Used car - keep or reject? What are my rights?

[HB1978]

Hi

We bought a used car in March 2017, the vehicle was 14 months old. It was bought from a main dealer (50 miles from home). We noticed a number of faults when we collected the car a week after viewing it and pointed these out to the dealer who arranged with me to have the car back for the repairs to be done. Having previously had a positive experience with this dealer, I had no cause for concern.

However, the faults were worse than we first thought, and more faults became apparent. The faults were as follows:

- missing rear seat belt (the dealer tried to convince me I was mistaken and it must have fallen behind the seat)
- tear in the rear seat on the seam (they had tucked all the pieces in so I wouldn't notice straight away)
- missing LED screen (the dealer tried to convince me that there never was an LED screen in the hole in the dashboard to begin with)
- knocking sound (turned out to be a loose engine mount)
- crack in the front bumper (hard to see unless you looked from a certain angle)
- hole in the windscreen (I had this replaced under my own insurance and the dealer reimbursed me the excess)

All of the above faults were put right after about 3 trips back and forth. The tear in the seat, which they repaired despite saying they might replace the whole seat, failed within a month and started to pull apart again. I reported this to them and my emails were ignored at first.

After some negotiating, resulting in me sending a letter before action, they agreed to repair the seat again. Another 100 mile round trip for me to get the car back to them.

I went to collect the car today (another 100 mile round trip) and the repair appeared to have been glued. I queried this and was told that the seat had been sewn and glued and to 'see how it goes'. Then my husband spotted that the plastic part across the top of the back seat where the seat belt comes through (the seat which they had been working on) had been snapped off and just positioned back in place. When we pointed this out and refused to take the car back, they tried to say that it could have been done before (we are 100% certain it wasn't like that when we handed it over to them) but then agreed to order a new part if we could leave the car with them and go back for it again once it has been fixed.

I am so angry and wished I had gone with my gut instinct and told them where to shove the car when we first had problems. I am still very tempted to tell them to keep the car and request a refund but I am assuming that they will try and give me a partial refund which I am not willing to accept. I have totally lost confidence in them, and all trust has gone. They are clearly doing cheap, shoddy repairs. I am under the impression that, had the car been due an mot, it would never have passed with that hole in the screen and the missing seatbelt and they surely should not have sold it in such a condition?

Can anyone offer any advice on where I stand on this?

[ostell]

If you are still having problems that have not been fixed you can still claim from the dealer but there will be a deduction for the use you have had. If the claim is for more than £10,000 it will take it out of the small claims court. As they appear to have fixed everything then it could be difficult.

I have done a similar thing after 4 years of an unfixed problem (and other incompetent actions) and claimed the top purchase price from Glasses guide. The dealer paid up without too much argument. Though they did offer a business cheque in settlement which I refused on the basis that they would not accept a cheque from me and they came up with a bankers draft.

P.S. They lost their main dealership shortly afterwards.

[des8]

Kati to prevent confusion can you please merge these threads: http://legalbeagles.info/forums/foru...-are-my-rights

[Kati]

I think it'll be easier to do this des8

Even if you were successfully to reject the vehicle at this late date you would not obtain a full refund as a deduction could be made for the usage you have had.

Regarding the missing seat belt, if it was the centre belt it is not an MOT failure
Regarding the hole in the windscreen it depends on the size and its position as to whether or not it would pass an MOT.

I think you would have difficulty trying to reject the car now.
It seems that you agreed to repairs, which essentially have been implemented, even if somewhat tardily.

To reject you would need to discover another fault which you would need to show was present when purchased, or a fault which has developed because te item has failed prematurely (ie not durable and so unsatisfactory). Even then the trader would have the right to one attempt at repair.

If your car is subject to hire purchase any rejection would be via the finance company, who were also responsible for earlier repairs.

(even I can't make a mess of that lol) xx

[HB1978]

Thanks for your reply.

It is reassuring to hear that you were successful - it gives me hope.

Good point regarding the business cheque versus bankers draft. I wouldn't have thought of that but as you say, they wouldn't accept a personal cheque so it's only right that it should be a bankers draft from them, assuming I get that far.

I have told them I am not satisfied with their latest attempt at 'repair'. It's nothing short of shoddy. To my mind, gluing a fabric seat together isn't exactly a good repair. They suggested that they might completely replace the seat at one point but that's never happened. I guess they have gone for the cheapest option which then makes me doubt everything else that they have done.

To add insult to injury, someone broke that part on the back seat since it's been with them and hasn't owned up to it. That's just plain dishonest.

Regarding the hole in the windscreen - an independent garage and the Autoglass guy who came to replace it both said it wouldn't have got through an MOT. Likewise with the missing seatbelt, it was for the middle seat and it had been cut out and removed for some reason?! which makes me think it would have been spotted on an mot.

I have emailed them now telling them I don't want the car back and will be looking to seek a full refund (I accept I might not get away with that). The manager has replied straight away to say she will have to escalate it as she can't make the decision. We still have the courtesy car as we needed to get home after rejecting the car and I assume they will be in a hurry to get that back so hoping for a decision soon.

[HB1978]

Kati to prevent confusion can you please merge these threads: http://legalbeagles.info/forums/foru...-are-my-rights

Thanks Kati and des8. Sorry for any confusion.

[des8]

If the centre rear seat belt is removed completely the vehicle should not fail on that count. (see the flow chart in section 5.1 of the manual and the corresponding referenced table) but it has been replaced and so is a bit academic now.

If they accept your rejection, end of problem except for squabbling over amount of refund.
If they don't accept rejection and you are prepared to initiate court action you will need to convince the judge that the seat repair was not sufficiently satisfactory to make the car conform to the contract.
I think you said all other matters had been repaired, and the broken plastic belt guide was to be replaced, so the only problem is a possible inferior repair to a torn seat.

[HB1978]

Good news. The dealer has agreed to accept the car back and have given a refund, less £1000 from the original price for mileage and use. Not a bad result.

[des8]

Well done.
As you say, not a bad result after a year's use.