Used Car Issues

[Geordie1987]

I bought a used car from a dealer at the end of May 2022. Last week my mam noticed oil on my drive so I contacted him. He was quite nasty saying how have I just noticed it now etc but told me to bring the car to a garage he uses. I’ve took the car this morning. The mechanic at the garage who I spoke to at 3pm told me that when he put it on the ramp it was covered in oil underneath etc and that 3 parts needed replaced and that he had spoken to the dealer and he said to go ahead and do the work. The dealer has just rang me at 5pm and said that he will pay for an old leak but there’s a new one and its going to cost me. I told him I spoke to the mechanic and he never mentioned more than one leak. He then said if you don’t want to pay towards it around £50 I will cancel all the work. I’ve looked up my rights and it’s within 6 month of having car so by law he has to fix it as his cost.
I don’t think I should have to pay the £50 and was wondering what I should do. I’ve looked up letters on citizens advice and they obviously won’t be able to be written and sent by tomorrow when the car will be fixed and ready for me to pick up.
can anyone advise? He’s quite an abrupt man the dealer

[atticus]

Your immediate priority appears to be urgent communication. Can you email your letter?

[Geordie1987]

I don’t have an email address for him he’s an independent trader I should add not a dealership.
I’ve previously asked for an email address but he said he doesn’t have one. I communicate by txt or phone calls with him

[des8]

Presumably your main aim is to have the car repaired.

If I was you I would consider paying the £50 to recover the car, and then decide how to recover my £50.

[Geordie1987]

Yeah that is my main aim. From what the mechanic said all 3 parts had to be repaired to cover their backs. However the trader is saying there is an old leak and a new one and he doesn’t cover oil leaks? I feel like it’s an unfair situation that I’ve handed over £3500 for a car described as immaculate and drives superb etc when it doesn’t. Also the fact that he is estimating to me £50.

would it be wise for me to speak to the mechanic again and ask for a breakdown of cost and invoice for what I am paying towards? It seems to me as if he’s wanting to recoup money towards the parts he feels as if he shouldn’t be paying for (with it being 3 parts) even though only 1 leak.

sorry if I sound like I’m ranting

[des8]

On the basis of what you have posted it would seem the trader is liable for the whole cost.

However if you decline to pay, having your car repaired could become a long drawn out, stressful experience
I would agree with you that it is an unfair situation, but that is life.

I would have the car repaired, pay the £50 and then try and recover the £50.

Otherwise decline to pay, and the car is not repaired.
You will then probably have to initiate court proceedings, and if successful in about 9 months you might have your car repaired, or a refund following rejection.

[dslippy]

"if successful in about 9 months you might have" an order for "your car repaired, or a refund following rejection."
which you still have to enforce

[Geordie1987]

Thank you for advice. I agree I don’t want the stress of it all.
how would I go about recovering the £50 if that ends up being the case?
and would it be wise to ask for a breakdown of cost? So I have evidence of repair work done?

[Geordie1987]

Just wanted to update. I spoke to mechanic this morning who advised that the trader is liable to make payment for the work as he was the one that told me to drop car off and he gave the okay for the work to be done.
I have picked car up and no payment needed. All that stress for nothing. Thanks for all the advice.

[des8]

Glad to hear it ended well
Thanks for the update

[Geordie1987]

I’ve just received a text off the trader asking for me to transfer £50 to his bank account.

I also sent a letter recorded delivery this morning as a follow up to the repair/complaint etc. explaining consumer rights etc.

could you advise me on what to do next. Thank you

[des8]

You could ignore him, or you could write explaining that according to CRA 2015 he was liable for the costs as per your letter of today.
Additionally you could point out he was the one who ordered the repairs and you had not agreed to paying any contribution.
Tell him that accordingly he was liable for the whole cost.

The choice is yours, but I would not enter into protracted correspondence

[Geordie1987]

Hi I’m jumping back on my post.
So I’ve had further issues that I had to rectify as I need the car due to my disabled daughter. When first noticing the issues I contacted the trader and had no response so I’ve had no choice but to pay for them at a total of £432. Car was basically dangerous and had major issues with the rear brakes.

could anyone advise one if there is anyway i could get traded to reimburse me for cost? Or anything else I could do from a legal point of view.

Thanks In advance

[des8]

What was the problem with the brakes?
Could it be down to wear and tear?

Your first move is write to dealer , tell him what the problem was and that as he ignored your earlier communication you are seeking a price reduction of £xxxx as per CRA 2015 sec 24.

assuming he continues to ignore you, if you are intent on trying to recover that money you may have to initiate a court claim (but that should be seen as a last resort as it takes forever now a days and is stressful)