• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Car 88k rejection intermittent fault

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Car 88k rejection intermittent fault

    hope you can help.

    Bought car for circa 88k no finance paid deposit 1k on credit card from a second hand dealer 24th June 2024. 2 weeks later noticed clutch slipping intermittently, notified the dealer and took it direct to the manufacturer who showed me the fault codes (i have copies). Manufacturer advised to clear the fault and keep driving it, if it does it again then they may be able to identify which part is faulty. Week later it was doing it again, went to manufacturer (same codes) told dealer who said they would book in for repair. (all this is within 30 days of purchase)

    Really want the car it took me a long time to find it and bought with the intention of a going on a driving holiday abroad. I was happy if they repaired it, and provided a warranty on the clutch.

    Car given back to dealer on 17th June to repair, seen by the manufacturer on 26th July. The manufacturer sent the dealer an email (i have a copy) saying there is "something there" albeit it only happened slightly when they test drove it, "its not defect free" but the car isnt in a faulting state and no corresponding fault code to identify the problem, extensive investigation would be required (at extensive cost) so their opinion is to continue to drive it until it gets worse. The dealer has taken this to say they have done all they can. My issue is, they havent repaired anything, Im not a crash test dummy and dont want to keep it until it gets worse. The fault it intermittent and dont want the future costs of what could be a new clutch outside of my warranty. Dealer said they would send it to another garage for their "findings" but not for the repair.

    Sent the right to reject to dealer and they are rejecting i have any rights under CRA as they say they have confirmation from manufacturer to drive it, they will offer a gesture of goodwill but deduct the warranty and the manufacturers diagnostic report. (£2500ish) Ive had the car 2 weeks and driven less than 1000 miles. Dealer still has the vehicle and threatening to charge me storage costs and they said they are taking legal action??

    I would like a full refund less deduction for the mileage. Im already out of pocket, cost of insurance, purchased a car cover, cant do the holiday i had planned and taken lots of days off work to sort this plus completely stressed out.

    btw seen a copy of an invoice from previous owner to manufacturer 2 weeks before i bought it complaining of the same fault, manufacturer did a gearbox service and said the test drive was fine, dealer says they did all they can to ensure the car was fit for purpose at point of sale, have taken guidance from manufacturer and as such have no rights.


    Should i pick up the car? unclear what i need to do next?
    Tags: None

  • #2
    This is a difficult one to advise on
    You are probably within your legal rights to reject the car. The serious intermittent fault was present at the time you bought the car and you reported the fault to the dealer within 2 weeks.
    If you started a court claim to recover your £88k, the claim will not be allocated to the small claims track and if you were to lose in court you would have to pay the other party's legal costs, plus storage of the car, plus your own legal costs.
    You could get the car back, obtain an automotive engineer's report, get the car repaired and make a smaller claim against the dealer, hopefully under £10k so allocated to the small claims track

    Comment


    • #3
      Originally posted by Pezza54 View Post
      This is a difficult one to advise on
      You are probably within your legal rights to reject the car. The serious intermittent fault was present at the time you bought the car and you reported the fault to the dealer within 2 weeks.
      If you started a court claim to recover your £88k, the claim will not be allocated to the small claims track and if you were to lose in court you would have to pay the other party's legal costs, plus storage of the car, plus your own legal costs.
      You could get the car back, obtain an automotive engineer's report, get the car repaired and make a smaller claim against the dealer, hopefully under £10k so allocated to the small claims track
      Thanks the warranty sold with the car is for max 10k however the manufacturer told me to do full investigative work labour and parts for entire clutch replacement would cost way in excessive of that figure.

      Comment


      • #4
        Either way it sounds as if your claim won't be allocated to the small claims track
        A court claim may take a year to reach trial, so if you decide on the first option you will be without your car for a year or so

        Comment

        View our Terms and Conditions

        LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

        If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


        If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
        Working...
        X