Refund Wanted on Used Car

sarah_liz · 8 October 2017 at 7:03PM

I bought a used WAV (Wheelchair accessible vehicle) in May this year for £10,600.00 from a dealer in Amersham. In July it developed a fault - gears not changing (its an automatic) and engine stalling.
The dealer asked me to take it to my local Fiat garage for repair under warranty, Im in Somerset so it couldn't go back to the dealer for repair.
The car has broken down four times now with the same fault, the Fiat garage are struggling to find the problem (they've changed the clutch).
The dealer I bought it from is still insisting on it being repaired, but Ive been without the car for 8 weeks within the 22 weeks of owning it.
I have written to him numerous times requesting a refund, I have no other vehicle I can drive as I need to drive from my wheelchair, I have had to cancel many hospital appointments.
The dealer is continually saying he is seeking legal advice, waiting for the Fiat garage to contact him etc etc, anything to stall me getting a refund.
How do I get him to agree to a refund? Im sure that Im within my rights to insist upon this within 6 months of purchase.
I think my next step would be small claims court?
Any advice would be appreciated.

m0bov · 8 October 2017 at 7:40PM

You need to send a letter before action, google for the templates to reject the car. How did you pay? Cash? Finance?

Give them 7 days to respond then file a moneyclaim online.

sarah_liz · 8 October 2017 at 8:21PM

I have sent letters (via email) requesting my money back, the seller has acknowledged receipt of the letters.
I paid by BACS transfer.
How do I file a money claim? Is that the same as small claims court?

sevenhills · 8 October 2017 at 10:30PM

sarah_liz wrote: »

I have written to him numerous times requesting a refund, I have no other vehicle I can drive as I need to drive from my wheelchair, I have had to cancel many hospital appointments.

Motability?

While attending your breakdown, if the RAC deems your car undriveable a replacement car provided by the RAC may be available as an option.

http://www.motability.co.uk/information-for-customers/cars-and-wheelchair-accessible-vehicles-customer-area/temporary-replacement-vehicles

forgotmyname · 9 October 2017 at 12:08AM

I can see the dealer just stating that you have not returned the vehicle to him for repair. You have not given him a single chance to rectify any fault that may or may not be present.

It's messy, but did he instruct FIAT to repair the vehicle? Who paid the bills so far? What else have they swapped/tested?

They changed the clutch in an auto? What vehicle is it and how old, which engine etc?

Having dealings with FIAT in the past, its one place i would be reluctant for anyone to take a vehicle, Even a noddy car.

m0bov · 9 October 2017 at 7:26AM

forgotmyname wrote: »

I can see the dealer just stating that you have not returned the vehicle to him for repair. You have not given him a single chance to rectify any fault that may or may not be present.

It's messy, but did he instruct FIAT to repair the vehicle? Who paid the bills so far? What else have they swapped/tested?

They changed the clutch in an auto? What vehicle is it and how old, which engine etc?

Having dealings with FIAT in the past, its one place i would be reluctant for anyone to take a vehicle, Even a noddy car.

Which thread are you referring to?!:rotfl:

soolin · 9 October 2017 at 7:34AM

m0bov wrote: »

Which thread are you referring to?!:rotfl:

I'm not sure what you mean- OP has never taken this back to the dealer, it has all gone via the local Fiat dealer instead. I agree that this might not be as straightforward as it appears- but it all depends on whether the dealer was the one insisting it went to Fiat or whether, as I think is implied in the OP it was the OP that arranged for it to go to Fiat (with the agreement of the original dealer) as they were unable to get it back down to the dealer.

sarah_liz · 9 October 2017 at 10:09AM

forgotmyname wrote: »

I can see the dealer just stating that you have not returned the vehicle to him for repair. You have not given him a single chance to rectify any fault that may or may not be present.

It's messy, but did he instruct FIAT to repair the vehicle? Who paid the bills so far? What else have they swapped/tested?

They changed the clutch in an auto? What vehicle is it and how old, which engine etc?

Having dealings with FIAT in the past, its one place i would be reluctant for anyone to take a vehicle, Even a noddy car.

The dealer told me to take the vehicle to my closest Fiat dealer. So he has had chance to repair, but chose to use a Fiat garage.
The dealer has paid most of the bills so far, he hasn't paid the last one.
The vehicle is 5 years old and only 5,000 miles on the clock as was previously owned under the notability scheme by one lady owner.

sarah_liz · 9 October 2017 at 10:11AM

sevenhills wrote: »

Motability?

While attending your breakdown, if the RAC deems your car undriveable a replacement car provided by the RAC may be available as an option.

The car was bought from a used dealer, not under the Motability scheme.

LandyAndy · 9 October 2017 at 10:14AM

sarah_liz wrote: »

The dealer told me to take the vehicle to my closest Fiat dealer. So he has had chance to repair, but chose to use a Fiat garage.
The dealer has paid most of the bills so far, he hasn't paid the last one.
The vehicle is 5 years old and only 5,000 miles on the clock as was previously owned under the notability scheme by one lady owner.

Oh dear.

System · 9 October 2017 at 3:18PM

sarah_liz wrote: »

The vehicle is 5 years old and only 5,000 miles on the clock as was previously owned under the notability scheme by one lady owner.

Oh dear. So it has spent most of its life stood and only doing short journeys, most likely driven in not the most mechanically sympathetic manner due to the previous owner's disability.

Cars do not like being stood or doing short journeys. Both of those cause massive problems and a very low mileage car is not a good thing. I will actively avoid like the plague anything sub 7-8000 miles a year because once you start actually using them a load of problems always start to happen.

Refund Wanted on Used Car

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