Unsuccessful repairs. wanting a full refund

[Guest]

I bought a car from a used car dealership but had problems with a judder felt throughout the car from the day i bought it. I took the car back for it to be repaired within 30 days of buying the car. The dealership kept the car for 1 month trying to fix it. Then returned it back to me with the same problem. 1 month later. The day after i got the car i phoned them back stating the repair is not fixed i want a full refund. What are my rights? Do i have the right of it being within 30 days or after 30 days rights?

[des8]

Hi

You have the right to reject the vehicle and claim a full refund.
You initially gave them the chance to repair the fault (which you didn't have to do) but they failed.
Re the 30day limit the time the vehicle spent with them is disregarded as the clock stops during that period.

How did you finance the purchase? Credit card/ HP or similar/ cash?

[Samboslicey]

Hi Des
Thanks for your reply. I payed it to they're paypal account by credit card.
When i asked yesterday for a refund they said they have spoke to they're legal team and they said because they have carried out repairs im not entitled to a refund and they said its out of the 30 days. (although i dont even think i have had the car for 30days in total even even now)
They said as a good will jester i can swap the car with another one they have. And pay the extra or get the money back if it was less. But there is none affordable or suited to me.
When i bought the car i bought 6 months extra warranty with momentum from the car dealer.
When i picked up the car i was told anymore problems go to them. But don't tell them they have carried out work. But for that i have to fork out for it to be fixed. Then try claim my money back.
Even tho i payed for this i have been left for a month with no car as they where fixing the car and ive not got through warranty company.
ive payed 2 months insurance and tax and lost out going to a gig id payed 300pound for tickets for as i had no car to get there.
when contacting them yesterday i was also told I have 1 week from yesterday to make my dissicion and have to decide if i want to keep the car or pick another by next monday.

[des8]

Well write (1st class with free certificate of posting from post office) to them.
Give details of your purchase eg date, vehicle and price.
Remind them you first delivered it to them on dd mm yy as it was unsatisfactory due to this judder.
They retained the vehicle until dd mm yy, which means you are still within the first 30 days following delivery.
On its return you discovered the fault had not been satisfactorily repaired so the vehicle was still unsatisfactory.
You are therefore rejecting it under your short term right to reject as per Consumer Rights Act 2015.
You require they collect the vehicle, and refund the full purchase price without undue delay

How much did you pay ?
What was the vehicle, age and mileage?

You can also make a section 75 claim against the credit card company if you paid the money into their paypal account directly and not through your own paypal account.
So write to credit card co.that you are claiming against them as per sec 75 of consumer credit act 1974, and enclose a copy of your letter to the dealer

[Samboslicey]

It was a bmw x3 se. 2004 plate and 151000 mileage i paid £2400 plus £150 for 6 months which was actually 5 months Momentum warranty

[Samboslicey]

23/07/2019

Dear Sir or Madam,

REFERENCE: X/X BMW X3 SE

I purchased and collected the BMW X3 SE from XXX on the 01/06/2019. At the point of purchase I paid £2400 plus £150 for 6 months Momentum Warranty.

The BMW X3 SE is not of satisfactory quality. The vehicle has a serious judder and a strong vibration which can be felt throughout the vehicle when accelerating. There is also a scrapping and squeeking noise when reversing. Because of these faults the vehicle is undriveable.

I returned the vehicle back to you on the 23/06/2019 within 30 days of purchase for the repairs mentioned above to be carried out. You had a substantial amount of time to carry out the repairs. On its return on the 21/07/2019 I discovered the faults had not been satisfactorily repaired and the vehicle was still unsatisfactory.

I contacted XXX the following day on the 22/07/2019 to inform you that the repairs where unsatisfactory and that I was rejecting the vehicle and that I wanted a full refund. As you retained the vehicle until 21/07/2019 this means I am still within the 30 days following collection.

I am therefore rejecting the vehicle under my short term right to reject as per Consumer Rights Act 2015.

The Consumer Rights Act 2015 makes it an implied term of the contract I have with XXX that goods be as described, fit for purpose and of satisfactory quality.

As you are in breach of contract and a previous attempt at repair has failed. I am within my statutory rights to ask for a full refund of the original cost paid.

I require you collect the vehicle, and refund the original purchase price without undue delay.

I await confirmation that you will provide the remedy set out above within 14 days of the date of this letter.

Yours faithfully,

DOES THIS SOUND OKAY??

[des8]

It is sufficient, But you can add that if they fail to reply in a satisfactory manner you reserve the right to initiate a court claim without further advice to them.

And don't forget the credit card company!