recurring problem with used car in Scotland

[uk_geezer]

Location = Scotland

My Sister bought a Renault Scenic for £3,000 from a small dealer 100miles away (day 1).

On day 2 it broke down with INJECTOR FAULT displayed on the dash, and was recovered to a small local garage who managed to get the car going (this work was authorised by the dealer and has been paid for by the dealer).

Day 5 the car broke down again, and local garage attended and got it going.

Day 7 the car broke down again and sat at my Mother's until it was recovered on day 14 by local garage, and they got it going.

Day 18 the car broke down again, and local garage attended and got it going.

My Sister then visited a local small Renault specialist for advice, and they advised returning to the small local garage and having a "pump" swapped from a donor vehicle as a first course of action; further advising that if that didn't rectify the problem then it would indeed be the "injectors" which needed replacing at a cost of over a thousand pounds.

Having the "pump" swapped, the car broke down again on day 20.

My Sister wrote to the dealer she purchased the car from, a "standard letter" dictated by Trading Standards (Sale of Goods Act 1979 etc). After a week or so they recovered the car the 100miles to their location, and kept it for several weeks before telling my Sister it was ready for collection. My Sister travelled the 100miles by Train to collect the car and when she got there the dealer wouldn't let her take the car away unless she signed a letter waiving her rights to any further warranty claim. As my Sister is the sole carer for my other (wheelchair confined) Sister, and my elderly Mother, she reluctantly signed and drove off.

The car has broken down several times since, and has been got going by local garage. The dealer gives my Sister and my Mother abuse when they phoned to complain, and told them not to ring him again, further threatening to take my Sister to Court, and saying the fault with the car was caused by UNAUTHORISED REPAIR from my Sister's small local garage, which the dealer in fact authorised AND paid, and from the car being used WITH FUEL TANK EMPTY/ALMOST EMPTY.

My Sister had to hire a car whilst hers was back at the dealer for several weeks as she has to have transport to care for my other Sister and Mother (the 3 of them live separately).

My Sister has seen a local Solicitor who has been less than helpful, and keeps fobbing my Sister off onto her trainee.

What are my Sister's options regards refund, forcing a repair, getting it repaired herself and claiming from dealer, costs for hire car, etc....

Any and all advice would be much appreciated.

[ericsbrother]

You dont say how long ago this car was purchased nor how old it is. Both of these facts will have a bearing on whether the car was missold and you are entitled to a refund or repairs. Speak to your local CAB as soon as possible, If the purchase was not long ago you can claim not to have "accepted" the goods and would be due a refund. If you have spent a lot of time faffing about then your best hope is for proper repairs and refund of your train fare as you will have been deemed to accept the vehicle and then it is down to what is reasonable for the car's age. I'm not surprised about the solicitor, they dont want the pain and misery of this not particularly clear-cut case and are happy to give it to a junior because it doesnt really interest them. Get back on to Trading standards though, they may take up the cudgels if they have previous with this dealer.

[uk_geezer]

Car is 7 years old and was bought in October.

 

My Sister has already "demanded" a refund and been met with abuse. The dealer "repaired" the car (NOT). The local Renault specialist has advised that the cost of repairs exceeds the value of the car once repaired. It also turns out (I have only just learned) that ALL tyres on the car were below the legal minimum when sold.

 

I have advised my Sister to raise a Summary Cause in the Sheriff Court.