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Used car sale - faulty car. Dealer messing me around.

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  • Used car sale - faulty car. Dealer messing me around.

    Hello,

    This is my first post so sorry if I say the wrong thing!

    I bought a 7 year old used car for £15,000 from dealer A. The car wasn't the same brand car as Dealer A's usual brand.

    The dealer was 100s miles away from where I live so I had to catch the train there to pick it up.

    I drove it home and, as I got a few miles away from home, the car began juddering. I had new tyres put on the car as they needed doing (cost £800). I booked it in to be looked at by a local dealer of the same brand (dealer B) as the car for a service, thinking that would fix it. They said the gearbox needed replacing.

    I contacted dealer A and they were apologetic after receiving the report from dealer B. Dealer A offered me my money back and also the cost of the tyres or I could go for a repair. I really didn't want the hassle of looking for another car and couldn't manage without a car as I needed the car to get my disabled child to school (a daily 80 mile round trip). The dealer knew this.

    It took a while for them to arrange the repair but they did take it back and sent it to a gearbox specialist for repair. They had it for 6 weeks and gave me a loan car in the meantime. While it was away I received a fine because they didn't pay the toll. I contacted them and they paid this.

    I got the car back and all was ok for a week or two and then I noticed the juddering again. At first I thought I was imagining it. I was unwell for 3 weeks but then booked it into dealer C (same brand as dealer B) but then they cancelled the appointment so it needed to be rebooked which took time. It was about 2 months after receiving the car back that they looked at it. They said that the gearbox needed replacing!

    I went back to dealer A and said that as the problem was still there despite the repair, I'd like to reject the car (just inside the 6 month period since I bought the car).

    Dealer A say that despite my reports from two separate dealers saying the gearbox is faulty, I can't reject the car until they've looked at it and confirmed it's a gearbox fault.

    I've had to chase a few times as they said they were waiting for the ombudsman to come back to them. It's been 4 weeks since I told them I wanted to reject the car. They are now saying they want me to return the car to them at my expense (it's 200 miles away).

    I paid the deposit on credit card.

    Please can anyone give me any idea on my rights here? As far as I'm aware, as there has been another fault after their chance to repair, then I am within my rights to reject the car? They're basically saying that they can't refund me until THEY prove it's a gearbox issue.

    I also think that they should collect the car at their expense. Is that right?

    It's been a month since I rejected the car so I've had to hire cars at significant expense to me to get my kid to school.

    My disabled child needs to go to hospital soon for weekly appointments and I need a car to get them there. It doesn't look like this is going to get resolved any time soon.

    Can I claim for the expense of having to hire a car in the meantime?

    I'm sorry for such a long post. I'm just so stressed worrying about how the costs are piling up and I won't get the full cost of the car back so can't afford a like for like car now.
    Tags: None

  • #2
    Hi SUNANDRAIN

    Welcome to LB

    Write a comprehensive summary with timeline.

    Have all your evidence / reports etc. Send them with the letter below.

    Make a Section 75 claim with your Credit Card provider.

    Section 75 should cover you for exceptional losses i.e. cost of returning car etc

    Do it in writing, get Proof of Postage.

    https://www.citizensadvice.org.uk/co...edit-provider/

    Comment


    • #3
      I am concerned that it took 2 months after the car was returned to you with a "repaired" faulty gearbox before dealer C looked at the gearbox and told you it needs replacing.
      You stated you needed a car for the school run. Did you continue to use the car after the judder recurred?
      In a court claim the defendant may argue that recurrence of the fault should have been reported to him straight away. The repair by the gearbox specialist could have had a short time guarantee which has now expired. The defendant may also argue that by continuing to drive the car with a judder caused the gearbox to fail beyond repair, so a lot more expensive (new gearbox)repair is now required
      You are going to need a diagnostic report on the faulty gearbox by an independent motor engineer before rejecting the car under CRA

      Comment


      • #4
        Could you add actual dates to the events in post 1, in a chronological order..

        I.E. a) 20th March 2024 Bought car
        b) 21st March 2024 Car brokedown
        etc.

        Comment

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