Used Car Nightmare

dominicp · 28th June 2009, 10:14

Hello all,

One month ago I purchased an X-reg Clio from a local independent dealership. Last night, the engine lost power while travelling on a motorway, forcing me to pull over on the hard-shoulder and pay a substantial sum of money to recover the car. It wasn't a case of a 'one-off' issue, because I had noticed earlier in the day a slight lack of forward momentum as I pressed the throttle, but that went away as soon as I changed gears and it wasn't noticeable enough to concern me greatly at the time.

It should be noted that the car has already had two other issues - the throttle cable snapped (but this was a wear-and-tear part), which I paid for an authorised dealer to obtain and replace, and the battery had lost charge one morning when I came to the car (my insurer covers a recovery van and short-distance movement, so I had it charged for free).

At this stage, I am not happy to keep driving the car, and I know the dealer has substantial responsibilities under the Sale of Goods Act. I would prefer not to have the hassle of refunding this car and then buying a new car elsewhere, though I am prepared to do so if necessary. My preferred solution would be to get the dealer to agree to pay for an inspection and repair of the car at an authorised dealer.

My question, therefore, is what exactly I can force the dealer to do. I am not happy for them to 'have a look at it' since this is a potentially dangerous issue and one they might not fix properly, only for issues to haunt me down the line. Can I insist on an authorised dealer or else a refund? And, importantly, do I have a chance of reclaiming my costs of delivering the vehicle to them (I had it recovered to the dealership) and the previous cost of replacing the throttle cable?

I am prepared to go to a lawyer at some stage, but again I am not sure it this will be worthwhile on cost. I would rather get less of what I want (eg, no refund for recovery) than actually have to take them to court. The priority is to have the car professionally and independently looked at and repaired.

I'm dory that was a long post. Suggestions would be hugely appreciated and I'll reply to any clarification questions in minutes.

Thanks so much,

Dom

Conniff · 28th June 2009, 11:28

It is up to the dealer at this time to show you there is no fault with the car. They also should be given the first oportunity to do any repair. Only on failure of that repair will you be entitled to take it elsewhere for repairs and to probable compensation.

There is nothing to stop you going to a main dealer and paying for a diagnostic so that you are prearmed when the seller takes a look. He may take it to a dealer anyway if he can't fix it.

So the short answer to your question is no, the seller should be given first chance at a repair.

dominicp · 28th June 2009, 11:42

Quote:

Originally Posted by Conniff

It is up to the dealer at this time to show you there is no fault with the car. They also should be given the first oportunity to do any repair. Only on failure of that repair will you be entitled to take it elsewhere for repairs and to probable compensation.

There is nothing to stop you going to a main dealer and paying for a diagnostic so that you are prearmed when the seller takes a look. He may take it to a dealer anyway if he can't fix it.

So the short answer to your question is no, the seller should be given first chance at a repair.

Thanks. Could I still just do a chargeback with VISA since the goods I purchased were faulty? It could be a helpful option if it sounds like they won't take it seriously. I can't afford a diagnostic, and don't want to run the risk of driving it there.

Thanks

Conniff · 28th June 2009, 11:48

No you can't just do a chargeback, that would be the same as just changing your mind. The CC co won't just refund without contacting the dealer.
You will have to contact the dealer with your problems first. He may tell you to take it somewhere local to you if you live some distance from him.

If the dealer refuses to fix it, and you can show there is a fault (written report), then the CC co can be contacted.

You could, on the other hand, reject it if you feel you have grounds to do so. You would need a good reason and lack of power is not reason on it's own. A fault is a reason and as yet you haven't established any fault, just a sudden loss of power.

Again, if you want to pay for an independent assessement and get a written report, that would assist a rejection if it shows the car is not of satisfactory quality or fit for purpose.

28th June 2009, 10:14	#1 (permalink)
dominicp Basic Account Holder Watch out, there are Claims Touts about! Cagger since : Jun 2009 Posts: 8	Used Car Nightmare Hello all, One month ago I purchased an X-reg Clio from a local independent dealership. Last night, the engine lost power while travelling on a motorway, forcing me to pull over on the hard-shoulder and pay a substantial sum of money to recover the car. It wasn't a case of a 'one-off' issue, because I had noticed earlier in the day a slight lack of forward momentum as I pressed the throttle, but that went away as soon as I changed gears and it wasn't noticeable enough to concern me greatly at the time. It should be noted that the car has already had two other issues - the throttle cable snapped (but this was a wear-and-tear part), which I paid for an authorised dealer to obtain and replace, and the battery had lost charge one morning when I came to the car (my insurer covers a recovery van and short-distance movement, so I had it charged for free). At this stage, I am not happy to keep driving the car, and I know the dealer has substantial responsibilities under the Sale of Goods Act. I would prefer not to have the hassle of refunding this car and then buying a new car elsewhere, though I am prepared to do so if necessary. My preferred solution would be to get the dealer to agree to pay for an inspection and repair of the car at an authorised dealer. My question, therefore, is what exactly I can force the dealer to do. I am not happy for them to 'have a look at it' since this is a potentially dangerous issue and one they might not fix properly, only for issues to haunt me down the line. Can I insist on an authorised dealer or else a refund? And, importantly, do I have a chance of reclaiming my costs of delivering the vehicle to them (I had it recovered to the dealership) and the previous cost of replacing the throttle cable? I am prepared to go to a lawyer at some stage, but again I am not sure it this will be worthwhile on cost. I would rather get less of what I want (eg, no refund for recovery) than actually have to take them to court. The priority is to have the car professionally and independently looked at and repaired. I'm dory that was a long post. Suggestions would be hugely appreciated and I'll reply to any clarification questions in minutes. Thanks so much, Dom

28th June 2009, 11:28	#2 (permalink)
Conniff Gold Account Holder Free trial on our eBay auction sniper Cagger since : Mar 2007 I am in: the computer room. Posts: 5,933	Re: Used Car Nightmare It is up to the dealer at this time to show you there is no fault with the car. They also should be given the first oportunity to do any repair. Only on failure of that repair will you be entitled to take it elsewhere for repairs and to probable compensation. There is nothing to stop you going to a main dealer and paying for a diagnostic so that you are prearmed when the seller takes a look. He may take it to a dealer anyway if he can't fix it. So the short answer to your question is no, the seller should be given first chance at a repair. __________________ Please sign this petition to No10 - http://petitions.number10.gov.uk/adventcomputer/ Don't look down on anyone unless you're helping them up. _________________________ _____________ If my posting has been of any assistance - please tip my scales. _________________________ ___________________ Make a Report to Consumer Direct Here Poll: Who will you vote for in the next General Election? · Labour · Conservative · Liberal · Other · (Results)

28th June 2009, 11:48	#4 (permalink)
Conniff Gold Account Holder Protect your signature with SignGuard Cagger since : Mar 2007 I am in: the computer room. Posts: 5,933	Re: Used Car Nightmare No you can't just do a chargeback, that would be the same as just changing your mind. The CC co won't just refund without contacting the dealer. You will have to contact the dealer with your problems first. He may tell you to take it somewhere local to you if you live some distance from him. If the dealer refuses to fix it, and you can show there is a fault (written report), then the CC co can be contacted. You could, on the other hand, reject it if you feel you have grounds to do so. You would need a good reason and lack of power is not reason on it's own. A fault is a reason and as yet you haven't established any fault, just a sudden loss of power. Again, if you want to pay for an independent assessement and get a written report, that would assist a rejection if it shows the car is not of satisfactory quality or fit for purpose. Last edited by Conniff; 28th June 2009 at 11:52.