Used car from dealer "not fit for purpose"

[casdix]

We bought a 55 plate C3 pluriel convertible from a car dealer on Saturday 30th July. The price was £4690 and he gave us £1000 trade in for our 03 reg Hyundai.

 

We were aware that some of the earlier models of Pluriel have problems with a leaking roof. The seats seemed fine, with no evidence of water staining and we asked specifically whether there were any problems with water leaks. The salesman told us that he had been informed they don't leak in the main part of the car but into the boot, but they'd had this car a couple of weeks and it had been fine.

 

When we completed the sale, he said we had a 3 month mechanical warranty but he could sell us an extended warranty which would cover against any future problems with the roof. We said we'd have a think about it.

 

On the Weds evening we had a reasonably heavy rainfall. I went out to the car in the morning and the passenger seat was soaking wet. Water was leaking in through the joint which fixes the roof bars on. It was still raining and the water continued to leak in while I was driving and onto my face. I took a photo of the wet seat.

 

My husband phoned the garage who said to bring the car straight back and they would repair it. The garage is 60 miles away, and it took my husband 4 hours on Saturday to drive there and back. He was given a W reg BMW as a courtesy car. On Friday night I emailed the garage. I had done some more research into this model of car and the roof problems are quite common and not easily resolved. I explained that the car was not fit for purpose as I had nowhere undercover to store it and needed to drive it every day and in all weathers for work. I said that if they weren't confident they could fix the problem then please could they give us a full refund and the return of our Hyundai if they still have it. They did not acknowledge or respond to the email.

 

When my husband dropped the car off they claimed to have ordered some parts from Citroen and said they were confident they could fix the leak.

 

I emailed the warranty company on Sunday evening and they responded this morning to say that their warranty does not cover water ingress from any part of the vehicle.

 

My plan is to collect the car after this current repair and inform them that if the problem recurs I will be rejecting the vehicle. I do not have the time to keep running backwards and forwards the 120 mile round trip every weekend or so.

 

As we traded in our old car, and it is probably long gone, would we claim for the full cost of the vehicle?

 

Could we claim for fuel expenses to get to the Garage and back?

 

Is it best to employ a solicitor to write the actual letter about SOGA?

 

Any advice gratefully received.

 

Thank you

[sailor sam]

Hi and welcome to CAG.

 

First of all forget about the warranty, it's the seller's responsibility to rectify. I think you should allow the dealer to attempt to rectify the car and when they say it is done, ask them to give it a good hosing down while you check it for leaks. If you are not satisfied, inform them that you are rejecting it there and then and you will require a full refund and you old car back or if the do not still have it (which I would be suprised about after under 10 days), the necessary cash adjustment. Time is deffinately on your side and so is the SOGA. Once rejected, you should not drive the car again by the way.

 

Keep us posted.

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

 

[casdix]

Thanks for this helpful reply.

I made a mistake above- it's the driver's seat that was wet.

That's a good idea about hosing it down there and then. I probably need to get my husband to follow me in his car when I go to collect it, so he can bring me home when I reject it?

If they refuse to refund do I just leave the car with them and then pursue it through the courts?

[sailor sam]

If necessary yes. Go prepared and type out a rejection letter and take it with you so you can hand it to them (keep a copy) so it is formal. Contact your local TS before hand who will advise you directly of your rights (as per my signature below).

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

 

Edited August 8, 2011 by sailor sam