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Can anyone help me?!! My son bought a secondhand car for £3,600 in April 2012. Two dys after buying it it conked out and some diagnostic lights came on. He phoned the garage who said wait a while and try again its probably some dirt in the fuel pump? (or something like that) It did start and seemed to drive ok for 2wks then it conked out again. He called the garage and they said bring it in, which he did the following morning,9am. He didn't get a call back and had to call them after a few days. They said it needs a new turbo and will cost him £1200. My son is disputing this and feels they should fix it. The garage has refused to even discuss it. They did however call today (12 June) and again said they wouldn't fix it and that basiacally my son could take them to court if he wanted. My son has spoken to trading standards and citizens advice as to whether they can take the car, get it fixed elsewhere (as the garage has refused to do it for them) and bill the garage. They won't say if he can do that or not. What should he do? Thankyou, if anyone has any advice.

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Hello desertflower and welcome to the forum.

 

Is the car still with the selling garage?

 

No more phone calls to them, this is very important, when things get a little hot, they tend to forget what they said, so only deal with them by letter from now on.

 

You will be able to have it repaired elsewhere and send them the bill but you have to go through the routine and protocol first.

 

What does comsumer legislation say: It says that during the first six month of ownership, if anything goes wrong then it is up to the seller to show that the fault wasn't present at the time of sale. After six months, it is up to the buyer to show that a fault was present at time of sale.

 

You should now write to the seller, and send by recorded delivery, a letter reminding him of the sale of goods act 1979 (as amended) and quote the bit above to him. Say that he has 7 days from receipt to respond positively.

Further action will depend on how or if he answers.

 

I would suggest that you buy some brown envelopes from your newsagent and not use normal white ones.

Edited by Conniff
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Thankyou for replying. My son has sent two recorded delivery letters to the garage. We took quotes from legal letters, especially sale of goods 1979! The first one was not replied to. The second one, my son asked them again directly to fix the car please. A phone call from them today said they wouldn't. The car is at the garage still as they asked him to bring it in when it went wrong for the second time in the 2wks after he bought it. Its been there for almost a month. Should he take it back now? Unsure if its driveable as its the turbo that needs replacing. Hope this all makes sense, never used a forum before! We have the original advertisement from the internet where it was advertised. It says all the cars are health checked. He was also told it had a new toyota engine, but on checking all the paperwork when he got home, he found out it was a secondhand low mileage one. Really, all he wants is to get the car repaired so he can use it, but really can't afford £1200...and i don't see why he should have to pay that. Thankyou, Gill

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You're doing well on the forum.

 

Your next letter should be telling (and i mean 'telling' not asking) them, they have 7 days to fix the car or you will take it to another garage for repair and send the bill to them.

 

This does mean that he/you will have to find the £1,200 to start with and then claim it back.

 

You need to be careful on the quality of workmanship and I think even though they are more expensive, (get a quote), I would take it to the main dealer so you get genuine parts and it will be covered.

 

Are these phone calls on a land line or to a mobile? if to a mobile, then record them, you don't need to give them notice or get their permission to record. If it's to a land line it might be worth you having a look on ebay or Maplins for a phone recorder. It seems as if they want to put nothing on paper so are ringing instead of writing.

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We did send a recorded delivery letter telling them to fix it and its from that that we got the phone call saying they wouldn't! Some info we read said we had to give them the chance. If we do this ie take the car and get it repaired, how confident can we be of getting the money back? Does this mean a small claim court case? Would we win? If we did would he pay up? Thankyou so much for your help. I'll show my son all this tomorrow. Gill

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Can we have age, mileage and what car please. This is all relevant to any claim that might be persued. For all we know it might be some NOxed up Saxo (not like mine I may add).

 

Proper process followed based on few facts.............not good advice is it?

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I'll contact my son for details of the car. I know its a toyota previa,diesal. They paid £3600 because the write up was good, new engine etc.

My son did a lot of research before buying. He sold his beloved old landrover to get it, they'd just had 4th child so needed more of an economical family car! Pretty sure he paid cash as he was paid cash for the landrover...some chap drove from Germany for it!

Will let you know asap, thanks.

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The car is a toyota previa gls d4d. Manufacture date 2002. However it had the engine and turbo replaced 17th Jan 2009. The replacement engine had 18,000 miles on it. It was put into the previa at 97500 miles. Its now on 136,000 miles, meaning the engine has covered less than 40,000 miles and requires major work again. Thankyou, Gill

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