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Trying to get our car fixed by car dealer, or money back

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Hello all,


I've read some good advice from others here and so thought you may be able to help me with this one.


In April 2012, we bought a used car from a nearby dealer. This was a simple, verbal contract, although warranty was in writing, up to £500. The car was serviced and MOTd.


From very early on, there was a strange sound coming from the engine, and after about three weeks of driving the car, it broke. We took it back to the dealer and he promised to fix it.


He fixed it once, but obviously fixed the wrong thing (we were not provided details of what he did) so he had to take it back in.


The story goes on and on, and it has now been eight months! We bought the car in good faith. To my understanding, this should now be a voidable contract, as the other party mispresented the car's condition to us, and we have been able to drive the car less than a month in total. We have been provided with 'courtesy' cars, but they have not been of the same value as the car we bought. A retail value of them all has been approx. £400 whereas the retail value of our car to us was £2000. The courtesy cars have also stopped working, had faulty wipers etc, which have caused both danger (driving in heavy rain and finding the wipers do not work anymore) and cost (I have had to take a taxi to get to my hospital appointments, and we have had to hire a car to get on holiday because the courtesy car has stopped working and the dealer has been unable to provide us with another car in time).


We did go to talk to them last summer, to see if we could either get another car to replace the one they were supposed to fix (but always had reasons why they had not done, or could not do), or to get our money back. The company director was adamant that he would get it fixed very soon, so we decided to wait. After that, every time I have been there, there has been a reason why it was not done, but they always said they were working on it.


What I have now discovered of the company is that there was a first notification of strike-off action in July 2012, but it was suspended in August 2012, so they obviously have other creditors.


We visited the dealer today, and I got angry about the fact that they could not give us another 'courtesy' car to replace the one that is not working anymore. We rely on having a car, and we were supposed to go on a weekend break tomorrow, for which we have now had to hire a car.


What would you kind people suggest we do? I am a Legal Secretary and I know we have a good case, but my partner is unwilling to take the matter to court. I may be able to pesuade him that we should serve a statutory demand, but I am a little worried because these people know where we live, and today when we went there, the manager got aggressive towards me (pointing with his finger, using threatening language). I was not aggressive, but I was speaking in an angry tone because they promised to give us a courtesy car today, but then informed us (without any kind of apology) that they could not get us a car today. I do not believe that what I said and how I said it justified his behaviour towards me.


Sorry about the lengthy post! I hope someone can help me with this one, it's causing major distress.



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