Dealer wont give me refund

[stickyb]

To cut a long story short.

 

I purchased a car and within a day of owning the vehicle the brakes failed. The car was recovered to a local garage and they highlighted some other major issues resulting in the car being unroadworthy and quoted repair costs of £600.

 

With a few conversation with the garage they stated they are willing to repair the vehicle. However, they must inspect the vehicle first and i must take the car back to them. This wouldn't be possible due to the issue with the car and i feel i shouldn't have to spend over £120 in having the car recovered back to them - especially when i have only owned it less than a few days.

 

I put in writing that i wish to reject the car and claim a full refund. However the garage are refusing to do/offer this only stating they are willing to do a repair - again i must return the vehicle.

 

Who decides/is it my right to ask for a full refund rather than a repair? SOGA?

[sailor sam]

Hi and welcome to CAG.

 

Can we have a bit more info please. Make/Model/Year/price paid and exact purchase date. Also can you be a bit more specific about the problem... like what the problem is with the brakes? And how was the car advertised. I am assuming that you purchased it from a dealer.

 

Under the SOGA, the car must be fit for the purpose, as described and of satisfactory quality. The seller is correct in saying that he should be able to investigate the problem but it depends on a few things on who is responsible for recovery. At the end of the day, if it is a fault to which the seller is responsible for, then the seller is also responsible for your consequential losses, i.e. the recovery costs of the vehicle.

 

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.

[stickyb]

Hi and welcome to CAG.

 

Can we have a bit more info please. Make/Model/Year/price paid and exact purchase date. Also can you be a bit more specific about the problem... like what the problem is with the brakes? And how was the car advertised. I am assuming that you purchased it from a dealer.

 

Under the SOGA, the car must be fit for the purpose, as described and of satisfactory quality. The seller is correct in saying that he should be able to investigate the problem but it depends on a few things on who is responsible for recovery. At the end of the day, if it is a fault to which the seller is responsible for, then the seller is also responsible for your consequential losses, i.e. the recovery costs of the vehicle.

 

Thanks for your reply.

 

Car: 2000 Fabia, 77,000 miles for £1700 - bought from dealer with 5 months valid MOT - advertised as normal (no faults declared)

 

Faults:

Steering column leaking fluid - requires new

Rear brake binding

Rear brakes leaking brake fluid and contaminated shoes - requires new

[sailor sam]

Thanks for your reply.

 

Car: 2000 Fabia, 77,000 miles for £1700 - bought from dealer with 5 months valid MOT - advertised as normal (no faults declared)

 

Faults:

Steering column leaking fluid - requires new

Rear brake binding

Rear brakes leaking brake fluid and contaminated shoes - requires new

 

And the purchase date?

 

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.

[stickyb]

And the purchase date?

 

March 2012 - however, smalls claims has been used and a date set.

 

Request for refund was sent with 3 days of the faults occurring - just looking at additional information to strengthen my case

[sailor sam]

Ok, so your situation is at a progressed stage and you have issued a claim. any advice at this stage will be fairly limited because we don't know what has happened between the intital breakdown and now. What should of happened is that you initially contact the seller to report the problem and ask him to rectify (which obviously you did). You then back this up in writing if the seller is evasive or uncooperative giving him a time limit or you will have the repairs carried out yourself and present him with the bill. Alternatively, if the faults are serious (or upon inspection, the car is deemed to be not as sold or of unsatisfactory quality) you may choose to reject the car in which case the seller is responsible to collect.

 

Providing that you have followed this basic path and exhausted all other avenues to resolve the issue, then you issue your claim. However, no matter how strong your case is (and no-one here will be able to tell you on the information so far given), actually obtaining a refund may not be as straight forward as you think as most rouge dealers will know. The court will no doubt ask for an independent inspection of the vehicle which normally will cost around £400. The court will expect both parties to pay this between them although if you win the case, all your costs (and consequential losses) can be added to your claim.

 

Not a lot I can add i'm afraid as you appear to have already got the legal ball rolling.

 

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.

[stickyb]

Many thanks for your help - appreciate it.

 

I guess my main question/reason for posting was. That in the SOGA it says that i'm entitled to either a refund, repair or replacement. Just wondering who decides what is offered. As a customer do i have the choice to select? When the goods are not as satisfactory quality.

[afcwben]

Many thanks for your help - appreciate it.

 

I guess my main question/reason for posting was. That in the SOGA it says that i'm entitled to either a refund, repair or replacement. Just wondering who decides what is offered. As a customer do i have the choice to select? When the goods are not as satisfactory quality.

 

From what I understand the seller has to be given the opportunity to correct the fault first