Bought car, same fault repaired twice... give dealer a second chance???

[vjohn82]

Ok... 6 weeks ago I bought a W reg Nissan Almera from a second hand car dealership in Nuneaton.

 

The ticket price was £1399... I was offered £700 p/ex for my Renault Scenic and then the rest in cash over two installments (he allowed me to do this because the Scenic was purchased from him and it had also been in his garage a total of 8 times for various issues). I paid £350 on the day and then the rest is due 1st Aug.

 

2 days after I bought the car I reported two faults... firstly the handbrake was at the end of its working travel and the car had rolled down a hill and, more annoyingly, there was a an engine misfire.

 

The car went to the garage for the day and a new coil was fitted on number 3 (there are four), the handbrake was fixed and all seemed well...

 

Approx 2 weeks later there was a misfire again so back it went... they had to wait for a part this time so I was left without a car for 3 days. Car was fixed so on my jolly way...

 

3 days ago the car was misfiring again on number 3... and the handbrake is starting to fail to work properly again.

 

I have taken the car back and they currently have it... yesterday the dealer said they would try to fix it by replacing the coil... again... and would sort the handbrake... BUT I also mentioned I had oil on my drive which the next door neighbour said was coming out of the exhaust when running... so sounds like a nasty engine fault to me!

 

Now... my missus is throwing hissy fits (as they do) and I feel stuck between a rock and a hard place. I understand the law etc as I own my own legal business but I am a relative novice with cars...

 

Should I just get my money back, cut and run???

 

Any advice appreciated!

[Conniff]

It's very unlikely to be oil coming from the exhaust, more likely sooty water from the condesation that can build up especially when starting from cold.

 

Misfire. That could be linked to the discharge from the exhaust.

 

Can you tell us if it happens when the car is hot, cold or both and are you having to add any coolant?

[vjohn82]

It's very unlikely to be oil coming from the exhaust, more likely sooty water from the condesation that can build up especially when starting from cold.

 

Misfire. That could be linked to the discharge from the exhaust.

 

Can you tell us if it happens when the car is hot, cold or both and are you having to add any coolant?

 

The 3rd coil keeps being blown out... this will be the third time it has happened in as many weeks... which is causing the misfire.

 

Coolant has dropped from the max down to the min in 4 weeks.

 

Car seems to be ok when in normal operation... little juddery when hot but then the coil sort of went straight after this seemed to be happening.

[Conniff]

The water disappearing is the main concern here. Get a compression check done as soon as possible and not by the seller.

 

When you say 'being blown out' do you mean it physically disconnects with the spark plug or electrically fails and has to be replaced, or spark blow out?

Edited July 27, 2009 by Conniff

[ClampingKing]

Reject the car, get your money back and if they still have it that will include returning your old car to you.

[vjohn82]

Ok... took the docs back to them today with a stern letter...

 

Sale of Goods Act 1979 as modified by the Supply of Goods and Services Act 1982 Complaint

Dear #####,

 

Please treat this as a formal notice that I am rejecting the vehicle purchased from your company. Under the Sale and Supply of Goods to Consumers Regulations 2002, derived from EU Directive 1999/44/EU, which became Clauses 48A to 48F inclusive of the Sale of Goods act in April 2003, I am able to claim a full refund as the vehicle is of unsatisfactory quality. The vehicle has been subject to previous repairs by your business, which have failed to identify the underlying cause for the fault, and have failed to repair the proper fault satisfactorily despite great inconvenience to me in leaving the vehicle in your care.

 

In regards to the refund that should be offered. Case law, referencing Rogers v/s Parrish 1987, has put a limit of 6 months on the time in which to reject a car and obtain a full refund. Al though lesser refunds can be offered, by taking account of mileage covered and usage, this is only for periods outside of 6 months. Therefore only a full refund will be acceptable either in cash or the form of a cheque. Looking at the details of the transaction the deal was concluded for a part exchange on a car previously purchased from you which also suffered from multiple defects (Renault Megane Scenic – ######) for £700 and the balance of £700 cash for which you received £350 on the day with a further £350 due.

 

I would remind you that I have lost a total of 4 business days in leaving this particular vehicle with you and have only taken advantage of the courtesy car provided by you over the weekend (25th & 26th July 2009). Therefore if legal action is required I shall also claim for my reasonable costs in bringing such action, quantifiable costs, money lost from business days taken as holiday where a vehicle was not offered to me and all litigant-in-person costs.

 

I have estimated that the business days lost total alone is £240 (£60 x 4 days) – therefore I believe there is every reason to mutually agree to refund the full balance owed to me to save wasting the courts time for a simple legal matter and one which could cost you more money in the long run. A recent hearing (Darren Egan vs. Motor Services (Bath) Ltd (18 October 2007)) highlighted the importance of seeking a settlement between parties in order to save unnecessary expenses and the wasting of a courts time for a legal matter upon which information is widely available.

 

I trust this outlines the situation and that we can reach an amicable solution.

 

Yours sincerely,

vjohn82

 

They agreed to give me my £1000 back and I can now move on and find a reliable car (hopefully - I don't seem to have had much luck!)