Faulty used car advice please

[Zippee]

Hi all,

I’m after some advice on behalf of a friend who’s having a pretty tough time of late.
She crashed her car start of December, insurance paid out etc and with a 5k budget, went out and bought an 08 Nissan Pathfinder (she’s a tree surgeon so wanted something a bit rugged) on 25th Jan from a used car dealer.
Car had around 134k on the clock and a decent MOT history.
Since purchase it’s been back to the dealer/they’ve sent someone out 6 times for various repairs since then, each time coming back worse (the last time they had it for a week). Then on 28th Feb whilst driving it caught fire from the engine bay.
Obviously she is fuming and doesn’t want the car anymore, I’ve yet to see it but it sounds an absolute shed. However, the garage are rubbing their hands of it, refusing a refund and being very difficult.
Can anyone give any advice on her options? She’s trying to get hold of trading standards but they are nigh on impossible to contact.
Does she have a right to a refund given the number of issues over such a short space of time? As it caught fire we feel they are trying to push her to claim on insurance – that has a large excess due to the previous accident and would then make 2 total loss claims on her policy in under 6 months so no way does she want to go that route.
As this is PH – she’s 25, a single Mum and been through a LOT of cr4p mentally over the last few years so really could do with a break. I’m incredibly worried about how this is affecting an already fragile mind and really could use some advice 😊

[anonymous-user]

She need to invest in a 30 minute session with a competent solicitor. Potentially she is protected by the Consumer Rights Act.

The difficulty she has is the value of the claim would put it in the Small Claims court. That means if she made a claim and used solicitors, she almost certainly wouldn't get her costs back, even if she won.

[Muzzer79]

Zippee said:

Since purchase it’s been back to the dealer/they’ve sent someone out 6 times for various repairs since then, each time coming back worse (the last time they had it for a week).

More info required

What has it been back to have done?

Zippee said:

Then on 28th Feb whilst driving it caught fire from the engine bay.

What was the cause of this fire?

What did the fire damage?

[Canon_Fodder]

OP your friend probably has a strong case for rejecting the vehicle. It's then another thing to get the vendor to accept that and pay which, as others have mentioned, may involve a small claims court process.

Private buyers have the very strong legislation of the Consumer Rights Act 2015 behind them. The article linked below gives a useful summary if you haven't already seen it or one similar

I suggest your friend starts off by writing down a detailed account of the entire process as when presented with this - along with a mention of the above legislation - the vendor will at least know your friend means business. Don't get emotional, don't use flowery language, don't exaggerate, don't go off on tangents - just set out the cold, hard facts. This can then also form the basis of their formal claim if necessary

Good luck

https://www.autoexpress.co.uk/tips-advice/34744/re...

[Lonely]

There's also these people if needs be - https://www.themotorombudsman.org

[mr rusty]

be careful - "she's a tree surgeon" - this sounds like a business (trade) purchase and may not be covered by consumer rights, depending on how it is played.

[Pegscratch]

Yep, solicitor time. I'd be very inclined to go the insurance route though; despite the excess it's the most likely to yield the best result.

Also, buy a cheap car if you're shopping with £5k and need something reliable, not something that's depreciated it's life away. Million year old Pathfinder which was hardly known for being rock solid in the first place is not a good used car purchase.

[helix402]

I’d claim on the insurance. A whole lot simpler.

[Zippee]

Thanks all.
Limited additional info but it went back for various electrical faults, replacement battery, head gasket, more electrical issues including causing the engine fire (out before any major damage done), new ECU etc. The vehicle wasn't burnt out hence to claim through insurance would be a repair with a £1250 excess (as mentioned she is young, has a claim for write off only a few months ago)
She is an employed tree surgeon so car only used to get to/from work rather than for business purposes.
Personally I was looking at cars for her much more suitable but she decided she wanted something big and chunky and went out and bought the Pathfinder - wouldn't have been my choice.
She is keeping all correspondence with the dealer in writing and has all issues, dates, times etc noted down. Also trying to get in touch with trading standards but no luck yet (work means she can only call at certain times).
How easy is it to instigate small claims for this sort of thing and aside from the initial claim fee would she potentially be liable for any costs?

[Pegscratch]

Zippee said:

Thanks all.
Limited additional info but it went back for various electrical faults, replacement battery, head gasket, more electrical issues including causing the engine fire (out before any major damage done), new ECU etc. The vehicle wasn't burnt out hence to claim through insurance would be a repair with a £1250 excess (as mentioned she is young, has a claim for write off only a few months ago)
She is an employed tree surgeon so car only used to get to/from work rather than for business purposes.
Personally I was looking at cars for her much more suitable but she decided she wanted something big and chunky and went out and bought the Pathfinder - wouldn't have been my choice.
She is keeping all correspondence with the dealer in writing and has all issues, dates, times etc noted down. Also trying to get in touch with trading standards but no luck yet (work means she can only call at certain times).
How easy is it to instigate small claims for this sort of thing and aside from the initial claim fee would she potentially be liable for any costs?

The claim fee when the dealer just bumps off the business and starts up in a new name.

I'm afraid if the dealer aren't playing ball then you can only help people so far. The best thing you can do in those situations is try help them again without saying "I told you so".