Bought used car, developed fault 1 day after. My options?
Discussion
jkay1 said:
Well just been to the garage and he’s saying he will not be refunding and that I can quote all the legislations I want till I’m blue in the face, he has very deep pockets and will take very long for me to get money back.
He said he will try fix the problem again and then take it from there. Will give me nothing in writing about this also
What the heck do I do now?
Very tough one. Keying C U N T into the bonnet of the cars on his forecourt some evening would hold a certain appeal, but assuming you dont want to do that, then you either go nuclear for a full on reject and push that through no matter how long it takes or hope he does get round to sorting it. He said he will try fix the problem again and then take it from there. Will give me nothing in writing about this also
What the heck do I do now?
Did you take it on finance?
jkay1 said:
Do I give them another chance to fix it? I can’t afford for it to go to court and take ages.
Leave the car on his doorstep with the keys, end him a letter before action saying he has seven days to refund or you are issuing a claim, if he doesn't, issue a money claim online (https://www.moneyclaim.gov.uk/web/mcol/welcome) for £50. Don't let cowboys bully you.
daemon said:
Very tough one. Keying C U N T into the bonnet of the cars on his forecourt some evening would hold a certain appeal, but assuming you dont want to do that, then you either go nuclear for a full on reject and push that through no matter how long it takes or hope he does get round to sorting it.
Did you take it on finance?
Paid cash after bloody saving up for a year. If I accept a repair again do I throw all legal rejection rights away?Did you take it on finance?
jkay1 said:
Paid cash after bloody saving up for a year. If I accept a repair again do I throw all legal rejection rights away?
No, not as far as I'm aware. If you accept a repair and the fault still remains then you have shown yourself to be reasonable, giving him more chances than the consumer rights act specifies you should.I'd be handing the keys back and pursuing a refund. If he has spoken to you in the way in which you have quoted him, then he comes across as a t
t anyway. So don't bank on him being reasonable. jkay1 said:
daemon said:
Very tough one. Keying C U N T into the bonnet of the cars on his forecourt some evening would hold a certain appeal, but assuming you dont want to do that, then you either go nuclear for a full on reject and push that through no matter how long it takes or hope he does get round to sorting it.
Did you take it on finance?
Paid cash after bloody saving up for a year. If I accept a repair again do I throw all legal rejection rights away?Did you take it on finance?
Your very best option is either to go for a hard reject right now as per what Integroo says or hope he can sort it to your satisfaction.
Having it on finance would have given you the weight of the finance company on your side as it would have been their car per se.
daemon said:
I think the more attempts he has at repair the more your immediate right to reject fritters away. You can still reject after repairs but its seen as harder.
How so? I understand the dealer would incur costs, but multiple unsuccessful attempts adds to the case that the car is not fit for purpose.Genuinely interested, as I'm certain you know more about this than I do.
My advice is tread carefully. I bought a second hand car £11k , with 4 weeks warranty. The engine developed an issue in week 8. Basically I thought I was left high and dry - out of warranty and facing a £3k repair bill , but after a chat with Citizens Advise I got a result. Their advice was thus - don't go into the dealer \ seller demanding you are entitled to X Y and Z and the law states A B and C and you know your rights and blah blah blah. Approach the dealer ask for a chat about how we can resolve the situation. Explain you wish to reject the car as it obviously had the fault prior to sale or the fault shouldn't have happened so soon after purchase. That you dont wish to reject as you have changed your mind on the colour or something trivial, its due to a potentially costly repair, loss of faith with the car etc. Say you are happy to come up with a goodwill gesture payment to help resolve and that you are happy to take another car from the dealer so that he still gets a sale, you get a new car and everyone is happy.
Obviously I've summarized it a lot but you get the idea.
In the end my dealer took the car back and took the hit for the repair. I got another car of equal spec and value and I paid £500 ( to cover the wear and tear and added mileage on the 8 weeks I had the car ) I walked away from a £3k repair and a car I couldnt trust for £500.
CAB said that going in all guns blazing makes the dealers pull down the shutters on you - they get it daily and who has most to loose ? you or them ?
Obviously I've summarized it a lot but you get the idea.
In the end my dealer took the car back and took the hit for the repair. I got another car of equal spec and value and I paid £500 ( to cover the wear and tear and added mileage on the 8 weeks I had the car ) I walked away from a £3k repair and a car I couldnt trust for £500.
CAB said that going in all guns blazing makes the dealers pull down the shutters on you - they get it daily and who has most to loose ? you or them ?
StuTheGrouch said:
daemon said:
I think the more attempts he has at repair the more your immediate right to reject fritters away. You can still reject after repairs but its seen as harder.
How so? I understand the dealer would incur costs, but multiple unsuccessful attempts adds to the case that the car is not fit for purpose.Genuinely interested, as I'm certain you know more about this than I do.
http://www.thecarexpert.co.uk/rejecting-a-car/
jkay1 said:
Well just been to the garage and he’s saying he will not be refunding and that I can quote all the legislations I want till I’m blue in the face, he has very deep pockets and will take very long for me to get money back.
He said he will try fix the problem again and then take it from there. Will give me nothing in writing about this also
What the heck do I do now?
Next time could you record the meeting?He said he will try fix the problem again and then take it from there. Will give me nothing in writing about this also
What the heck do I do now?
Legally it looks a difficult one( http://www.acitylawfirm.com/recorded-conversations... ), but at least if you record it you have the option of using it against him
Personally I would go the legal route if he doesn't fix it this time.
swagmeister said:
My advice is tread carefully. I bought a second hand car £11k , with 4 weeks warranty. The engine developed an issue in week 8. Basically I thought I was left high and dry - out of warranty and facing a £3k repair bill , but after a chat with Citizens Advise I got a result. Their advice was thus - don't go into the dealer \ seller demanding you are entitled to X Y and Z and the law states A B and C and you know your rights and blah blah blah. Approach the dealer ask for a chat about how we can resolve the situation. Explain you wish to reject the car as it obviously had the fault prior to sale or the fault shouldn't have happened so soon after purchase. That you dont wish to reject as you have changed your mind on the colour or something trivial, its due to a potentially costly repair, loss of faith with the car etc. Say you are happy to come up with a goodwill gesture payment to help resolve and that you are happy to take another car from the dealer so that he still gets a sale, you get a new car and everyone is happy.
Obviously I've summarized it a lot but you get the idea.
In the end my dealer took the car back and took the hit for the repair. I got another car of equal spec and value and I paid £500 ( to cover the wear and tear and added mileage on the 8 weeks I had the car ) I walked away from a £3k repair and a car I couldnt trust for £500.
CAB said that going in all guns blazing makes the dealers pull down the shutters on you - they get it daily and who has most to loose ? you or them ?
I think that ship may now have sailed....Obviously I've summarized it a lot but you get the idea.
In the end my dealer took the car back and took the hit for the repair. I got another car of equal spec and value and I paid £500 ( to cover the wear and tear and added mileage on the 8 weeks I had the car ) I walked away from a £3k repair and a car I couldnt trust for £500.
CAB said that going in all guns blazing makes the dealers pull down the shutters on you - they get it daily and who has most to loose ? you or them ?
At the very least I'd be trying to do things in writing and also making contemporaneous notes about discussions that you've had. In some ways this thread can act as that as we're getting a running story of what happened, when it happened. Additionally you need to act in a reasonable manner as you appear to have been. What comes across to me is that people who act in a decent way tend to get treated positively by judges when things go down that route.
Be bold without being a knob, be clear about your expectations (and keep them realistic) and also make sure you keep records. Additionally make sure you act promptly when issues arise, all too often there are stories about how people didn't have time to chase things up as they were busy and it just makes it look like they weren't actually that bothered.
Fingers crossed it all works out for you and that they can fix it to your satisfaction.
Be bold without being a knob, be clear about your expectations (and keep them realistic) and also make sure you keep records. Additionally make sure you act promptly when issues arise, all too often there are stories about how people didn't have time to chase things up as they were busy and it just makes it look like they weren't actually that bothered.
Fingers crossed it all works out for you and that they can fix it to your satisfaction.
jkay1 said:
Well just been to the garage and he’s saying he will not be refunding and that I can quote all the legislations I want till I’m blue in the face, he has very deep pockets and will take very long for me to get money back.
He said he will try fix the problem again and then take it from there. Will give me nothing in writing about this also
What the heck do I do now?
Well that shows you this has happened to him before. Could he of known the car was faulty ? Best thing to do is allow him the chance to repair the car. End of the day he's a business and has been unfortunate to pick up a puppy. If your still not satisfied you could explore legal routes.He said he will try fix the problem again and then take it from there. Will give me nothing in writing about this also
What the heck do I do now?
jkay1 said:
northwest monkey said:
I'm guessing by the fault code and the symptoms, it's a 320i ?
If you can, return it to the dealer for a refund or an exchange. I had exactly the same fault as you & it can't be fixed - engine rebuild places will tell you it's either the oil pump, the crank or the pistons. Or all 3. One of the causes of it is to do with the "long-life" service schedules apparently from when the car was new or the other one is a little plastic chain guide that breaks up then blocks the oil flow. Either way, I couldn't find anyone that wanted to touch mine.
I'd be willing to bet it's had some additive thrown in the oil to thicken it up - Wynn's or something similar.
I hope your dealer is ok about it. Mine wasn't & it took 18 months and a lot of work to get a result through the courts. Don't let people on here tell you to just "take him to court" and expect to get your money back in a couple of days. It really isn't as simple as that.
I've done a thread on here but if you need some help just ask
It’s a 318i.If you can, return it to the dealer for a refund or an exchange. I had exactly the same fault as you & it can't be fixed - engine rebuild places will tell you it's either the oil pump, the crank or the pistons. Or all 3. One of the causes of it is to do with the "long-life" service schedules apparently from when the car was new or the other one is a little plastic chain guide that breaks up then blocks the oil flow. Either way, I couldn't find anyone that wanted to touch mine.
I'd be willing to bet it's had some additive thrown in the oil to thicken it up - Wynn's or something similar.
I hope your dealer is ok about it. Mine wasn't & it took 18 months and a lot of work to get a result through the courts. Don't let people on here tell you to just "take him to court" and expect to get your money back in a couple of days. It really isn't as simple as that.
I've done a thread on here but if you need some help just ask
How long did you have your car before you found out it had a fault? And 18 months for a refund, ouch! The advice on the citizens advice bureau seem so simple that you have 30 days to reject and get a refund but obviously it’s not that simple then?
The dealer initially seemed ok - paid for a new oil change etc. which seemed ok for a week or so but then it came back with a vengeance. As soon as it started getting warm it was terrible. If you can, get it warmed up then rev it up to about 3k rpm and see what it sounds like. If it sounds like a tractor, then it's knackered.
The 318i and 320i are the same (N43) engine just in a different tune.
It's far from simple to deal with the Small Claims process - I'll try and find my threads I posted on the SP&L forum for you.
Is it a "proper" dealer with a premises you bought it from or a "home trader" set up?
Integroo said:
jkay1 said:
Do I give them another chance to fix it? I can’t afford for it to go to court and take ages.
Leave the car on his doorstep with the keys, end him a letter before action saying he has seven days to refund or you are issuing a claim, if he doesn't, issue a money claim online (https://www.moneyclaim.gov.uk/web/mcol/welcome) for £50. Don't let cowboys bully you.
I'm going to make a wild guess here and say you've never been through this process have you?
northwest monkey said:
Integroo said:
jkay1 said:
Do I give them another chance to fix it? I can’t afford for it to go to court and take ages.
Leave the car on his doorstep with the keys, end him a letter before action saying he has seven days to refund or you are issuing a claim, if he doesn't, issue a money claim online (https://www.moneyclaim.gov.uk/web/mcol/welcome) for £50. Don't let cowboys bully you.
I'm going to make a wild guess here and say you've never been through this process have you?
northwest monkey said:
Integroo said:
jkay1 said:
Do I give them another chance to fix it? I can’t afford for it to go to court and take ages.
Leave the car on his doorstep with the keys, end him a letter before action saying he has seven days to refund or you are issuing a claim, if he doesn't, issue a money claim online (https://www.moneyclaim.gov.uk/web/mcol/welcome) for £50. Don't let cowboys bully you.
I'm going to make a wild guess here and say you've never been through this process have you?
Integroo said:
I would anticipate that what would happen is he ignores you, you issue a money claim, and he refunds before incurring legal costs. If he doesn't, the small claims court is weighed in favour of the consumer. I haven't done it myself, but I am a lawyer.
So maybe you could act on behalf of the OP to broker a satisfactory conclusion.Integroo said:
northwest monkey said:
Integroo said:
jkay1 said:
Do I give them another chance to fix it? I can’t afford for it to go to court and take ages.
Leave the car on his doorstep with the keys, end him a letter before action saying he has seven days to refund or you are issuing a claim, if he doesn't, issue a money claim online (https://www.moneyclaim.gov.uk/web/mcol/welcome) for £50. Don't let cowboys bully you.
I'm going to make a wild guess here and say you've never been through this process have you?
Long and short OP, I had 2 options after the dealer told me to FRO.
1. Fix the car - I'd been quoted £4k for a rebuild but none were keen to take the job on with it being an N43. I'd then sue for the £4k.
2. Sell the car in it's current condition & take the hit.
I was offered £2k less for it than I paid (as a P/Ex) as the dealer I sold it to figured he could get it fixed cheaply. I did this then sued for the £2k (plus fees).
Honestly, it is far from an easy process. If you want to mail me OP then fire away.
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