Forced to get repairs on used car..claiming refund..

[folkynewey]

Hello there;

Here's a brief version of the story.. bought a used Honda Civic L reg, with 119,000 on the clock a couple of months ago. Paid £800. Dealer gave 3 month warranty. However, I noticed during test drive that the brakes were juddering - dealer assured me this was the pads, that he would have the work done, and then it would be fine. Bought the car, dealer then took a month to have the work done, as he kept 'finding other things' - firstly, one caliper needed changing, then he told me 'I might as well have the other side done'. I agreed. He kept it for another week, and at the end of this week he told me it had 2 new calipers, brake pads, amongst other small things. He told me the brakes would be a bit juddery for a while whilst the pads bedded in.

I drove the car away and the brakes were still juddery - he'd assured me it would take 200 miles to wear them in. I had to make a journey to Newcastle, (around 400 miles) and when I arrived they were still juddery. I called out the AA, who drove it and told me I would need new brake discs, and not to drive the car back to Portsmouth (where it came from, and where the dealer is), but to have the work done in Newcastle as the brakes weren't safe. I then rang the dealer, asked him if he would be prepared to pay for any work I had to have done in Newcastle, and he said the car would be 'fine for me to drive back to Portsmouth' and that 'the AA had to tell me that - but it would be fine'.

I then got a second opinion from Green Flag rescue, that a friend had cover with. Without me telling them about the AA, the mechanic immediately diagnosed the same thing, and told me not to drive to Portsmouth. I obtained written reports from both, and took the car to a local garage. The work (for new two brake discs, pads and a caliper which had to be done), was £309. It also unearthed that there was only 1 new caliper on the whole car, and no new brake pads. The head of the garage gave me the old caliper he had to replace to take away with me to prove that the work had to be done, and talked and showed me through each bit, to prove it all had to be done.

I informed the dealer that I had to have the work done, and on the advice of Consumer Direct phone line, sent him a letter giving him 14 days to refund me the money. 14 days is up tomorrow. What's my best bet? Small Claims Court? I've phoned the dealer to attempt to communicate but with no reply. I have two seperate accounts of the work having to be done for my safety. The car was not as described, nor fit for purpose, so surely I have a case?

Just running this past you before court to check I'm on the right lines, any loopholes etc.....

Thanks for your time!
Dave

[calvi36]

sounds to me like you have them bang to rights. You can prove the work you have been charged for has not been done. Also that the vehicle was not fit for purpose as it was not roadworthy and you have two independent reports. Go for it.

[Gallen]

seconded... and good luck too, although I think its pretty simple that you are right, they are wrong. Get written evidence on lack of new parts too if you can.

[folkynewey]

Thanks guys, wanted to check it out. Update is a bit classic, actually.. Dealer says he wants a brake assesment done, so we give him an extra seven days to arrange that, and in that time, get our own assesment that says that he didn't do the work - done by a totally independant garage. Drop the car off at dealer's yesterday, firstly making a note of the mileage - then pick it up in the evening. The garage he'd told us he was taking the car two was 3 miles away from him. We pick it up in the evening after he's said he's had the assesment, and notice that it's only got 4 more miles on it - which is the miles we've driven to him and back. Classic - he lied about getting the assesment done at all. I phone the garage he said he had it done at, this morning, and they say 'What brake assesment?'. Brilliant! So my partner is currently in there with him now, asking the last time for a full cash refund - and if he's not forthcoming, he's going to court. Thanks for your advice, guys.