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Car Dealer, Repair or Refund?


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I'm looking for some advice or clarification on an issue I am having with a car dealer.

 

After having my car stolen in February and being paid out from the insurance, I decided to replace the car like for like. I eventually found the car I wanted, a year newer than my last model, from an independant dealer a few miles away.

 

Now when I picked the car up (Mondeo TDCi Zetec) I noticed it was very sluggish on start, and blew some smoke out under acceleration. The dealer said it was probably because it was stood for a while, and to give it a good blast on the motorway, in some ways that part is true with most diesels.

 

Cut a long story short, the problem never went away and it seems to be getting slightly worse. The car came with a 3 month warranty, and I understand i'm protected by the SOGA anyway.

 

The dealer asked me to take it to a local garage for inspection and forward him the report, which I did and paid for.

 

After dragging his heels, he has now asked me to take it back to him so his mechanics can take a look at it, chances are I know more about this model of car than his mechanics, and I am well aware of the possible faults and symptoms, and they could be quite costly, injectors, Flywheel and turbo.

 

My question is, am I entitled to have the car repaired and keep it, which is what I want to do, as apart from the problems the car is mint condition and low milage?

 

Or, can he refund me the money plus diagnostic fees (£3000) and take the car back?

 

I would like to keep the car as it the exact model, colour and specification that i wanted.

 

Thanks Steve

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typically most retailers repairs

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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typically most retailers repairs

 

dx

 

Thanks for the reply.

 

I'm hoping he does repair it, but I would like it repaired to a satisfactory standard. The cost of some of the things I predict are at fault could be costly, so I was thinking he might just take the car back.

 

Does he have the final say?

 

Can I demand a repair or does can he refund me if he wanted to?

 

I cant seem to find any solid info on that issue.

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he does have the final say yes.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Adviceguide doesn't seem very clear, they state I can demand a repair, and then they state I cant under the SOGA.

 

Either way, if he offers to refund me, I will be asking for costs also from the inconvenience he has caused.

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It is up to the dealer what he does as long as you aren't left out of pocket.He could offer you a different vehicle of the same or higher value, refund you or repair the vehicle. Ultimately, if you refuse a replacement or repair then the refund is the only option left. He will do whichever causes him the least trouble.

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Well the dealer is stalling at every chance now, never returns calls etc. Only speak to him after calling numerous times and he eventually answers. Saying that, the car is still in my possession and still faulty.

 

I have decided now to proceed with court action to recover any costs, this is going on for too long.

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Just got off the phone to the dealer, after numerous calls trying to contact him.

 

I have told him straight out that I would like a full refund on the car, plus the costs I paid for, under his advice for the diagnostics check.

 

He has told me that they will not give a refund as its not their policy, i'm sure their policy cannot overule law?

 

I suggested a would get the car repaired locally, and he can sort the cost out through the warranty, which he originally suggested first. He has now told me that the warranty might not cover the cost of repairs and I could be left out of pocket:!:

 

Surely this issue is a dealer one, and not one of a warranty. Either way I should not be out of pocket.

 

He promised me a courtesy car while mine was getting repaired, which I originally agreed to. He has now told me that his 'gaffer' will not loan out any more cars, this puts me under lots of inconvenience now, which he isnt allowed to do.

 

He said I have not given him the opportunity to repair it, but how can I when he keeps promising a loan vehicle which he is always waiting for to be returned....and now they have decided they dont loan them out?

 

I'm stuck now as to what to do, he ignores my calls and gives me excuse after excuse.

 

I wanted to take legal action, but only as a last resort:|

Edited by snico4
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Out of interest, what's the actual problem? I had something similar on an 03 Mondeo Giha 2.0 TDCI and after much checking it was found that the pipe feeing the exhaust into the turbo had split, so I wasn't getting any turbo presssure, and very poor performance/lots of smoke.

 

Turbo-Diesel - Turbo = Tractor!

Jeremy

 

Computer Problems? Give me a shout...

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Out of interest, what's the actual problem? I had something similar on an 03 Mondeo Giha 2.0 TDCI and after much checking it was found that the pipe feeing the exhaust into the turbo had split, so I wasn't getting any turbo presssure, and very poor performance/lots of smoke.

 

Turbo-Diesel - Turbo = Tractor!

 

The boost pipe is fine, I checked that myself. The Problem is the turbo itself, the actuator is sticking inside.

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Why are people pussy footing about with this warranty issue

 

A warranty means squat on a used car

 

it is the SOGA

 

YOU HAVE ASKED HIM TO REPAIR IT, HE DECLINED

 

YOU OBTAINED AN INDEPENDENT REPORT, HE DECLINED TO REPAIR

 

You must now send him a 14 day letter before action on instigating a claim in the county court if he fails to comply for full redress AND REJECT THE VEHICLE

 

you must stop driving the car

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