Rights over refund or repair on a vehicle

[Dtr]

I have spoken to citizen advice and worried they are wrong. They told me the garage I bought car from can’t only to buy back the car off me that they sold me. They have to offer a repair ? Basically car arrived with faults when first had car off them in feb. It’s had a few issues since purchase that I have been asking garage to repair or help pay towards repair. They are refusing repairs and only offering to buy car back. CA said they can’t do that that I have the right to repair. Ideally I’d have car repaired than a buy back as I have no other car to use and I need to get my kids to school 6 miles away, found car hunting quite stressful so also don’t want to be pushed into doing it again especially as I will be rushing and chances are I may end up with a worse car next time. Can anyone help on if CA is wrong and garage doesn’t have to offer a repair x thanks

[Pezza54]

Hi

Welcome to LB
CA is right. Under CRA 2015 if a serious fault develops on a vehicle after 30 days but before 6 months from date of purchase or delivery, the dealer must be given one chance to repair or replace the vehicle
Usually the consumer has the choice between repair or replace
If the dealer refuses to repair the vehicle or fails to do so within a reasonable time, the consumer has the legal right to reject the car.

In your situation, if the dealer is refusing to repair the car's serious fault(s), you can write to the dealer rejecting the car. For vehicles, the dealer is entitled to make a reduction on the refund for usage, normally based on miles the car has been driven

[Dtr]

It’s a air con leak and a clutch judder

[Dtr]

Garage is saying I have no choice over repair or refund. That it’s basically their choice and they refuse to even repair air con. Clutch judder is not a constant thing so garage may not of picked up car had a clutch issue so not sure if courts will side with them over the clutch. So stressful don’t know why they don’t just repair it as surely they need to repair for new sale.

[Pezza54]

I'm not a mechanic but isn't an air con leak a health hazard?

[Pezza54]

If I'm right in post 6 you should take it to another garage asap to fix the leak and then send a copy of the bill to the dealer

[Dtr]

So annoying isn’t it as surely it’s easier for company I bought it from to repair car as in my eyes they need to repair before sell on. I think they will just sell on without declaring faults .

[Pezza54]

The dealer is probably hoping you will give up chasing him
Have you got his refusal to repair the car in writing?
How did you pay for the car?

[echat11]

The thing is if you have faults now, doesn't give you confidence going forward with the car.

How did you pay?

[Dtr]

Paid bank transfer. I emailed asking for them to repair car or pay towards repair. They in return only
offer to take the car back and refund. They said that is more than any other garage would do. But I want a repair on the car. They believe I have no legal rights anymore since they offered to have car returned . But I want to have car repaired as I have paid out in checks on car and it’s a decent car aside from clutch judder (which isnt a constant one it’s when the car chooses to do it, can be ten times one day and none the next ) and the air con isn’t working due to leaking condenser

[Dtr]

From the garage side they feel they are doing me a favour not deducting off refund for clutch judder and ac issue , but the car come with these issues so why would they be fair to deduct for it lol not sure what my next steps are now as they don’t want to repair or partially refund they just want car back and I want it repairing

[des8]

You haven't stated the vehicle make and model, age, price aid and mileage.
These will all have a bearing on what rights each of you have.

You can demand a repair, but if the cost is disproportionate the garage can offer a replacement or refund.

New condensers are between £200 and £600, and cost of stripping out a clutch and replacing worn parts (which could even include the flywheel) might be astronomical.
All depends on make etc as in line one above

[Dtr]

Price for air con repair is 350 and clutch I was told does have a dual mass but I am not fully sure on that. It’s a 2015 Kia sportage I paid £6000. They are ruling out any repair or reduction on cost. Im waiting on clutch prices. The garage hasn’t even asked for quotes they just flat out refuse any work and said I can get car repaired elsewhere but they won’t be paying and refuse to do it themselves

[Dtr]

£350 air con and £850 clutch

[Pezza54]

What is the clocked mileage?