Please advise - Want to return faulty car.

[Hitby]

Hi,

I wonder if someone could please advise where I stand with a car I bought approximately three weeks ago (11th August).

The car is three years old and it has 109000 on it. I've added about 800 of these miles.

I have been struggling to get the car into gear (first and reverse) and over the last week or so a strange noise has started to come from the front of the car.

I took it to a Volvo specialist who diagnosed a slipping clutch and damaged flywheel.

The price for this work was £1089.22 which included labour, VAT, Clutch, flywheel, flywheel bolts and a concentric slave cylinder.

I bought this car as a 'reliable' cruiser to do my 80mile a day commute in and I can't afford to be paying any money out at all at the moment. We're barely making ends meet as it is.

I have spoken to the dealer who at first said I should have expected to have to pay for a clutch soon on a car with this mileage. He then offered to pay for the labour (at the garage near the showroom) if I bought the parts.

I am waiting for him to ring back with the price of the parts but I haven't got any money anyway!

The car is a 2005 Volvo S40 2.0D SE and I bought it on finance. It is wholely financed as my part ex (which is still in stock and I'd kill to have back!) was in £600 of negative equity.

I would really appreciate any help with this. I really don't think I should be expected to pay any money out after owning a £6000 car for three weeks

Hitby

[raydetinu]

Quite right, you should not; its the dealers problem to sort out at his total expense, under SOGA. As the fault is quite major so soon you could reject the car under SOGA and ask for a full refund of all monies including the trade in value of your trade in. You need to write rejecting the car with the details etc. dont use the car once rejected, inform the finance company as it is their car and will be responsible as well and can put pressure on dealer to sort it or refund.

[Hitby]

Hi,
I had booked the car in to the garage today to get it looked at properly as I can't be without a car due to commuting. The garage has advised me that the gearbox needs replacing along with the clutch and flywheel.

Tomorrow I intend to phone the Citizens Advice, the finance company and finally I plan to take the car back to the garage and see what they say. If anyone could give me any 'ammunition' or an idea of my rights/what to say etc I would very much appreciate it.

Thanks in advance

Danny

[raydetinu]

By garage do you mean the dealer where you purchased it? if not that is only people you should be dealing with.
As said above if you reject it, which seems your best bet, you must not use it.
Write to dealer rejecting the car under SOGA, not fit for purpose and defective etc. and why ( details ), and you want a full refund; copy to the finance company etc. and give them 14 days to respond.

[Hitby]

I took it to a volvo specialist who diagnosed the gearbox problem. If I reject the car today I'm planning on driving it up to my mother in laws and leaving it on her drive. What happens if I haven't heard anything within 14 days? Is there a standard letter that I need to write to do this?

Thanks again for your help.

[aj84]

Hitby, not sure if you have read any of my thread (taking a SOGA case further) in the General Consumer area of the forums but I've had some fantastic help and letter templates posted on there to basically fill in and post via SPECIAL DELIVERY
Might want a quick glance at that and see if any of them help you

From what I remember, the 14 day letter is in there near the beginning (page 1 or 2) and then there is a letter before action there too

[Hitby]

thanks. The car is now with the garage I bought it from (the dealer lent me his own car). He agreed there was a whine on the gearbox so he's taking it to a gearbox specialist and I have to go back at 1 to find out whats happening.

Am I correct in thinking that I shouldn't be paying anything towards any repair offered?