Used Car Significant fault within the 1st 30 days - Dealer giving me the run around

[danny_t65]

CRA 2015 sec 20 (15) A refund under this section must be given without undue delay, and in any event within 14 days beginning with the day on which the trader agrees that the consumer is entitled to a refund.

Hi Des, just an update, as suspected the dealer has come back and said his mechanic couldn’t find a problem, they are going against what Hyundai are diagnosing! Where do i stand at this point, is there a best course of action? Thanks in advance

[des8]

I see your choices as:
1) recover vehicle and continue to use it and see what happens.
If the vehicle breaks down due to coolant problems your initial rejection within the first 30 days will stand

2)if your letter of rejection warned of possible court action, then you can act upon it.
If not you could send a letter before action and in due course initiate court action

Did you obtain a written report from Hyundai and the other garage? They will be helpful if you proceed to court

[des8]

IMO your choices are;

1) recover car and keep driving it.
If problems occur you will still be covered by your original rejection because the dealer failed to repair it

2) recover car and if your original letter of rejection mentioned court action, act upon it

3) if your letter did not mention court action, then send a letter before action, and then in due course initiate a court claim

Do you have written reports from Hyundai and from the garage that made the original diagnosis?

[danny_t65]

IMO your choices are;

1) recover car and keep driving it.
If problems occur you will still be covered by your original rejection because the dealer failed to repair it

2) recover car and if your original letter of rejection mentioned court action, act upon it

3) if your letter did not mention court action, then send a letter before action, and then in due course initiate a court claim

Do you have written reports from Hyundai and from the garage that made the original diagnosis?

Thanks Des,

I have written confirmation from both garages, below is an image of the hyundai diagnosis and the original garage

[des8]

Well the Hyundai report states that there have been a previous problem and as such it implies it has been resolved.
On the other hand your garage report is positive about the leak.

You need to decide if you can persuade a judge that at the time of delivery the vehicle was unsatisfactory, before initiating court action

[danny_t65]

Well the Hyundai report states that there have been a previous problem and as such it implies it has been resolved.
On the other hand your garage report is positive about the leak.

You need to decide if you can persuade a judge that at the time of delivery the vehicle was unsatisfactory, before initiating court action

Hi Des, The hyundai report also states that the coolant is brown in colour suggesting leak from oil passage / combustion chamber into water coolant.

In terms of the fault being there at the time of collection, i requested the coolant system be checked as the level was low, so there must have been an issue then, i did however communicate this verbally so have no record.

[des8]

Verbal of course is not as certain as in writing and it will come down to whom the judge considers the more believable!

Colouration in coolant may remain after faults repaired, especially if not well flushed

[danny_t65]

Verbal of course is not as certain as in writing and it will come down to whom the judge considers the more believable!

Colouration in coolant may remain after faults repaired, especially if not well flushed

Thanks Des after i had put the deposit down when i noticed the coolant was low i did raise the concern regarding head gasket as i did my research and my particular model had experienced a number of head gasket failures, he then sent me a video showing me the oil cap and dipstick to show there was no water in the oil, i don't imagine this would count for much but does show there was a concern before i collected the vehicle.

Fingers crossed i can resolve this as i seem to be hitting brick walls at every turn!

[des8]

..... no water in oil does not necessarily mean the head gasket is sound

[danny_t65]

..... no water in oil does not necessarily mean the head gasket is sound

Exactly my point! I will keep you updated how I get on! Thanks

[des8]

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