicated?

the_lunatic_is_in_my_head

A price reduction is a valid remedy when the goods do not conform and repair/replace has passed.

It is the consumers choice whether to reject for a refund or seek a price reduction.

The question in this instance is whether an engine with 8k extra miles on the clock warrants the goods not conforming after a repair and if so working out the appropriate deduction which should be the difference between what was sold and what was received (or in this case eventually received).

Car that had 10k miles on the clock when purchased and I guess it makes a difference, car that had 200k I guess not.