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Please help me

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  • Please help me

    I bought a car in Dec 2023 from a dealership. Due to bad credit (husband had poor mental health and wracked up debt before he passed), I used SMF and I'm paying a lot for the car. I understand and accept this as a car is essential to me due to where I live.

    On the day they delivered the car to me, the DPF warning light came on while THEY were driving it - so I asked them to take it back to repair, which they said they did.

    The next day the light was back on. They took the car and said it was due to the filler cap being open (nonsense).

    This continued to happen and then the battery warning light came on to say it wasn't being charged. I told them it needed a new alternator. They took the car, had the battery tested and told me it was all fine. The next day I had my own diagnostics done which showed the battery was not charged. I told the company I couldn't get it booked in to the garage to be repaired, they said they were happy to let me drive it as their tests said it was fine. It then broke down and had to be recovered where - surprise - it needed a new alternator. They supplied me with a courtesy car for the next 3 weeks.

    Since then, there were multiple issues with the DPF so the dealership agreed to pay for the DPF to be removed.

    It then developed an oil leak which I informed him of in February - I kept him updated the whole time - it wasn't clear what was causing the oil light or leaks. I had the housing/pipes replaced at my cost, but the oil continued to leak.

    I then took it to the mechanic again today as the car had started to smoke - it's the turbo, which is why the oil is leaking - it's not leaking out, it's being pulled in.

    I phoned the dealership as he hadn't replied to my last 2 emails about the oil leak and he told me he is not willing to pay for the repairs (anything from £800-2000 depending on if new or reconditioned). He told me there couldn't possibly be any issues as the car has done 9000 miles since I've had it, and I've had it 7 months now - despite me telling him about the oil leak months ago.

    He has me over a barrel because I've been using the car, but as he is well aware, I have no choice. I live rurally, which means public transport to work and to my brother (caring duties) is not affordable or realistic, he also knows I am a widowed single parent earning a low salary so I can't afford a new car or hire car.

    However, I told him about the issues in February. This means it was under his own warranty and only 2 months after I had the car (of which he actually had it in the garage for 4 weeks of that!)

    The finance company are due to call me back this afternoon, but I don't know where I stand legally.

    The car is getting worse so cannot realistically keep being driven - I need it either repairing urgently or replacing, as I can't be without a car. I have no money at all, and no possibility of getting any money either.

    Basically a turbo can continue to run until it seizes the engine - that could be days, weeks or months - there's no set amount of time it will run. Eventually it will go, and when it does, the engine will be destroyed. So yes it can and has been driven for months, and could possibly be driven for months more - but the dealership is adamant that it is a 'new' problem.

    I am really distressed and the dealer basically told me to take it up with the finance company as he won't discuss it with me anymore.

    What can I do? I have already spent £800 on a cambelt and brakes which maxed out my credit card but were essential maintenance, I have tried my best to do what I can, but the turbo is not my fault and the dealership says nobody will even consider looking at the car when it's done 9000 miles since I've had it. Total mileage 119k.
    Tags: None

  • #2
    Hi
    Welcome to LB
    Sorry to read about the problems with your car
    My advice is to prepare yourself for the phone call with the fc this afternoon
    Make a list of all the dates the faults with the car appeared, the dates it went back to the garage and the amount of time the garage kept the car (you suffered inconvenience without transport)

    Unfortunately I can't say whether you have any legal rights to ask the fc for a refund, free repair or replacement vehicle. You have been driving the car with a smoking engine since February. Has your brother used the car to carry out home visits as part of his paid employment?

    Comment


    • #3
      Collate as much evidence as you can of the defects with the vehicle that became apparent within the first six months after purchase. The Consumer Rights Act 2015 contains a presumption that defects arising within 6 months after purchase were present at point of purchase. Emphasise this to the finance company.
      Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

      Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

      Comment


      • #4
        I have caring duties for my brother, I see him weekends to care so I don’t know what you mean by his employment? Sorry

        the smoking didn’t start until a couple of months ago, I had the oil housing changed thinking it was that, but it wasn’t, the smoking then got worse and worse.

        i spoke to the finance company who said they will be sending an independent mechanic to inspect the car after they have spoken to the dealer, she was lovely about it

        i had the car from 11 dec, though they had it throughout January due to the DPF issues, i then had it back and it had further issues with the DPF which were finally resolved on 1 March. I suspect the blocked DPF may be what damaged the turbo, as this is a common cause. If this is the case, are they still liable? As technically the DPF caused the turbo fault but they fixed the DPF issue eventually?

        I have made a list of all the problems and the dates. I’m so glad I emailed rather than phoned for most of the time!

        Comment


        • #5
          Originally posted by abelpink View Post
          …Since then, there were multiple issues with the DPF so the dealership agreed to pay for the DPF to be removed….
          Just as an FYI:
          https://www.rac.co.uk/drive/advice/e...ulate-filters/
          Is it illegal to remove a diesel particulate filter (DPF)?
          Yes, it is illegal. Owners face fines if caught (up to £1,000 for cars and £2,500 for vans) and removing a DPF can also invalidate your car insurance policy.

          Comment


          • #6
            If you don't hear back from the fc today about a date for the mechanic's visit, my advice is to phone the company again, request a date, and then write to the fc confirming the contents of the conversation

            Comment

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