My statutory rights, used car breakdown.

[theyseenmecoming]

Hello everyone, my first post here, so I hope this is the right place to post.

 

I have a problem, I bought my car from a dealer a week ago Saturday and it has broken down twice, I have researched the problem online and found out this may lead me to a very sizable garage bill.

 

Where do I go from here?

 

I bought it trade from a garage so no warranty.

 

I called and advised them of the first break down but they never returned my call.

 

I know I have statutory rights, but how do I remind him of this if he is unwilling to help?

 

I'm really rubbish at all of this, so help would be very appreciated

 

thanks

 

 

Please help if ya can, I need to call him tomorrow, but I don't know how to go about the conversation. Do need to ask him to repair it? Is this something I can do under my Statutory rights?

Edited January 19, 2009 by theyseenmecoming
I can't spell

[theyseenmecoming]

help me. I'm meek and need a boost.

[majik]

Hi

 

I would call up the garage and ask them to either fully repair the car under SOGA (Sale Of Goods Act) or for a full refund under the same act. If you go the refund option you need to write to the garage and explain that you are REJECTING the car under the SOGA and you expect a full refund within 14 days or you will take the dealer to court.

If you get no reply come back and we will tell you what letter you need to write and how to go about court etc.

 

To break down twice in a week would indicate that the car was not fit for purpose and should not have been sold in that condition.

[HSBCrusher]

I bought it trade from a garage

 

this is an interesting point.

 

When you buy from a motor trader your legal rights under SOGA cannot be taken away or reduced. "Trade sale" is a classic example of trying to evade the buyers rights, another is "sold as seen".

 

such phrases are meaningless and do not alter your rights.

 

how much was the car, and what is the fault/faults?

[theyseenmecoming]

Thanks for the replies

 

I paid 3k, its a mondeo and the fault is a dying starter, coupled with other symptoms looks like it has been caused by the dreaded dual mass flywheel starting fail (leaving debris and swarf in the starter and generally killing it!)

 

I have since spoken to the garage, no joy, called consumer direct and was advised exactly the same as what you have said majik and also what you said HSBCrusher.

 

I then left it to mull over and was called by the MD who told me he is quite happy to fix with secondhand parts EEEEEEEK but if I wanted new parts I would have to pay. I then called consumer direct and ask if this was right, and was advised that this WAS a suitable repair!

 

So he can nip down the scrapies get some rotten parts and stick them in. greeeeat, thats reassuring.

[Surfer01]

Request a refund and I don't think Consumer direct are correct, however nothing is stopping you contacting your local TS and having a word with them.

[theyseenmecoming]

I cant request a refund as he is willing to repair and when I called trading standards it was their phone system that put me through to consumer direct.

[HSBCrusher]

I then called consumer direct and ask if this was right, and was advised that this WAS a suitable repair!

 

 

the parts in the car were second hand to start with, so replacing them with second hand parts I suppose would be OK as long as the parts were good ones.

 

However, if those parts fail sometime soon you can go back again as the fault hasnt been fixed.

[theyseenmecoming]

Ya know what, I think I am going to suck it in and go to a trusted garage to get the work done, at least I can be assured the same problem (hopefully!) will not come back!

 

It sucks sometimes being self employed and being totally reliant on my car.

 

Thanks for all the help and support.. Awesome site, awesome people... "I vill be back"

[mr socks]

Hi

 

I would call up the garage and ask them to either fully repair the car under SOGA (Sale Of Goods Act) or for a full refund under the same act. If you go the refund option you need to write to the garage and explain that you are REJECTING the car under the SOGA and you expect a full refund within 14 days or you will take the dealer to court.

If you get no reply come back and we will tell you what letter you need to write and how to go about court etc.

 

To break down twice in a week would indicate that the car was not fit for purpose and should not have been sold in that condition.

Hi Majik

 

I was reading the post in connection with consumer rights with the purchase of a used car.

 

I am having a very similar problem with a car I purchased 2nd Dec which I had to take back on the 5th due to it smoking, loss of power, not increasing above 2000 revs etc.

I am still without the car at the moment with no idea of when it will be fixed, what parts will be used, what state the car will be in etc.

 

Bought through dealer, with 3 months guarantee no warranty, we are not being charged for repairs at the moment, spoke to the seller many times about issues. We have sent letter asking for full refund within 7 days which they should receive Mon morning.

Can you please forward me a copy of the legal letter I would need to send to them if I get no reply from them please?

Many Thanks

K

[scaniaman]

Ya know what, I think I am going to suck it in and go to a trusted garage to get the work done, at least I can be assured the same problem (hopefully!) will not come back!

 

It sucks sometimes being self employed and being totally reliant on my car.

 

Thanks for all the help and support.. Awesome site, awesome people... "I vill be back"

If it's DMF problems, how do you know they won't reappear even if present work is done by good garage. Suggest that you find out if a kit is available to convert back to normal flywheel. On another site, someone wrote that you can weld up DMF!

[Boro]

My thoughts are that the selling garage would more than likely either try cleaning or fit a second hand starter and that would be it rather than addressing the issue of the failing dmf, purely as replacing the dual mass flywheel is a labour intensive job, if you havent lost all faith in the garage you could see whether if you where to supply a solid flywheel, starter motor, clutch kit and slave cylinder they would fit these gratis for you given that to repair the car properly these are the items that need replacing, i have added the clutch kit as this will need to be removed whilst they change the dmf and its a wise move to get it done at the same time as is the clutch slave

[DARRENHEMPSON]

hi I bought a Vauxhall Vectra elite cdti (56) on 11/12/2009 51000 miles £8650 the car drove fine for the first week after that i started hearing strange noises from the clutch area, after christmas i foun an open garage who inspected the car an tol me flywheel was broken and woul need a new flywheel/clutch, I than contacted the garage i bought the car from and told them this and the fact they had promssied me a full service (had oil change) , a full 12 month mot got 10months, all tyres between 5-6 mm (passenger front an rear 2mm and 3mm), and the garage had front bumper painted and the paint does not match. So the garage tol me if I had come to them 1 or 2 days after purchase he would have paid for it but as a cluch is a perishable part he would not do anything, he refused to do anything at all. so i sent him a letter (soga) reminding him of my legal rights of which he has used same excuse as before.

 

what should i do next ?

ive driven 500miles since had the car and ive been more than resonable with him.