Bought a car yesterday engine smokes while driving home! Please need advise.

[aimar26]

Hi I'm new to this forum and I need some legal advise please..

 

The story is I bought a car yesterday Friday 7/06/2013 from a trader and I part exchange my old car, while driving back home after collecting the car from the seller after a cold start and about 10 minutes driving at speed 40- 50 mph, the car will not accelerate and seems to hit a flat spot or limiter. Pressing the accelerator to the floor just kicks out smoke!!! Then I decided to stop because the lorry almost hit me by the round about with my daughter!, so I rang the trader and told them what happened to me and the guy told me to bring it back and it could just be a diesel fuel injector and he will get it to fix, then I rang RAC to tow it back to them and the RAC guy reported it has intermittent power loss and black smoke.

 

Now my question is I don't want a repair anymore as I was still under trauma since what happen to me and my daughter yesterday because the car is not safe to drive and it could be happen again.

 

Can someone please light a shade on me if I still have the right to ask a full refund?

 

Many thanks guys for your help!

[sailor sam]

Hi and welcome to CAG.

 

Can you expand on what the connection is with "the lorry almost hitting you" please?

[tezza1234]

You can reject the car under the sale of goods act, trader might refuse this, then its small claims court, Having said that the trader should be given a chance to repair also which they seem willing to do.

[aimar26]

Thanks for the respond guys.

 

I'm sorry for not explaining properly about the "lorry things" when I was at the round about I was expecting the car to pull normal instead it slow me down luckily there was enough time for me to accelerate and enough distance for the lorry to slow down and brake.

 

Regarding giving them a chance to "repair the car" What is my right to reject this?

 

Many thanks

[tezza1234]

You can reject under the sale of goods act if the car was sold as good but it obviously isnt, and is not road safe but if the garage refuses to accept the rejection then you will have to take it to small claims court. What was the car purchased, how old and for what price.

And you purchased from a garage, is that right.

 

Im not sure on the exact legalities regarding a rejection if the garage shows willing to want to repair.

[postggj]

As you are complaining about the vehicle within a few weeks of purchase, you are entitled to the following

 

• a full refund
  
• compensation (damages)
  
• repair or replacement
  
• rescission or reduction in price
  

The garage will be in breach of contract in selling a vehicle not fit for purpose. The only exemption will be if the motor trader told you at point of sale of any existing faults.

 

You need to reject the vehicle in writing, AND STOP USING IT

Be prepared to go to court though, i also recommend contacting trading standards to see if this trader has any prior form. The fault could simply be a one off so it is worth getting the dealer to rectify any faults. If you are still not happy after any repair, you will need to get an independent report done on the vehicle, diagnostic etc at your expense. While the car is in the garage, ask the dealer for a loan vehicle as you traded in your previous one.

 

 

May i ask mileage and year of registration of this vehicle

 

[aimar26]

You are right tezza1234 regarding "trader might refuse this" Just rang the trader and the guy was not really happy and even I insist them that the car is not drivable and It can cause an accident! Can someone please tell me or lead me where and how to file a complain?

 

The car was cost about 4,295 Toyota Corolla Verso 2.0 D4D 2004, GY54 FFC with almost 81K mil. My old car is toyota picnic 2.2 diesel 106k mil (very good condition no fault and in good faith) and it was trade for 400£ .

 

@ squaddie Could you send me the site to start the case?

 

Many Thanks guys

[tezza1234]

You have to write a letter rejecting the car and send via RM SD and STOP using the car, document evidence, write it all down, what happened, purchase dates, try to avoid telephone calls unless you can record them.

[tezza1234]

You are right tezza1234 regarding "trader might refuse this" Just rang the trader and the guy was not really happy and even I insist them that the car is not drivable and It can cause an accident! Can someone please tell me or lead me where and how to file a complain?

 

The car was cost about 4,295 Toyota Corolla Verso 2.0 D4D 2004, GY54 FFC with almost 81K mil. My old car is toyota picnic 2.2 diesel 106k mil (very good condition no fault and in good faith) and it was trade for 400£ .

 

@ squaddie Could you send me the site to start the case?

 

Many Thanks guys

 

What did they say then, ur not getting a refund n thats that sort of thing.

[postggj]

You need to do some reserch on this yourself so that you understand what is being asked. You need to look up the Sale of Goods Act 1979, the Consumer Protection from Unfair Trading Regulations 2008 and breach of contract

 

May i ask how you feel if i started quoting case law to support your claim, do you understand it or is it totally over your head? please be honest as i am trying to help.

 

Bernstein v Palmerston Motors 1987 CA

Scott and Scott v Blade Motor Company 1997.

Clegg v Olle Andersson (trading as Nordic Marine) CA

 

TO BEGIN WITH

 

You must stop using and reject the vehicle in writing with reasons given, and return the vehicle back to the motor trader with all documentation. Back up the rejection by sending the same letter by recorded delivery

 

Let me know what happens after that, time is now your enemy, do it today or latest Monday

Edited June 8, 2013 by squaddie

[sailor sam]

I would suggest (from the info the OP has posted) that rejecting and subsequently taking the matter to court will have little chance of success.

 

The seller will simply argue that he hasn't been given reasonable opportunity to inspect and rectify the problem after offering to do so. The fault may be not as serious as it seems after all.

[postggj]

He needs to reject the vehicle in writing through breach of contract and give the motor trader an opportunity to fix the problem. If the trader declines, then consider civil proceedings

 

He must stop using the vehicle and return it to the trader

[sailor sam]

He needs to reject the vehicle in writing through breach of contract and give the motor trader an opportunity to fix the problem. If the trader declines, then consider civil proceedings

 

He must stop using the vehicle and return it to the trader

 

With respect, you cannot reject a vehicle THEN give the seller the opportunity to 'fix'. You give the opportunity to fix first and rejection option becomes available when the seller either refuses or is unable to rectify. The seller has apparently offered a remedy which provides him with a defence if the OP takes the matter to court.

[aimar26]

Hi Guys,

 

While ago I emailed the trader for a full refund and explain them what happen to us while driving the car, and they replied and very apologetic (very different from the person that I spoke with the phone) and tell me that they are going to repair the car and call me as soon as it get fix. Will this affect my rights to ask a full refund?

 

 

One more thing to clarify I don't have the car now since yesterday because the RAC and I towed it back to them and they gave me back my old car back.

 

Many Thanks

[sailor sam]

Hi Guys,

 

While ago I emailed the trader for a full refund and explain them what happen to us while driving the car, and they replied and very apologetic (very different from the person that I spoke with the phone) and tell me that they are going to repair the car and call me as soon as it get fix. Will this affect my rights to ask a full refund?

 

 

One more thing to clarify I don't have the car now since yesterday because the RAC and I towed it back to them and they gave me back my old car back.

 

Many Thanks

 

If the repair is not satisfactory then no.

[aimar26]

What about if I'll reject the offer to repair the car? and insist for refund?

 

Just found the same problem on toyota owners club forum on corolla verso D4D 2.0 engine and it's seems one of the common fault of D4D's engine it's very expensive to repair and the problem will occur again once fixed.

 

Many Thanks

[sailor sam]

What about if I'll reject the offer to repair the car? and insist for refund?

 

See post #11

 

Just found the same problem on toyota owners club forum on corolla verso D4D 2.0 engine and it's seems one of the common fault of D4D's engine it's very expensive to repair and the problem will occur again once fixed.

 

 

This may well be the case. But you weaken your argument in court if you do not provide the seller reasonable opportunity to prove otherwise by allowing him to inspect the car and rectify. Once you have done that, if the issue still remains, then you have more of a case to reject.

 

You can of course ignore my advice and go ahead and formally reject the car. But I think you would regret it as no doubt you will have to issue a court application which will initially be costly for you. It also could potentially a lengthy process with no guarantee of success and in the meantime you will have a car which you cannot drive.

[tezza1234]

See post #11

 

 

 

 

This may well be the case. But you weaken your argument in court if you do not provide the seller reasonable opportunity to prove otherwise by allowing him to inspect the car and rectify. Once you have done that, if the issue still remains, then you have more of a case to reject.

 

You can of course ignore my advice and go ahead and formally reject the car. But I think you would regret it as no doubt you will have to issue a court application which will initially be costly for you. It also could potentially a lengthy process with no guarantee of success and in the meantime you will have a car which you cannot drive.

 

Im going through similar but i have given the garage a chance to rectify before i reject, do i think they have fixed it properly, no, but i dont know that, you have to give the garage a chance.

[Conniff]

With a purchase and return the same day you can demand a full refund and not accept a repair or replacement. If you do go for a repair, you should put in writing that you will accept a repair only if it is successful and you do not rescind your right to reject at a later date.

[aimar26]

Hi connif could you please send me the link about returning the goods it it's found faulty on the same day.

 

Many thanks to all guys

[Conniff]

Sale of Goods Act 1979 (as amended)

 

http://www.legislation.gov.uk/ukpga/1979/54

Edited June 10, 2013 by Conniff

[aimar26]

Hi squaddie, Could you please give a quote regarding my case?

 

Just been to trader today to ask politely a refund and give my V5 docs back for my old car and he refused it.

And he's blaming me that I damage the car due to driving empty fuel!!!

He told me if we are going to the court, I have to pay for the parts that he bought because he already initiated the repair!!!

 

Can someone tell me what's the chance of winning this case?

 

Many Thanks

 

 

You need to do some reserch on this yourself so that you understand what is being asked. You need to look up the Sale of Goods Act 1979, the Consumer Protection from Unfair Trading Regulations 2008 and breach of contract

 

May i ask how you feel if i started quoting case law to support your claim, do you understand it or is it totally over your head? please be honest as i am trying to help.

 

Bernstein v Palmerston Motors 1987 CA

Scott and Scott v Blade Motor Company 1997.

Clegg v Olle Andersson (trading as Nordic Marine) CA

 

TO BEGIN WITH

 

You must stop using and reject the vehicle in writing with reasons given, and return the vehicle back to the motor trader with all documentation. Back up the rejection by sending the same letter by recorded delivery

 

Let me know what happens after that, time is now your enemy, do it today or latest Monday

[postggj]

Has the trader given any formal notification in writing of his rejection for a refund due to faulty goods

[Conniff]

You need to answer some questions aimar26:

 

Did you give the dealer a letter saying you reject the car ?

Has the dealer been told by you he can try to fix it ?

[aimar26]

Hi guys,

 

This is what happen collected the car Friday 07-06-2013 then the car broken down same day while driving back home, so I call the trader and told them what happen, and they told me to bring it back to them and they will look at it ( I must have said OK to repair or look at it) but it cannot be done until Monday because the mechanics is not available on Saturday.

Then the following day Saturday I call them and told them that I don't want a repair anymore, I email them and send the letter at the same time rejecting the repair.