Rejecting A Used Car...
Discussion
My girlfriend bought a used Mini almost 3 weeks ago now. After a day or so we noticed the clucth was heavy and suffered clutch judder aswell as a grinding noise from the gearbox on idle. Aswell as this, the brakes squeal all the time and the key works sometimes.
Last week it went to Mini (different garage, same company) Who said there
is a clutch issue and it needed brakes.
They asked the garage to authorise the work and they declined and said they wanted to see it first.
It went in yesterday and came out with the brakes 'cleaned', a modulator for the key fitted and no fault found on the clutch and said the grinding is just the 'mechanicals turning'!
Drove it home and by the time we got back the brakes were sqealing again and only the spare key works. The clutch is juddering worse from last week and the gearbox is getting louder.
We phoned the service manager and said the clutch definitely isn't right and te brakes are still squealing and the key isn't working.
He's basically said he's done his bit and thats it.
The car is partially financed by Mini UK and the car was bought from a large dealer with a head office and hundreds of branches named after a man.
Where do we go from here? Sorry for being blunt but we feel like we'll be left to pay £2000 for a gearbox before anything else is even considered.
Any help appreciated.
Last week it went to Mini (different garage, same company) Who said there
is a clutch issue and it needed brakes.
They asked the garage to authorise the work and they declined and said they wanted to see it first.
It went in yesterday and came out with the brakes 'cleaned', a modulator for the key fitted and no fault found on the clutch and said the grinding is just the 'mechanicals turning'!
Drove it home and by the time we got back the brakes were sqealing again and only the spare key works. The clutch is juddering worse from last week and the gearbox is getting louder.
We phoned the service manager and said the clutch definitely isn't right and te brakes are still squealing and the key isn't working.
He's basically said he's done his bit and thats it.
The car is partially financed by Mini UK and the car was bought from a large dealer with a head office and hundreds of branches named after a man.
Where do we go from here? Sorry for being blunt but we feel like we'll be left to pay £2000 for a gearbox before anything else is even considered.
Any help appreciated.
The dealer has an obligation I believe under sale of goods act. IIRC any fault within 3 months is deemed to have been there when the car was sold and therefore must be rectified at the dealers expense.
You do need to give them a chance to resolve the issue. They've had one go already, you need to write to them detailing the issue, your expectation from them and include the details of the fault diagnosis from the other garage (preferably in writing).
Keep top the facts, dont let emotions creep in to the letter.
I would send them a special delivery letter (dont use recorded) stating that you bought the car on xxx date (copy of receipt enclosed) and since then the fault (list the faults) has been present and has become progressively worse. The car has been returned for repair at their request but the problems persist. An independent inspection by <name of garage> has identified the following faults (list them). You expect these to be fixed to your satisfaction (subject to another inspection to confirm) by xx date. The quoted cost of repairs at the other garage is £xx , should the selling dealer not resolve the problems within xx weeks (maybe go for 4 ?) then a moneyclaim will be issued at court for the price quoted by the other dealer + expenses.
I'm no legal expert but that would be my approach, I used something like this previously in a similar situation and they caved in and paid £1000 for the repairs needed.
Do everything in writing. If they call you to discuss make notes then send a letter summarising the conversation , again by special delivery. If it does go to court you will need this evidence.
Good luck.
ETA: http://www.consumerrightsexpert.co.uk/buyingausedc...
You do need to give them a chance to resolve the issue. They've had one go already, you need to write to them detailing the issue, your expectation from them and include the details of the fault diagnosis from the other garage (preferably in writing).
Keep top the facts, dont let emotions creep in to the letter.
I would send them a special delivery letter (dont use recorded) stating that you bought the car on xxx date (copy of receipt enclosed) and since then the fault (list the faults) has been present and has become progressively worse. The car has been returned for repair at their request but the problems persist. An independent inspection by <name of garage> has identified the following faults (list them). You expect these to be fixed to your satisfaction (subject to another inspection to confirm) by xx date. The quoted cost of repairs at the other garage is £xx , should the selling dealer not resolve the problems within xx weeks (maybe go for 4 ?) then a moneyclaim will be issued at court for the price quoted by the other dealer + expenses.
I'm no legal expert but that would be my approach, I used something like this previously in a similar situation and they caved in and paid £1000 for the repairs needed.
Do everything in writing. If they call you to discuss make notes then send a letter summarising the conversation , again by special delivery. If it does go to court you will need this evidence.
Good luck.
ETA: http://www.consumerrightsexpert.co.uk/buyingausedc...
Edited by bigdods on Tuesday 12th July 19:29
bigdods said:
The dealer has an obligation I believe under sale of goods act. IIRC any fault within 3 months is deemed to have been there when the car was sold and therefore must be rectified at the dealers expense.
What any fault, that sounds great! Even a fault I just made up, and only happens when I'm alone?
In reality there are certain situations where you can reject a car, like:
Can the fault be demonstrated?
Does the fault make the vehicle unfit for purpose? (by the sounds of the OP, I would say no)
Does the fault make the vehicle unsatisfactory? (What is the definition of "satisfactory" for a used car?)
If you can answer yes to all three the dealer will normally get it fixed.
Remember that unhelpful dealers often try to redirect you to the manufacturer or the finance company. If they suggest this, don't listen. Your contract is with the dealer who sold the car. Don't let them off the hook.
And as mentioned above, do everything in writing and send it by special delivery.
Even if they take action and it seems fine in a couple of weeks, still do everything in writing. If something cocks up later, you'll have that documentation to fall back on.
And as mentioned above, do everything in writing and send it by special delivery.
Even if they take action and it seems fine in a couple of weeks, still do everything in writing. If something cocks up later, you'll have that documentation to fall back on.
Edited by blearyeyedboy on Wednesday 13th July 00:52
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