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  • FIRST POST
    • Laura2353
    • By Laura2353 13th Jan 20, 1:46 PM
    • 5Posts
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    Laura2353
    Faulty car from Evans Halshaw
    • #1
    • 13th Jan 20, 1:46 PM
    Faulty car from Evans Halshaw 13th Jan 20 at 1:46 PM
    August 2019 I purchased a used car (2016 plate) from Evans Halshaw on finance. In October I noticed a leak on the car and contacted the garage immediately. They booked the car in for some tests and attempted to fix the problem.
    The car has been at the garage twice now for the same issue, each time they have the car for one day to carry out tests then booked in at a later date to fix the problem.
    The car is still not fixed and is due to be taken to the garage next week for further testing.
    My question is what are my options of they cannot fix the fault? I have not been charged for any of the work carried out or for the use of a loan car but getting to the garage is a 40 mile round trip and I'm having to take time off work to take it in.
    Can I refuse the car as they have already had a chance to fix the problem and if I refuse the car am I entitled to a full refund?

    Thanks for any help.
Page 1
    • RealBobbyDazzler
    • By RealBobbyDazzler 13th Jan 20, 1:49 PM
    • 28 Posts
    • 8 Thanks
    RealBobbyDazzler
    • #2
    • 13th Jan 20, 1:49 PM
    • #2
    • 13th Jan 20, 1:49 PM
    When you say a leak.. is it oil/gearbox oil or water? You need to find more information on the issue or the source of the leak - It'll be something that can be fixed..

    Are you sure it's not water from a/c condensation or anything like that?
    • Laura2353
    • By Laura2353 13th Jan 20, 1:53 PM
    • 5 Posts
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    Laura2353
    • #3
    • 13th Jan 20, 1:53 PM
    • #3
    • 13th Jan 20, 1:53 PM
    Sorry, it's a water leak with water pooling in the back passenger footwell.
    They replaced the door seals the first time they had the car. The second time they lifted the carpets to to do something but never explained fully what it was.
    • giraffe69
    • By giraffe69 13th Jan 20, 1:54 PM
    • 2,853 Posts
    • 2,475 Thanks
    giraffe69
    • #4
    • 13th Jan 20, 1:54 PM
    • #4
    • 13th Jan 20, 1:54 PM
    Even if you can end up refusing the car you won't get a complete refund as they can charge for the usage you have had. Presumably the car is older and had done more miles so probably not worth quite as much as it was.
    • foxy-stoat
    • By foxy-stoat 13th Jan 20, 1:55 PM
    • 5,731 Posts
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    foxy-stoat
    • #5
    • 13th Jan 20, 1:55 PM
    • #5
    • 13th Jan 20, 1:55 PM
    Sorry, it's a water leak with water pooling in the back passenger footwell.
    They replaced the door seals the first time they had the car. The second time they lifted the carpets to to do something but never explained fully what it was.
    Originally posted by Laura2353
    Reject it now, they get 1 chance to fix the fault, if they cannot you can hand it back.
    • Laura2353
    • By Laura2353 13th Jan 20, 4:00 PM
    • 5 Posts
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    Laura2353
    • #6
    • 13th Jan 20, 4:00 PM
    • #6
    • 13th Jan 20, 4:00 PM
    Sorry, I worded my original post poorly. I would not expect a full refund, more so wondering whether I would be expected to cover the shortfall in my finance if there was any or would the finance be written off as the fault has not been caused by myself.

    I had not realised I only needed to give them one chance to fix the problem. I will contact them later and see what options they give me.

    Thanks!
    • foxy-stoat
    • By foxy-stoat 13th Jan 20, 5:04 PM
    • 5,731 Posts
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    foxy-stoat
    • #7
    • 13th Jan 20, 5:04 PM
    • #7
    • 13th Jan 20, 5:04 PM
    Sorry, I worded my original post poorly. I would not expect a full refund, more so wondering whether I would be expected to cover the shortfall in my finance if there was any or would the finance be written off as the fault has not been caused by myself.

    I had not realised I only needed to give them one chance to fix the problem. I will contact them later and see what options they give me.

    Thanks!
    Originally posted by Laura2353
    They should give you options, you should be telling them that as they haven't managed to fix the fault that was already there when you bought it you will reject the car. Google search "rejecting used car SOGA". They may make a deduction for the fair use of the car for the 5 months you have driven it but as you have made some payments already you shouldnt have to pay anything more, may get some money back.

    You should stop using the car now and look for another to replace it.
    • m0bov
    • By m0bov 14th Jan 20, 12:51 PM
    • 1,745 Posts
    • 1,124 Thanks
    m0bov
    • #8
    • 14th Jan 20, 12:51 PM
    • #8
    • 14th Jan 20, 12:51 PM
    Unlikely you can just reject after 5 months.

    I'd suggest writing to them and giving them one last attempt before you book it into a local dealer and claim the repair costs back.
    • DoaM
    • By DoaM 14th Jan 20, 12:58 PM
    • 8,723 Posts
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    DoaM
    • #9
    • 14th Jan 20, 12:58 PM
    • #9
    • 14th Jan 20, 12:58 PM
    Unlikely you can just reject after 5 months.
    Originally posted by m0bov
    The I suggest you read the Consumer Rights Act 2015 to become better informed. As the seller has had (at least) one opportunity to make the goods conform to contract, and the goods still don't conform, then the consumer can exercise their Final Right To Reject.

    Within 6 months from purchase then any refund must be in full ... however there's an exception for some goods, including vehicles, where a small reduction in the refund can be made to account for the additional wear/miles that have been put on it. The refund should still be such that the OP is not out of pocket vs the finance agreement, based on payments already made.
    Diary of a madman
    Walk the line again today
    Entries of confusion
    Dear diary, I'm here to stay
    • Laura2353
    • By Laura2353 14th Jan 20, 3:04 PM
    • 5 Posts
    • 0 Thanks
    Laura2353
    EH said the finance could not be cancelled until 50% of it had been paid.
    They were willing to offer me a different car at the value of the equity in my current car.
    I have contacted the finance company directly and logged a complaint - they are going to contact the dealership and get back to me.

    Here's hoping something gets sorted out quickly.
    • Mercdriver
    • By Mercdriver 14th Jan 20, 3:40 PM
    • 3,040 Posts
    • 2,102 Thanks
    Mercdriver
    EH said the finance could not be cancelled until 50% of it had been paid.
    They were willing to offer me a different car at the value of the equity in my current car.
    I have contacted the finance company directly and logged a complaint - they are going to contact the dealership and get back to me.

    Here's hoping something gets sorted out quickly.
    Originally posted by Laura2353
    The finance house would have to agree to the swap if they are suggesting keeping the same credit agreement. The difficulties arise if there is a new agreement with a whole new credit check, you could potentially be left with no car iif they were to decline or pay an inferior rate of interest
    • foxy-stoat
    • By foxy-stoat 14th Jan 20, 3:41 PM
    • 5,731 Posts
    • 3,548 Thanks
    foxy-stoat
    EH said the finance could not be cancelled until 50% of it had been paid.
    They were willing to offer me a different car at the value of the equity in my current car.
    I have contacted the finance company directly and logged a complaint - they are going to contact the dealership and get back to me.

    Here's hoping something gets sorted out quickly.
    Originally posted by Laura2353
    Surely all of it, or a high percentage, will be paid after the dealer refunds the cost of the car after you reject it, less any wear and tear charges. Seeing as you have made a few months payments already you may get some money back.

    Of course they want to offer you another car than giving your money back, up to you if you want to stick with what ever they offer you.
    • Laura2353
    • By Laura2353 14th Jan 20, 4:53 PM
    • 5 Posts
    • 0 Thanks
    Laura2353
    Thanks for your replies.
    After logging my complaint with the finance company, a manager from EH has contacted me - I missed the call but they have asked me to call them back to discuss my options.
    When I first contacted them I told them I wanted to reject the car but they tried to say I could not do so and would not budge which was why I contacted the finance company.
    • foxy-stoat
    • By foxy-stoat 14th Jan 20, 5:10 PM
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    foxy-stoat
    Up to you how you proceed, if you give them another chance to fix the car then you wont be able to reject it.

    Google rejecting used car SOGA.
    • m0bov
    • By m0bov 15th Jan 20, 7:08 AM
    • 1,745 Posts
    • 1,124 Thanks
    m0bov
    Up to you how you proceed, if you give them another chance to fix the car then you wont be able to reject it.

    Google rejecting used car SOGA.
    Originally posted by foxy-stoat
    SOGA no longer exists.
    • Hermione Granger
    • By Hermione Granger 15th Jan 20, 8:56 AM
    • 1,202 Posts
    • 1,940 Thanks
    Hermione Granger
    SOGA no longer exists.
    Originally posted by m0bov
    Yes it does.
    The SOGA still exists and is still in force.
    It's just that the parts of it that used to apply to consumer contracts are no longer applicable as the Consumer Rights Act now covers these.
    • foxy-stoat
    • By foxy-stoat 15th Jan 20, 8:56 AM
    • 5,731 Posts
    • 3,548 Thanks
    foxy-stoat
    SOGA no longer exists.
    Originally posted by m0bov
    Consumer Rights Act 2015 then.
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