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Faulty car court advice

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  • Faulty car court advice

    Hi
    I bought a car from a dealer on 18th Nov 2023 for my mum, myself and my partner travelled to view the vehicle and collect it, all seemed fine and I paid the funds and drove away. After about 10 days the car came up with a gearbox fault and said repair needed. I contacted the seller and he said its nothing to do with me u need to call warranty. The warranty covered repairs up to £1000. I took the car to an approved garage and was told that the car will continue with issues which will only get worse and it will cost £2200 to fix after it had been diagnosed. The garage said I would go back to the seller and ask for a refund this car will be nothing but trouble. I called the dealer and asked for a refund. He refused. I called consumer rights who said I was covered under the right to reject as it was in 30 days so I followed the process they suggested. I sent a letter giving him 7 days to respond. I didn't hear anything. I then sent the letter before court as instructed again by consumer rights. I gave him two weeks to respond. I then got a massive legal jargon letter from his solicitor saying he has only got to offer to repair it. I rang consumer rights they said that would apply if after 30days of purchase. I started cpurt proceedings and he applied for extra time. He response was claim rejected he lied about everything and said I couldn't claim because I bought the car for my mum. Consumer rights said I could claim because I paid for the car. We are now waiting on mediation date. The car was usable at the beginning of the process but is now unusable as it will not go into any gear. The car is now parked at my place of work as I am named on the insurance and will start but will not select any gears due to the fault. I am considering buying a cheap car to use in the mean time but don't want to be out of pocket. I know its hard to tell who will win but I did exactly what consumer rights told me and Iam concerned about him having a solicitor and me representing myself.
    Tags: None

  • #2

    How much did you pay for the vehicle?
    How did you pay for it? cash/bank transfer/credit card/debit card/finance?

    Who was the "solicitor" employed by the garage? (I suspect it will be one of a known couple of legal advice firms used by the motor trade who aren't beyond stretching the truth! )
    You seem to have acted correctly, although it is a pity you continued to use the vehicle after rejecting the vehicle and after being warned it would get worse

    Comment


    • #3
      Check your car insurance in case you are not covered if the car is not normally parked on your drive or on your road outside your house over night Something could happen to your car whilst it is left at your place of work and the insurance company may refuse to pay out.
      You should file your Reply to Defence when you return your Directions Questionnaire.

      Comment


      • #4
        I paid £4695 and I know but I am a working mum with two children so I had no choice. It's so much money to lose. I will get the car recovered to my home address later today. What are the chances that a judge will side with me or does it not work like that? Sorry I'm new to this and just on hold for citizens advice

        Comment


        • #5
          I paid by bank transfer

          Comment


          • #6
            There's not much that can be said for now, as you have started the court process.

            It would be useful if we could see exactly what you stated in your claim, and what his defence is.
            Also a copy of his "solicitor's " letter.

            Comment


            • #7
              Make sure you 'blackout' personal details from the documents.

              Comment


              • #8
                What will definitely strengthen your court claim, if you haven't already done so, is to obtain an independent motor engineer's inspection report on the gearbox and clutch.
                There is an article about independent vehicle reports at www.themotorombudsman.org
                You could contact the Institute of Automotive Engineers (IAEA)
                If your claim is successful you should recover the costs of the report
                In your first post you stated that the approved garage said there was a problem that would only get worse. You didn't write that you received a report and quote

                Comment

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