Hello - need help re. REFUND for 7 day old car

[Kuler]

Last Tuesday 19th Feb I bought a 2nd hand car from a dealer - Nissan Terrano 70,000 miles, £4000.
I drove it 90 miles back home where it stayed until the Thursday when my wife took it to our local town, 8 miles away.
On that short trip it stopped 5 times and she managed to get it to our own garage.
My garage costed the possible bill as being anything up to £1300.00 for a fuel injection pump with labour.

The dealer has told me it can be done for £300.

I've lost faith in the dealer and am wanting a refund but he just wants the vehicle back so that he can look at himself, make sure that "no dodgy work" is going on etc etc.

As for a refund, that seems a million miles away.

So, is the dealer legally compelled to give me a full refund if I ask for it or do I have to allow him the chance to repair the fault and return it to me ?

Thanks

Kuler

[gravytrain]

Re: Hello - need help re. REFUND for 7 day old car

http://www.which.co.uk/consumer-rights/problem/the-second-hand--car-i-bought-has-a-problem/

I bought my second hand car from a dealer

When you buy a second hand car from a dealer, you have the right, under the Sale of Goods Act, to expect the car to:

• be of satisfactory quality (taking into account its age and mileage)
• meet any description given to you when you were buying it ( whether in the advert or in discussions prior to sale)
• be fit for the purpose (for example, to get you from A to B safely).

If the second hand car does not meet these requirements, you have a right to claim against the dealer for breach of contract.
If something you buy is not 'as described', or if the seller is guilty of misrepresentation, you are entitled to:

• give the second hand car back and get your money back, or
• if you want to keep the car, ask for compensation (usually the cost of any repairs it needs)

But, if you buy a second hand car that was not described as being in excellent condition or good working order, and it breaks soon after you buy it, you don't have any right to reject it, or to claim compensation.

[Kuler]

Re: Hello - need help re. REFUND for 7 day old car

Many thanks Gravytrain

The vehicle was certainly sold as fit for purpose - details still available on their website page .

I'm looking at returning it tomorrow (back of RAC truck at cost of £270) and on arrival receiving a full refund.

Later today I'm sending via recorded delivery a letter requesting a refund under the SOGA 1979 / not of satisfactory quality. I'm considering addressing it to the MD rather than the named garage - is that the right way round or should I address it only to the garage ?

The dealer/salesman seems to doubt my garage's claim of work needing to be done so is he in a position where he can demand to inspect the vehicle prior to giving a refund ?

ps this business appears to have 1 salesman and 2 other employees who simply clean the cars once bought.

[wales01man]

Re: Hello - need help re. REFUND for 7 day old car

Not an expert on this but turning up demanding cost back plus 270 quid might wind them up a bit i would be inclined to take full and proper legal advice there have been many similar threads on here

[Kuler]

Re: Hello - need help re. REFUND for 7 day old car

Thanks Wales

I never thought something so black and white could turn out to be so complicated.
Even Consumer Advice are giving differing advice - one person says I'm entitled to a refund, full stop, while another tells me that I should allow the dealer the chance to repair the car, or else consider going through the small claims !

Meanwhile the warranty company told my own garage that they'll only honour the cost of a repair - £1300, if it's a mechanical problem, not wear and tear ...... what's the difference ?

I'm now looking at another local garage to give me a quote for repair, and of course it needs to be agreeable with the dealer if I want to keep away from the legal system.

Kuler

[gravytrain]

Re: Hello - need help re. REFUND for 7 day old car

SOGA is perfectly clear, the car is hardly "fit for purpose " if it won't go.

I think you should decide if you want to keep it or not, and take it from there. Personally i would take it back, and unless he offered my a very good deal, I would take the refund.

The problem with taking it to another garage is that it muddies the waters, they could say that either the repairer contributed to the fault or that they invoiced for work that was not needed, personally I would want the car to be in salable condition from the point of sale.

You didn't pay for this on a credit card by any chance did you ?

[Kuler]

Re: Hello - need help re. REFUND for 7 day old car

Thanks again Gravytrain

I'm now taking legal advice as to our rights. I agree that SOGA is clear, or at least to me it is, but when I'm getting conflicting information from Consumer Advice, I think the time has come to dip into my pocket and speak to my solicitors.

[gravytrain]

Re: Hello - need help re. REFUND for 7 day old car

Thanks again Gravytrain

I'm now taking legal advice as to our rights. I agree that SOGA is clear, or at least to me it is, but when I'm getting conflicting information from Consumer Advice, I think the time has come to dip into my pocket and speak to my solicitors.

Seems a shame that you have to fork out for a solicitor, anyway good luck and let us know how you get on.

[labman]

Re: Hello - need help re. REFUND for 7 day old car

Purely out of interest, please could you post a link to the Consumer Advice site where you are getting conflicting information.

Have you also looked at the Sales of Goods Act hub?

http://www.oft.gov.uk/business-advic...irly/sogahome/

Although aimed at businesses, it is very useful for consumers too.

[CleverClogs]

Re: Hello - need help re. REFUND for 7 day old car

The dealer's description "Drives like it should" is interesting.

Apparently, this is Ribblesdale dialect for "might be able to splutter for 100 miles before packing up".

[Kuler]

Re: Hello - need help re. REFUND for 7 day old car

Well things are happening though I'll only be happy when I see ££ in my a/c.
Received free legal advice from my solicitors when I spoke to someone specialising in consumer law.
Under SOGA we have the right to expect a refund etc etc which I fully believed we did, but wanted to be 100% certain of my facts.

I've spoken to the dealer and the following has been agreed, both verbally and, from me, in writing:

1. He will organise for the above vehicle to be collected from where it currently is.
2. I will meet the the cost of transportation which is £150.00.
3. Upon arrival at the dealership, the vehicle will be inspected for any damage. I have informed him that film was taken of the vehicle once a deposit had been made and that the same has occurred prior to it being collected.
4. Any damage which may occur as a result of transportation is the responsibility of the dealer.
5. The dealer or a party of their choosing to make an inspection of engine, prior to agreeing that there is indeed a problem and that the vehicle is not of satisfactory quality.
6. My garage, (an authorised Nissan repairer), to supply a report by the inspecting mechanic, detailing where the problem is and supporting the fact that no work has been undertaken by them.
7. NO permission is given for repair to be made of any description without the written consent of myself whilst I'm still the legal owner.
8. A REFUND via BACS into my account. Allowing for transport, delivery and inspection, this sum to be received by 8^th March 2013.

And that's about it - so far.

Re. Labman's question - the conflicting advice was verbal, rather than website, hence more confusion.

[CleverClogs]

Re: Hello - need help re. REFUND for 7 day old car

Will you subsequently raise with Trading Standards the matter of the description Ribblesdale gave of the vehicle?

[gravytrain]

Re: Hello - need help re. REFUND for 7 day old car

Well things are happening though I'll only be happy when I see ££ in my a/c.
Received free legal advice from my solicitors when I spoke to someone specialising in consumer law.
Under SOGA we have the right to expect a refund etc etc which I fully believed we did, but wanted to be 100% certain of my facts.

I've spoken to the dealer and the following has been agreed, both verbally and, from me, in writing:

1. He will organise for the above vehicle to be collected from where it currently is.
2. I will meet the the cost of transportation which is £150.00.
3. Upon arrival at the dealership, the vehicle will be inspected for any damage. I have informed him that film was taken of the vehicle once a deposit had been made and that the same has occurred prior to it being collected.
4. Any damage which may occur as a result of transportation is the responsibility of the dealer.
5. The dealer or a party of their choosing to make an inspection of engine, prior to agreeing that there is indeed a problem and that the vehicle is not of satisfactory quality.
6. My garage, (an authorised Nissan repairer), to supply a report by the inspecting mechanic, detailing where the problem is and supporting the fact that no work has been undertaken by them.
7. NO permission is given for repair to be made of any description without the written consent of myself whilst I'm still the legal owner.
8. A REFUND via BACS into my account. Allowing for transport, delivery and inspection, this sum to be received by 8^th March 2013.

And that's about it - so far.

Re. Labman's question - the conflicting advice was verbal, rather than website, hence more confusion.

Yes good idea take lots of picture of the bodywork prior to sending it back just in case.

[labman]

Re: Hello - need help re. REFUND for 7 day old car

Yes good idea take lots of picture of the bodywork prior to sending it back just in case.

A good thing to do is take the photos with a copy of that day's newspaper, so there is no way the photos could be false.