Another Used Car Issue... Sorry

[kupidonstars]

Hi everyone,

I'm very sorry, I can see from reading through the countless threads on here that this is (unsurprisingly) a popular topic on here. Everyone is always super helpful.

I bought a car (paid £250 deposit by CC, £13k balance by bank transfer) and took delivery on Friday 11th October.

I drove it c.20 miles to my house (from my mums, the delivery location. The dealership is 80 miles away)

I parked up. Didn't use it again until Friday 18th October. I drove c.5 miles and as I entered the motorway noticed the Check Engine Light came on.

I drove, filled with petrol, drove back.

Called local approved dealership (different franchise but car under warranty) and they got the car in for a diagnostic (£144)

They called today (21st October) and told me:

- brake discs are flagged as red on their traffic light system
- enginge oil low
- catalytic converter basically gone (!!!)

The mechanic told me that they can see from their records (as the service centres are all on same system and car history recorded) that it had been in twice for misfiring in the previous year or so, had the coil pack replaced but he thinks this must have been the issue all along.

Its c.£4k for repair

I called the dealership that I purchased from to fill them in (after emailing them on Friday to report a probable defect in advance of the check) and told them.

The transaction manager was incredibly defensive, suggested the converter had been stolen (its eroded, but either way our house has 3 cameras covering different angles of the drive) and also suggested the other service centre might be lying.

I told him I'd potentially accept a repair but I could not get the car to them safely or without cost to me. That I do have the right to reject. They went on about repair, I said I can allow you to repair if it works for me but insisted that this was my decision.

They have agreed to call the other service centre tomorrow.

I've driven just 65 miles in this car.

MY questions are:

- if I am happy for them to attempt repair would it be considered reasonable for me to suggest they sort it out with the current service centre OR they arrange both collection and redelivery and that should all be done within WHAT time frame?

- if they agree to repair, but later something else goes wrong, I assume the 30 days are paused from... me flagging issue? Or is it my formal rejection?

- if they refuse to collect/pay for other centre to repair/ can't do it in XX reasonable timeliness, then do I need to get ANOTHER diagnostic (they don't appear to be part of AA) so I have another report or will the other service centres diagnostic report and video be enough for rejection?

- If they refuse my rejection/ refund am I best claiming via my credit card than any other route?


Apologies, I am just trying to get my ducks in row as I'm sans car, already out of pocket for the diagnostics and have already dealt with a combative and defensive manager.

THank you so much

[Pezza54]

You are within your 30 day right to reject the car without giving the dealer a chance to repair. A missing or faulty catalytic converter causing engine problems is a serious issue.
If you decide to let the dealer attempt a repair he must do it within a reasonable time at no cost to you. What is a reasonable time is not stated under CRA. A court will probably take the nature of the repair, availability of labour and parts into account. You could ask your local garage how long they would take to fix the faults
You cannot insist that the dealer lets you take the car to another garage for repair. I doubt he will just agree to a £4k repair elsewhere

If you decide to let the dealer repair the car, he fails to do this within a few weeks, or the fault reappears after you get the car back, you can still reject the car in writing. If the dealer refuses your rejection you should make a claim with your credit card company under the Consumer Credit Act 1974 Section 75 for breach of contract by the dealer under the Consumer Rights Act 2015

[kupidonstars]

Thank you so much for such a quick and detailed reply.

I'm feeling incredibly anxious, not least because the dealer was supposed to call me back and they've still not. Will give them a bit more time then follow up.

Hard to pin a single person down.

i will do as you suggest and ask the local centre that my car is currently with how long it would take them.

I never buy anything. I had my last car for 10 years and only got a new one because my mum was stuck for a car (so I gave her mine and bought new). Feeling very deflated.

One more question, if that's okay. Will the diagnostic report done by my local official dealership suffice as an independent report or would you recommend getting someone like the AA (which is obviously a cost to me) to do a report also, before I let them take the car back irrespective of my agreement to repair or if I want a refund? (Just given they're being difficult already)

Thank you so much again

[Pezza54]

As long as you get something in writing from a garage about the faults with the car, in my opinion you do not need another report.
Within 6 months from purchase of the vehicle it is assumed that the serious fault existed at the time of purchase. It is the dealer's responsibility to prove otherwise
In your case the fault appeared very soon, during the second time you drove it, 7 days after delivery. That makes your claim very strong