Advice needed re: used car repairs and preferred garages

[milesy31]

Hello,

I am in desperate need of some advice please. I bought a second hand car from a garage last month. It has since developed two faults with it and these have been confirmed by my local garage - battery dead and boot release closure button on car not working (key fob does work). I immediately notified the garage about these issues and they ignored me. When pushed, they advised that I contact my warranty company, however I have been told that they aren't covered. The total repair cost for the both jobs including fitting and VAT is approx £450. My garage is genuine, reputable and have used them for years and I trust their price.

I contacted the car dealership yesterday to explain the situation and they have asked me to return the car to them to repair it as they can get it done a lot cheaper (or so they said). I have a number of concerns and am not happy for them to do the work themselves.

1) The price that they quoted is suspiciously low - and they will not confirm with me whether they are using new or reconditioned parts (I suspect the latter).
2) They will not tell me what garage they are going to use.
3) The car had an MOT the day before I collected it and already had 2 bulbs blown, so I don't trust that the garage they used properly checked the car. Strangely, the garage they used for the MOT was over 45 minutes away despite them having multiple reputable garages within a short drive (possibly a "mate" did it?!)
4) I live over 60 miles (1 hour 30 mins) from the car dealer and they have told me that the car will be in for several days having the work done. I will be unable to get home from the garage without my car, have 2 young children that I need to take to school and I am a teacher so am unable to take time off work to sort this out given the distance involved.

My question is this - do I have to accept that their garage is the garage that I have use? Or can I have the work carried out at my local and trustworthy garage? The quote I was given was reasonable and I am able to provide this quote in writing to them.

Thanks in advance.

[echat11]

Hi MILESY

I think you will be stuck with the original garage, but what you could do is get the work checked over once it's done.

https://www.whatcar.com/news/your-le...your-car/n3307

des8 Can you take a look and advise, many thanks.

[des8]

Hi & welcome

As the car was unsatisfactory, and you appear to have agreed for it to be repaired. the dealer has the right to stipulate where.
However Consumer Rights Act 2015 sec 23 (2) (a) & (b) apply and so remind the dealer of his responsibilities to collect the vehicle and not cause you any significant inconvenience. If he wants the car for several days tell him he must supply a courtesy car (altho' legally that might be pushing it!)

CRA 2015:sec 23
(2)If the consumer requires the trader to repair or replace the goods, the trader must—
(a)do so within a reasonable time and without significant inconvenience to the consumer, and
(b)bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).


You should bear in mind that what is reasonable to expect in a used vehicle depends on price paid and age/mileage/make & model

[milesy31]

Thank you both very much for your responses, they have certainly helped me to formulate a professional letter of complaint.

The latest is that the garage have responded and told me that they have no legal option to remedy the situation. Apparently I should have inspected the boot and the battery prior to sale and the car was sold as seen. After some research I understand that sold as seen is not legal term and also, it wouldn't have been reasonable to expect me to have inspected the battery.

However - as a gesture of goodwill they have offered to give me £150 towards a new battery (the cheapest battery costs more than this) and they expect me to pay to fit it. They have also revoked their offer of fixing the boot.

I've spoken to the AA as the car was purchased from an AA Approved Garage and they have advised ADR and mediation. I emailed the garage today and asked them for their best and final offer by close of day today (I originally gave them today as a deadline to resolve the issue mutually) and I haven't received a response. My options at present are to take the £150 (but still pay the additional £300 to have BOTH issues sorted) or to take the matter further with mediation and potentially a legal dispute.

Got to do some serious thinking this weekend about the best course of action (and hopefully the less stressful option too). Why is adulting so hard?!!!

[echat11]

What you could also do is contact CAB / Trading Standards, give them details of your situation, see what they say. They will give you a Reference Number.

When you write your letter of complaint. On the letter after the date write the following:

REF No: XXXXXXXXXXXXXX CAB / TRADING STANDARDS.

[des8]

How much did the car cost?
What make & model?
what year & mileage?
How did any advert describe the vehicle?
What was said about the vehicle by the salesman?

Bear in mind that the " quality of goods is satisfactory if they meet the standard that a reasonable person would consider satisfactory, taking account of any description of the goods and the price" paid



Depending on the answer you might want to consider either
!) sending the dealer a letter before Action, and if an unsatisfactory response is received initiate a court claim
OR
2)you could have the work done and then try and recover the cost.
OR
3)just negotiate the best deal you can

Bear in mind that county court can be a bit of a lottery, but the threat of it might help your negotiations

PS I thought the trade had given up on "sold as seen" as a defence years ago.