Hi Everyone

I purchased a car from a dealer,

upon collection the car appeared to be fine,

a day or two later a warning light appeared on the dash showing traction control system failure.

This has made the car dangerous to drive in the wet.

I took it too a dealer who couldn't diagnose the issue.

I then took the car to a BMW specialist who told me the car has been in an accident and rear suspension badly damaged, it was repaired with poor workmanship. they advised me that the car should be returned to the dealer or I could pay £1400 to repair the damage but mentioned that this was not guaranteed to correct the issue.

I Have informed the dealership of this and they admitted to having worked on the car, this was never mentioned to me before delivery.

I have now requested a full refund and they refuse to refund me the full purchase amount due to them not knowing when they will have funds available.

I have owned the car for just on 2 weeks.

We paid cash (£2000) and did a electronic payment into the dealership account.

Please help.

Thank you

Please will you tell us who the dealers.

Under the consumer rights act 2015, if a defect appears within the first 30 days of the contract then you have a right to a replacement or refund of the item at your option. The dealer has no choice.

You should send the dealer a letter immediately – send it recorded delivery – and make it clear that there is a defect, that the defect has occurred within the first 30 days of ownership and accordingly you are asserting your rights under the consumer rights act and you require an immediate refund of your money plus any reasonable losses that you might have incurred, for instance as you have had to hire a vehicle or the cost of recovering the vehicle et cetera.

Additionally, it is a criminal offence to sell an unroadworthy vehicle as per Section 75 of the Road Traffic Act 1988 . In your letter to the dealer you should point this out that they have committed a criminal offence and that you will be reporting them to Trading Standards and also to the police and that it will help them if they will collect the vehicle and give you your refund without any fuss.

Send the letter now.

Have you incurred any expenditure such as insurance et cetera which you may have to do cancel or transfer to another vehicle in return for some kind of extra charge or penalty by the insurer? If so then you should include this expenditure amounts your losses.

Thank you for that information. I have expenses against the car

2 x Diagnostic services £100

2 x Tyres £200

Insurance £60

I will put together the letter and see what their response is.

Be aware that if they are struggling for funds, It is likely theyll dissolve the company fast and reopen under a new name.

The dealership is Camberley Motor House. They have about 100 cars on the floor.

Looking at online reviews, its a place to stay well away from. And 100 cars, yet they say they dont have the funds to refund you.

thread title updated

moved to correct forum.

dx

I suggest that the letter you sent is also presented in the form of a letter of claim. This means that you would give them 14 days to provide you with your refund or else you will begin a legal action immediately and without any further notice.

Spend a couple of hours looking through this form to understand what this means and the basic steps for starting a small claim. Don't send a letter of claim unless you decide that you are prepared to go ahead. Don't bluff.

A small claim is extremely easy, pretty cheap and very low risk. On the basis of what you say, your chances of success are far better than 95%.

Thank you for all the advice, I will format the latter as such.