Problems from day 1, what rights to a refund ?

[HoracePinker]

Hi,

 

Last week I bought a 2nd hand car from a car dealer. They had just fitted a new fuel pump because the one in the car was faulty.

A couple of days later, when I filled the car up, there was a smell of petrol inside the car. I lifted the rear seat up to have a look and the "well" that the fuel pump is located in was full of petrol. I phoned the trader who said to bring it back and they would sort it out, which I did.

They didnt resolve the problem though as petrol was still leaking into the car. Back on the phone again to tell the trader it was still faulty, he said it was probably the O ring that needed replacing and he would order one, that was yesterday.

Today took the car back to have the new O ring fitted, which they did, by the time I got home petrol had leaked out again and if anything its even worse than it was before.

I have just returned from a local garage where I went to ask for advice on the problem, and the man I spoke to used to work for the main dealer for 9 years and he said he was 99% certain that it will be the fuel tank that is deformed as they are only plastic and its a common fault with them.

 

Anyway to get to the point what are my rights to a refund as I no longer want the car, as I understand it the car was sold "not fit for purpose" as it was faulty from day one. If I can I would rather avoid the writing of letters etc until I have spoken to him, I would like to know where I stand beforehand in case he doesnt play ball and cough up. Then go via the more "official" route.

 

Thanks,

Mick.

[BankFodder]

Clearly not fit for the purpose to the extent that you have been deprived of substantially the whole benefit of the contract.

You have a right to a refund.

Take it back and ask for a refund.

If he won't give the refund then leave it with him - on his forecourt, not on the road - with the keys and walk away. Get photos of its condition.

 

Document everything and go to the county court and issue proceedings for the return of the money without any delay and don't bother about the warning.

 

Also tell him that you will inform the police that he is supplying a car in a dangerous condition - can't remember the regs for this - look them up. He is committing an offence. Inform TS as well.