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    • Garymand
    • By Garymand 22nd Aug 19, 8:59 PM
    • 18Posts
    • 9Thanks
    Garymand
    Faulty second hand car
    • #1
    • 22nd Aug 19, 8:59 PM
    Faulty second hand car 22nd Aug 19 at 8:59 PM
    Hi.
    I'm looking for advice on a faulty second hand car I brought in May from a dealer.

    First day there was a squeaking noise. I had it repaired (brakes sticking). The garage that repaired the brakes said that a CV boot had split and shock absorber leaking. The CV boot was on a previous MOT but not the mot completed by the garage that sold the car. Two months later the car broke down. Garage is 40 miles away. After some discussion garage agreed I could take it local. Bill came in at 266.20. Garage went funny but agreed to pay 150 towards it.

    Week later another 3 faults developed. Car sluggish, driver window won't go up or down and car door won't unlock with key fob.

    Garage won't look at window or lock or CV boot or shock absorber, only sluggishness and it has to be taken to garage 40 miles away I've refused to take it to garage unless all faults are looked at. Garage are now refusing to speak to me as I quoted legal legislation (consumer credit act 2015) and no 150 back.

    I've sent a letter of complaint and asked for a full refund of the car (as advised by CAB) but no response. CAB are now saying it might have to be small claims court.

    Any advice appreciated
Page 1
    • Aylesbury Duck
    • By Aylesbury Duck 22nd Aug 19, 9:42 PM
    • 4,505 Posts
    • 6,005 Thanks
    Aylesbury Duck
    • #2
    • 22nd Aug 19, 9:42 PM
    • #2
    • 22nd Aug 19, 9:42 PM
    What's the vehicle, age and price you paid?
    • waamo
    • By waamo 22nd Aug 19, 10:25 PM
    • 7,720 Posts
    • 10,486 Thanks
    waamo
    • #3
    • 22nd Aug 19, 10:25 PM
    • #3
    • 22nd Aug 19, 10:25 PM
    Did you allow the seller to have the opportunity to fix it?
    This space for hire.
    • Garymand
    • By Garymand 23rd Aug 19, 6:25 AM
    • 18 Posts
    • 9 Thanks
    Garymand
    • #4
    • 23rd Aug 19, 6:25 AM
    • #4
    • 23rd Aug 19, 6:25 AM
    The car is a Seat 2009. It was priced at 2400 and I paid 2000 and part ex'd my car.

    I asked if the seller would repair all of the faults but he said he would only cover the sluggishness under warranty. I still have these faults currently and the garage is refusing to speak to me.

    With regards to the breakdown, I had noway of getting it 40 miles away as the car has broken down. I asked if I could take it to a local garage and he reluctantly agreed but then only agreed to pay 150 towards the total bill
    • Aylesbury Duck
    • By Aylesbury Duck 23rd Aug 19, 7:48 AM
    • 4,505 Posts
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    Aylesbury Duck
    • #5
    • 23rd Aug 19, 7:48 AM
    • #5
    • 23rd Aug 19, 7:48 AM
    You need to pay someone to tow/trailer it to the dealer if you want them to fix it. You expect a full refund on a car you've owned and used for three months but you're not prepared to return it to them. That's not a sensible expectation.

    Arrange to return the car and take it from there.
    • Garymand
    • By Garymand 23rd Aug 19, 2:56 PM
    • 18 Posts
    • 9 Thanks
    Garymand
    • #6
    • 23rd Aug 19, 2:56 PM
    • #6
    • 23rd Aug 19, 2:56 PM
    I can get the car to the garage (as the first two faults were repaired and paid for by me).
    The issue is he is refusing to repair all of the further faults,two of which were present (but not known at the time) when I brought the car so yes I am expecting a full refund, due to being left with a car that has a further 5 faults.

    The garage is now refusing to enter into any communication with me as I have quoted legal legislation. I can't even arrange to take the car to the garage (not that I would as he's not willing to look at all of the repairs).
    • Aylesbury Duck
    • By Aylesbury Duck 23rd Aug 19, 3:12 PM
    • 4,505 Posts
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    Aylesbury Duck
    • #7
    • 23rd Aug 19, 3:12 PM
    • #7
    • 23rd Aug 19, 3:12 PM
    Letter before action then, being prepared to follow it up with a court claim.
    • Garymand
    • By Garymand 23rd Aug 19, 4:48 PM
    • 18 Posts
    • 9 Thanks
    Garymand
    • #8
    • 23rd Aug 19, 4:48 PM
    • #8
    • 23rd Aug 19, 4:48 PM
    I've just done the letter before action but was hoping to avoid court where possible.
    I really can't afford to spend god knows how much to put these 5 faults right and as he's not given me the 150 towards the first fault (which he said he would) so I've lost all confidence in him and his garage
    • Aylesbury Duck
    • By Aylesbury Duck 23rd Aug 19, 9:21 PM
    • 4,505 Posts
    • 6,005 Thanks
    Aylesbury Duck
    • #9
    • 23rd Aug 19, 9:21 PM
    • #9
    • 23rd Aug 19, 9:21 PM
    Given the circumstances I don't see what other options are available to you. You'll have to borrow the money to get a working car in the meantime. If you're planning to reject it outright for a full refund you need to stop using it, so buying a temporary runabout for a few hundred quid might be a good idea whilst this one plays out.
    • Garymand
    • By Garymand 1st Sep 19, 4:00 PM
    • 18 Posts
    • 9 Thanks
    Garymand
    Well unfortunately still no response from Jordan James Motor Company so looks like we are off to court. Very disappointed that he refuses to even acknowledge my letters
    • waamo
    • By waamo 1st Sep 19, 5:02 PM
    • 7,720 Posts
    • 10,486 Thanks
    waamo
    Well unfortunately still no response from Jordan James Motor Company so looks like we are off to court. Very disappointed that he refuses to even acknowledge my letters
    Originally posted by Garymand
    How long did you give him? You are supposed to give 14 days.
    This space for hire.
    • Garymand
    • By Garymand 5th Sep 19, 6:01 AM
    • 18 Posts
    • 9 Thanks
    Garymand
    My first letter was right at the begining of August so it's been over 1 month and nothing. He won't even respond to my message asking him what company name the court papers need to be filed under. Genuine question because the garage name/address is different from the address he told me to write to
    • bigisi
    • By bigisi 5th Sep 19, 11:52 AM
    • 718 Posts
    • 1,329 Thanks
    bigisi
    My first letter was right at the begining of August so it's been over 1 month and nothing. He won't even respond to my message asking him what company name the court papers need to be filed under. Genuine question because the garage name/address is different from the address he told me to write to
    Originally posted by Garymand
    Of course he won't. Why would he make it easy for you?
    • macman
    • By macman 5th Sep 19, 4:16 PM
    • 43,495 Posts
    • 18,640 Thanks
    macman
    The address on the invoice that you received upon purchasing the car?
    No free lunch, and no free laptop
    • Garymand
    • By Garymand 9th Sep 19, 7:42 PM
    • 18 Posts
    • 9 Thanks
    Garymand
    That's what I thought, I just don't want the court to get confused because the complaint letter and letter before court have been sent to the company name and address he said to send them to
    • macman
    • By macman 9th Sep 19, 10:33 PM
    • 43,495 Posts
    • 18,640 Thanks
    macman
    Several of these faults ( at least the last 3) appear to have developed more than 2 months after you bought the vehicle, so can reasonably be assumed to have not been present at the time of purchase. Your case lacks any context: you cannot expect a 10 y/o car which has (guess) done 80-100K to be fault free or maintenance free for any length of time.
    And it was your choice to buy from a garage so far away: the seller is not responsible for the cost of recovering the vehicle to his premises.
    No free lunch, and no free laptop
    • Garymand
    • By Garymand 19th Sep 19, 8:25 PM
    • 18 Posts
    • 9 Thanks
    Garymand
    Thanks for your reply. All of the faults developed (or were present when I brought the vehicle) within the first 3 months of me buying the car. I never expected the car to be 'perfect' but expected that at least the faults that were present when I brought the vehicle (but didn't know they were present) would be fixed. As the garage refused I called CAB who said within 6 months you are entitled to a repair and if you have one fault fixed but the car developed further fault, you have a 'right to reject'
    • bigisi
    • By bigisi 20th Sep 19, 9:30 AM
    • 718 Posts
    • 1,329 Thanks
    bigisi
    Thanks for your reply. All of the faults developed (or were present when I brought the vehicle) within the first 3 months of me buying the car. I never expected the car to be 'perfect' but expected that at least the faults that were present when I brought the vehicle (but didn't know they were present) would be fixed. As the garage refused I called CAB who said within 6 months you are entitled to a repair and if you have one fault fixed but the car developed further fault, you have a 'right to reject'
    Originally posted by Garymand
    Where did you bring it?
    • Garymand
    • By Garymand 20th Sep 19, 1:28 PM
    • 18 Posts
    • 9 Thanks
    Garymand
    I'm sorry I'm not sure what you mean?
    • foxtrotoscar
    • By foxtrotoscar 20th Sep 19, 1:39 PM
    • 1,426 Posts
    • 2,194 Thanks
    foxtrotoscar
    I'm sorry I'm not sure what you mean?
    Originally posted by Garymand
    You used the word 'brought' instead of 'bought'.
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