Refunds, and rights returning a broken vehicle over 100 miles away!

[kosciuszko]

Hi folks,

first time posting, so thanks for looking, and any help or advice offered.

 

To start, I purchased a vehicle on the 28.09.12 from Manchester. I live in Birmingham, I know, a treck! But what drew me up there was the advertised offer in the Auto Trader of a 'full 12 months parts and labour nationwide warranty'.

I spoke to the car salesman asking the obvious beforehand; if the car broke down in Brum, do I have to return it to Manchester to get fixed? He highlighted the 'nationwide' part of the warranty, and said any garage nationwide was covered. So off I trotted up to Manchester, and purchased the car (Renault Laguna DCI, 53 plate).

By 08.10.12, the gearbox was neigh on enusable, and I contacted the warranty people, who said the car did not have a valid warranty in my name. I figured it may have been due to the logbook changeover, but they said that a new warranty should have been purchased upon sale of the car, which never happened. They also said that the car did have a warranty attached, but that it was in a different name, and that their warranties are not transferrable either. Since the 8th, the car has also developed a major turbo fault, and now the drivers side wheel makes a terrible knocking noise when I turn the wheel. The dealer has tried every trick in the book to avoid me, even saying that he had purchased a new warranty, but when I rang the warranty people up, guess what? No new warranty in my name had been purchased. I have gone down the usual TS route, and sent the dealer a letter outlining my case as per TS advice, and given him until the 26.10.12 to refund me fully, to which so far, I have heard no reply.

My questions are these-

I want a refund, but as the car is unsafe to be driven back to Manchester, what are my rights with demanding he take responsibilty for the car, and return it to his garage, since as it broke down so soon? Do I have to return it to him to get my refund at my expense even though it stated 'nationwide' warranty on the now void warranty?

And second, since as I have still heard no reply, and my family have a holiday booked for 26.10.12, which as it stands we cannot attend because of this, do we have any legal rights to demand that he pay for the cost of the holiday?

Further, can he demand that I return the car to him to be fixed? Would not the failed warranty offer of nationwide cover be enough for me to refuse this offer for obvious reasons?

Or can I, if he refuses to pay a refund, take the car to the local garage and get him to pay?

The big problem is that the work needed is major, and is expected to run up above the £1,000 mark, which is money I simply do not have if I am expected to pay beforehand.

 

Again, thanks for looking, and thanks for any and all help offered.

[Nagasis]

What was the purchase price and how many miles has it done?

 

My initial thought is to reject the car under soga.

Due to the age of the vehicle the repair costs for a gearbox, turbo and unknown suspension fault may not be worth repairing.

 

If you had had the car longer you probably would have had to go down the repair route at shared cost but as the deal supposed to had a warranty included which is not the case and that you have owned it 2-3 weeks I would reject it.

[Zonker]

Its misrepresented, claimed to have 12 month national parts and labour. Its upto the seller to describe accurately. Basically you didnt get what you paid for. You should get in contact with the seller of the vehicle explaining that there is no cover for parts or labour.

Edited October 20, 2012 by Zonker
additional information

[Conniff]

No you don't have to return it. You must send a letter, recorded so you have proof of receipt, and inform the seller you are rejecting the car and the reasons for doing so but don't pad out the letter with non relevent waffle.

You inform him that the car is at xx address for him to collect.

You must not use the car any more.