New car nightmare
Discussion
Hi wondering if anyone can help-
Bought a car from a garage for £4000 back end of 2018 advert stated it came with warranty but never got any paperwork re warranty (yes stupid, I know) it broke down on the way home- cooled down, topped up with water and got home, let the garage know etc etc, no further problems. About 5/6 weeks later it just stopped and wouldn't start again. Long story short its been in the garage ever since, with them working on it when they are quiet to keep costs down and its beginning to look like it will be uneconomical to fix.
Part ex'd the old car with the same garage, they took it out for a drive and were happy with condition etc. they then sold it to a customer who had it a week before the engine blew up- it had been drinking oil but was 10 years old so just wanted to get shot of it so had no idea what was wrong with it. They sold it with full service history, which I know to not be true so know they are shady on purpose rather than by accident.
I know morally we are both in the grey area, but feel I have been screwed over as they are the professionals and should have been happy with the part ex'd car before they sold it, and be liable for a car they sold which isn't fit for purpose.
Does anyone have any idea where we stand on this- ie small claims?
Bought a car from a garage for £4000 back end of 2018 advert stated it came with warranty but never got any paperwork re warranty (yes stupid, I know) it broke down on the way home- cooled down, topped up with water and got home, let the garage know etc etc, no further problems. About 5/6 weeks later it just stopped and wouldn't start again. Long story short its been in the garage ever since, with them working on it when they are quiet to keep costs down and its beginning to look like it will be uneconomical to fix.
Part ex'd the old car with the same garage, they took it out for a drive and were happy with condition etc. they then sold it to a customer who had it a week before the engine blew up- it had been drinking oil but was 10 years old so just wanted to get shot of it so had no idea what was wrong with it. They sold it with full service history, which I know to not be true so know they are shady on purpose rather than by accident.
I know morally we are both in the grey area, but feel I have been screwed over as they are the professionals and should have been happy with the part ex'd car before they sold it, and be liable for a car they sold which isn't fit for purpose.
Does anyone have any idea where we stand on this- ie small claims?
Since it was from a dealer would you need a warranty to cover you immediately after buying?
I'm pretty sure it would fall under the banner of being sold 'not fit for purpose'/as described.
Saying that, you have a much better chance of getting your money back within the first 30 days after buying:
"If you buy a new or used car from a dealer and experience problems with it, you have some statutory rights under the Consumer Rights Act 2015.
The Act states the car must be “of a satisfactory quality”, “fit for purpose” and “as described”. (For a used car, “satisfactory quality” takes into account the car’s age and mileage.)
You have a right to reject something faulty and you are entitled to a full refund within 30 days of purchase in most cases.
After 30 days you lose the short-term right to reject the goods."
I'm pretty sure it would fall under the banner of being sold 'not fit for purpose'/as described.
Saying that, you have a much better chance of getting your money back within the first 30 days after buying:
"If you buy a new or used car from a dealer and experience problems with it, you have some statutory rights under the Consumer Rights Act 2015.
The Act states the car must be “of a satisfactory quality”, “fit for purpose” and “as described”. (For a used car, “satisfactory quality” takes into account the car’s age and mileage.)
You have a right to reject something faulty and you are entitled to a full refund within 30 days of purchase in most cases.
After 30 days you lose the short-term right to reject the goods."
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