Main Dealer Broke My Car - Law on Returning A Car
Discussion
Hoping someone can help.
Recently bought a car via a main dealer (approved used). Car was 250 miles away but perfect spec.
Didn't view it, bought it and had it delivered to my door. Pre order, i had a video of the car running fine and a walk around of the vehicle.
Order was placed and £500 deposit paid on the 18/2/2017
Order Form is dated 18/2/2017
Balance was paid on 21/2/2017
Car was delivered on 27/2/2017
Car looks to be in fantastic condition and meets everything I want. Aside for the fact, i jumped in it for the first time, started it only to get an EML light. Drove it 450 yards, ran like a bag of spanners, reported it and alerted the dealer immediately.
They asked that the car is recovered into a main dealer (local to me) for diagnostics and they would sort it.
Had the car recovered to a local dealer who has done diagnostics.
Turns out the main dealer, pre delivery put petrol in instead of diesel.
Got a call this morning saying they can either repair it or give me my money back. I've said i want it repaired.
This afternoon, the local dealer came up with an estimate of £9600 to fix.
Got another call, saying it's uneconomical to repair, therefore they are going to arrange a refund, & take possession of the car (I seemingly don't have a choice in the matter).
I don't want to return the car and have a refund, I want my car fixed. They've admitted it was their fault and I want my car sorting or a like for like replacement. Unfortunately, there's non within the network with similar mileage and spec. They are saying that the goods weren't fit for purpose, and shouldn't of be sold, so it's within their rights as it's within the first 14 days.
Legally, i'm certain that I own the car and it's my property. I took delivery of it, but did report the issue within 450 yards of driving off.
Therefore, i want to know where i stand exactly and what i can do. They aren't interested in compensation. There's no other cars the same or comparable spec as my car without me paying 5k more, they just want to force me to hand it back and take a refund.
The car company in question, aren't interested in my complaint as it isn't a new car. They have said it's down to me and the dealer to sort it.
Can anyone show me the laws governing all of this, and advise on my legal position. I've left a message with one of the solicitors i use for work, but i'm trying to do some reading myself this evening. I'm livid about the situation, and think that there's game playing going on so they can have the car back, fix it (probably new filters and brim the tank of diesel) and shift it on into an auction, to break even, minimise their loss rather than pay to fix it and leave it as mine.
Any help is appreciated.
Recently bought a car via a main dealer (approved used). Car was 250 miles away but perfect spec.
Didn't view it, bought it and had it delivered to my door. Pre order, i had a video of the car running fine and a walk around of the vehicle.
Order was placed and £500 deposit paid on the 18/2/2017
Order Form is dated 18/2/2017
Balance was paid on 21/2/2017
Car was delivered on 27/2/2017
Car looks to be in fantastic condition and meets everything I want. Aside for the fact, i jumped in it for the first time, started it only to get an EML light. Drove it 450 yards, ran like a bag of spanners, reported it and alerted the dealer immediately.
They asked that the car is recovered into a main dealer (local to me) for diagnostics and they would sort it.
Had the car recovered to a local dealer who has done diagnostics.
Turns out the main dealer, pre delivery put petrol in instead of diesel.
Got a call this morning saying they can either repair it or give me my money back. I've said i want it repaired.
This afternoon, the local dealer came up with an estimate of £9600 to fix.
Got another call, saying it's uneconomical to repair, therefore they are going to arrange a refund, & take possession of the car (I seemingly don't have a choice in the matter).
I don't want to return the car and have a refund, I want my car fixed. They've admitted it was their fault and I want my car sorting or a like for like replacement. Unfortunately, there's non within the network with similar mileage and spec. They are saying that the goods weren't fit for purpose, and shouldn't of be sold, so it's within their rights as it's within the first 14 days.
Legally, i'm certain that I own the car and it's my property. I took delivery of it, but did report the issue within 450 yards of driving off.
Therefore, i want to know where i stand exactly and what i can do. They aren't interested in compensation. There's no other cars the same or comparable spec as my car without me paying 5k more, they just want to force me to hand it back and take a refund.
The car company in question, aren't interested in my complaint as it isn't a new car. They have said it's down to me and the dealer to sort it.
Can anyone show me the laws governing all of this, and advise on my legal position. I've left a message with one of the solicitors i use for work, but i'm trying to do some reading myself this evening. I'm livid about the situation, and think that there's game playing going on so they can have the car back, fix it (probably new filters and brim the tank of diesel) and shift it on into an auction, to break even, minimise their loss rather than pay to fix it and leave it as mine.
Any help is appreciated.
king up 
Take the money and quit while you're ahead!I can't see you getting the car.
They aren't going to spend £1000's fixing it.
They aren't going to do a minimal fix (filters and tank) because they can't get out of their obligations in law for further issues.
I'm assuming the quote includes new fuel pump, pipes and injectors?
You could just watch for it at auction if you're willing to take the risk of the high pressure fuel system. Maybe talk to an auction buyer.
They aren't going to spend £1000's fixing it.
They aren't going to do a minimal fix (filters and tank) because they can't get out of their obligations in law for further issues.
I'm assuming the quote includes new fuel pump, pipes and injectors?
You could just watch for it at auction if you're willing to take the risk of the high pressure fuel system. Maybe talk to an auction buyer.
Arbs said:
Petrol in diesel will not cause an uneconomical repair! At worse, injectors, fuel filter and a couple of house labour! Would love to know where they got £9600 from!
New tank, lines, seals, filters, fuel pump among other bits was what they listed on the phone I've asked for a detailed breakdown but to no avail as of yet.
madmover said:
Arbs said:
Petrol in diesel will not cause an uneconomical repair! At worse, injectors, fuel filter and a couple of house labour! Would love to know where they got £9600 from!
New tank, lines, seals, filters, fuel pump among other bits was what they listed on the phone I've asked for a detailed breakdown but to no avail as of yet.
I wonder if this is the first time that's been said that way around!Arbs said:
Petrol in diesel will not cause an uneconomical repair! At worse, injectors, fuel filter and a couple of house labour! Would love to know where they got £9600 from!
They don't want any future liability coming back to bite them on the arse.Modern, high-pressure common rail diesels can be trashed by petrol in very little time - many fuel components (in particular the pump) need the lubrication of diesel to prevent damage. Some components can be terminally damaged in minutes - and high pressure fuel pumps are very expensive.
It's all down to mitigating their loss. How much did the car cost? Just think about it being involved in an accident before it was delivered to you. If it was damaged enough to be written off, then it would have been written off and the invoice price being refunded to you. It's the same in this situation.
Their liability can not be made to exceed the value of the car. I think they are being upfront, honest and reasonable.
Best option, take the refund.
If that's not palatable ask main dealer what they will do with the car if it's uneconomical (answer will be auction). Ask them how much they expect to get and offer to buy it as a non-runner with no warranty. Get it fixed yourself. It won't cost £9600 at an indie.
Last option get an independent quote. Negotiate with main dealer will pay out for a cheaper repair. They're not going to be keen. If something goes wrong in 6 months time, who's responsible?
Best option, take the refund.
If that's not palatable ask main dealer what they will do with the car if it's uneconomical (answer will be auction). Ask them how much they expect to get and offer to buy it as a non-runner with no warranty. Get it fixed yourself. It won't cost £9600 at an indie.
Last option get an independent quote. Negotiate with main dealer will pay out for a cheaper repair. They're not going to be keen. If something goes wrong in 6 months time, who's responsible?
KungFuPanda said:
It's all down to mitigating their loss. How much did the car cost? Just think about it being involved in an accident before it was delivered to you. If it was damaged enough to be written off, then it would have been written off and the invoice price being refunded to you. It's the same in this situation.
This, absolutely.Consumer protection legislation gives you the right to push for a refund.
But that's not what's happening here.
Consumer protection legislation is irrelevant.
In effect, they've taken it off the shelf, gone to hand it to you, and discovered it's broken. You cannot force them to mend it and sell it to you anyway. It is simply no longer available for you to buy.
If you want it so badly, watch Copart. It'll probably be appearing there soon enough.
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