Back story is I bought a car early April and it's had lots of issues since. Bought from a garage that sells a few cars as opposed to a dedicated forecourt. Does that make any difference?

So after about 3 weeks I contacted them saying I wanted my money back as it wasn't fit for purpose. They argued I should give them chance to fix it FOC so I relented as the car is OK aside from the issues.

They had it a week, assured me it was sorted and sent me on my way.

Few weeks later and it's just as bad, even after I've shelled out on servicing and a couple sensors. So just tried calling them again and awaiting a ring back from the manager. Now I hazard I'll be fobbed off again when I ask for it fixing but fixing right.

What/where do I look regards trading standards and/or small claims? I'm angry now as I've been handed a lemon and the garage won't play ball. If I've done something untoward id take the hit on the chin and move on. But I think I've been fair and reasonable.

Advice welcome, cheers.

(Apologies for poor grammar and spelling, writing this on my phone walking to work).

 

Might be that because you allowed them to try and fix it, you've foregone any rights to reject it now.
The fact that you have done things to it yourself also makes me think the same.

 

As the law stands, they should be given the chance to put it right. If they fail to do so, then you are entitled to a full or partial refund.

Also, as second hand car dealers, they have a code of practice they should adhere to in order to keep them on the correct side of they law.
http://webarchive.nationalarchives.g...08/oft1241.pdf

 

Scunnered, after a couple of weeks I called them and explained I wanted the car fixing or refunding. I mentioned trading standards then when they were hesitant. They agreed they should have a chance to rectify the issues which I was happy enough with.

They had it a full week (Friday-Friday) and from what I've seen did nothing apart from a Terra clean engine flush. Other issues were still there when I drove off and realised they hadn't been sorted, or became faulty again on th drive home.

That link may become very useful, thankyou. I've been asking around at work this afternoon for a recommended garage locally (I'm in Scunthorpe, car bought from Wakefield) who know their Fords who could at least diagnose the main issue so I have something to arm myself with.

Also worth mentioning that no receipts or proof were shown anything was done to the car when they had it for that week. Hindsight and idiocy on my part that I agree.

 

I tried to reject it the first time I called them, Jeff, after about 20 days. The conversation nearly got heated them and I compromised to let them have it back for a few days to supposedly fix it.

I feel I've been very naive and bought an absolute lemon of an otherwise usually reliable car. I am unbelievably annoyed with myself for allowing it, especially if nothing on my part can be done legally.

 

Sorry to hear this, COB. I'd be lying if I said I was completely au fait on this topic, but I do know that trading standards are about as much use as an ashtray on a motorbike and you'll likely get nowhere with them. If you paid on card, you could investigate whether you're eligible for a chargeback. Good luck!

 

I think you have done the right thing - which shows you just haven't had a change of heart regarding your purchasing decision. I rejected a car many years ago, it was a mazda 3 which would intermittently decide not to accelerate - the garage were given two opportunities to repair it, the first was a short visit to the dealer where they replaced a sensor or two, on the second occasion they had the car for 3 weeks, as I told them I didn't want it back until they were sure it was fully repaired. When the same problem returned, I told them I was rejecting the car as it was unsafe. There was no argument and no aggravation - I was given the option of a full refund or a replacement car.


I think the process hangs on reasonable behaviour - it is reasonable to allow the garage / dealer to remedy the problem - if they can't and you choose to reject the car they should put you in a no-worse off position than before you bought the car. If they get slippery about it, make sure your dealings are in writing, with the owner / General Manager of the business.

 

If you need some more help on this, you can also try here:

http://www.honestjohn.co.uk/forum/threads.htm?f=12

 

We had this problem a couple of years ago with a garage bought Audi 80 vert.
After speaking to various agencies we had to give the garage or they had to have 3 chances to fix any issues.
It was fixed on the third issue but by that time the Mrs had lost all confidence in the car and garage.
Any correspondence needs to be recorded in case the situation does end up at small claims.

 

Scunnered is right in this regard. What you need is to find a local free legal advice agency and take this to them. It used to work off the Sale of Goods Act but as of last year this has now changed to the Consumer Rights Act (although they're very similar) and as such, it's quite legal and can become complicated.

It won't matter if they claim to be a sole trader or not as this is quite easy to prove.

Trading Standards can sometimes be used as a scare tactic, but they are quite slow and sometimes not at all helpful.

As I said, my suggestion would be to find a free legal advice agency local to you. This could be a free surgery that solicitors sometimes use to gain business or a local university may have a legal clinic (all work is checked by qualified solicitors.) Be careful not to go to an advice agency that deals with legal aid only (unless specifically stated and check first), as they tend to only deal family, employment, discrimination and immigration matters.

 

What faults are on the car

 

*** lighter won't click down and radio only tunes into radio 4........I'd burn the ******

 

As mentioned above, if they are a business then they are governed by the Consumer Rights Act (CRA). You have reported the faults within a reasonable time and offered them the opportunity to rectify the fault, at an inconvenience to yourself. You now need to write to them rejecting the vehicle as not "fit for purpose," sent by recorded mail and give them a reasonable time to respond (72 hours) listing all of your contact details. Explain that you wish to return the vehicle for a full refund.

In the meantime I would ask a local garage to assess the issue and provide you with a report quoting the cost to fix it, this will act as your independent specialist and the cost should be asked to be recovered along with the refund.

As long as the vehicle is faulty should be a fairly straightforward case.

 

You still with us Andy?

 

Hi guys, sorry I've had my son this weekend so not been on the internet much.

I've tried calling the garage to be told the chap isn't there or is in and out all day.

There is a local garage who know Fords very well so this is an option if needs be. I'm not going into details on the faults in the public forum until it's sorted one way or another. But if I had the other garage do the work, is there a way to claw the money back if we're talking a large amount (few hundred quid?)

 

I'd think not.

It's up to the selling garage to put it right.

Just do as has been suggested and write now, recorded delivery, formally rejecting the vehicle and asking for your money refunded. Give them 72 hours to reply.

TBH, you've done your bit.

 

After trying to get hold of them again and speak to someone who can help, I am going to do the above today. Sunday the battery went, no issue, £55 and swapped for a new one. Nope, alternator shagged. So add that to the other issues and I think I'll be lucky to have change out of £700 once diagnosed.

I've even tried email and Facebook to contact them.

So a short, handwritten letter (with a copy) is being sent today. Whether it makes one jot of difference I don't know. Any advice on how to word it and anything to include is more than welcome, cheers.

 

Well yesterday afternoon was interesting...

I got a bit arsey with the garage and lack of contact or willingness to help me out with the car issues. So I sent a snotty email, found their Facebook business page and left an even spottier review. An hour later I receive a text from the sales manager stating he's been on holiday, wasn't happy about my post and email and that the mechanic could've sorted any issues. Anywho, a bit of an exchange was had over the phone whilst walking home from work on 6-2, and I agreed to give them another chance at fixing the car. Mainly as the previous time they had it for a week, I got no proof of any work done, and like a plum accepted it back.

So I booked a train ticket for me and my 5 year old to get back from the garage to Scunthorpe and was going to drive there.

Got home and had a quick wash, then set off to the garage (55 miles away). Everything was going ok (or as well as it could do given the issues) until half way between J30-31 on the M62 and the dashboard lit up like a Christmas tree and I lost all power. So there I was stranded on the hard shoulder, in the pi££in rain with an upset 5 year old. Total loss of power.

A quick call to the garage and I was promised their recovery truck would come pick me up ASAP and a very apologetic sales manager. The major issue I had was I was straddled across the hard shoulder after struggling to negotiate 3 lanes of rush hour motorway with a slowing car, plus right after the crash barriers, there was a 45degree verge approx 15-20 feet down, so I had no safe haven to stand. A slightly embarrassed call to the emergency services and a highway officer turned up shortly after to park behind me as I didn't even have power for the hazard lights. Highways agency called too in the bedlam to say they had me on camera and had reduced the speed limit whilst I waited for recovery.

My upset son was now happily cheerful talking to the nice policeman and within an hour or so the car was recovered on the back of the flatbed that turned up. We got to the garage at about 5pm and let's just say the sales manager was very sheepish and apologetic. I wasn't happy as can be imagined, I was arseholed from being at work anyway and sorting my son out, then all this too but I discussed what was wrong and insisted I will not accept the car back until fixed. There was even a little chunter from him that if it can't be fixed a refund may be on the cards but we will see.

So I dumped the car off with him and was assured it wouldn't be another week like last time - we'll see I guess! 10 minute walk to the train station, two trains home with an excited Isaac and I got home for about 7.30.

Quite an interesting afternoon

Let's see what happens, eh?!

 

so they didn't even give you a car to use while it's being fixed? I would be looking for compensation for out of pocket expenses too as you should have the use of your car and not have to pay extra to use public transport etc.

 

Personally I'd would steer well clear of the word "compensation". As knowing used car dealers they will just shut you down, stop all work on the car and say "see you in court". Then you'll have wait months and months for the legal system to sort it out.

My advice is if there is a light at the end of the tunnel be it a fixed car or a refund, keep the dealer sweet. Be assertive on what you want and keep pushing them for a resolution. By all means ask if there is a car they can loan you.

 

This is it Ali and Paul, luckily I walk to work anyway and live within 300 metres of my ex and son. Even walking home with a fortnightly shop was 1/2 a mile so not too bad. Shoulders ache though

But I'll be writing down the costs I've shelled out if/when it comes to a refund as I'd hazard I'll not get the full value what I paid back as I've done 2-2,500 miles in it in these two months.

For the record they're not actually a dealer/forecourt. It's a small independant repair garage who have 3-4 cars for sale outside.

 

I don't think it's been asked or answered yet, and I'm sure a lot of us are dying to know - what kind of car is it?

 

a fvcked one by the sound of it

 

yeah, aside from the obvious

 

It's a little Ford Fiesta.

 

ST?

 

Hopefully a decent update now. The garage sales manager texted me ( ) earlier stating the cars fixed. Nothing apart two major issues but one electrical issue is fixed!

Said he was prepared to offer a cash refund a couple hundred quid less than I paid. After a snotty "what the ****" reply noting my outlay, inconvenience and time wasted over two months, we settled on a figure (via text still) near to my purchase price.

Now unfortunately he doesn't have the cash until June 14th but has assured me we have a deal. Can a text be used as evidence? He offered to lend me my car back for a week, and after I picked myself up off the floor, I politely declined. If it means getting shot of this heap of ****e, I will wait until then.

Or a question I have; if I have assurance and proof via text that the car will be bought back, would I be monumentally stupid buying a replacement on a credit card to pay off when I am refunded.

Cheers.

 

Hopefully a decent update now. The garage sales manager texted me ( ) earlier stating the cars fixed. Nothing apart two major issues but one electrical issue is fixed!

Said he was prepared to offer a cash refund a couple hundred quid less than I paid. After a snotty "what the ****" reply noting my outlay, inconvenience and time wasted over two months, we settled on a figure (via text still) near to my purchase price.

Now unfortunately he doesn't have the cash until June 14th but has assured me we have a deal. Can a text be used as evidence? He offered to lend me my car back for a week, and after I picked myself up off the floor, I politely declined. If it means getting shot of this heap of ****e, I will wait until then.

Or a question I have; if I have assurance and proof via text that the car will be bought back, would I be monumentally stupid buying a replacement on a credit card to pay off when I am refunded.

Cheers.

 

I think a text is as good as anything else for proof of agreement.


Only you can decide on buying another on the credit card.

 

I hope it works out for you, but how can they not have the money? you must have paid for the car and is the business run that lean they have no capital?

I would be a little nervous that they may wind the business up on the 13th and you will lose it all.

One thing to not do is sign the bad car over to them until you get your money as if they do go bump you still own the car so should be able to recover it and at least you wont have lost everything.