Jump to content


hurtbuyer

Refund on car and consequential costs (warranty and insurance

style="text-align:center;"> Please note that this topic has not had any new posts for the last 2249 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi All,

 

This is my first post here - so please be gentle if I do anything wrong :-).

 

I am in a bit of a distress situation here.

 

I bought a used car (2003 model) with 102k miles just over a month back for £6700 from a used car dealer who are not local to me.

They are a well established business.

They also sold us a used car warranty for £280 from a third party company.

The car drove fine on the test drive and the car was described as outstanding on autotrader and their website (I have a printout).

 

We bought the car and drove it back.

 

Next morning, the car failed to start.

 

The dealer asked me to take it to a specialist for the brand but not the main dealer and agreed to pay the cost of repair.

I got my recovery company to take the car to the local specialist.

 

The specialist thought some adjustment of a component fixed it and they said it needed a new battery - the seller paid the £300 or so bill.

 

Got the car back home and next day morning again failed to start.

The seller was frustrated and agreed to have it looked at the main dealers local to me which he arranged.

 

I got my recovery company to tow it to the main dealer.

 

After 2 weeks, the main dealer says that they might have found the problem and it will cost about £1400 to fix but they can't guarantee it.

 

Based on this the seller has said that they can't risk it and has agreed to take the car back and refund the cost of the car.

But they are willing to refund only £100 out of the warranty cost.

 

Now I have also been insuring the car for this time and paid for it.

I have had to spend a lot of money in taxi fares because I haven't had a car.

The car has nearly £100 worth of fuel that I put in.

 

I will happily agree if they pay the cost of the car and the warranty in full but they are being very difficult.

 

Infact they have been difficult all through.

 

Even though they have arranged things, it was only through incessant pestering.

 

I called local trading standards about this and they said the consequential costs like warranty, insurance etc, will depend on a judge's decision if it is not resolved earlier.

 

Any thoughts on where this might go?

 

One other point - the car had a personalised number plate which the previous owner was retaining. The seller said that they had sent the V5 to DVLA to get it back to an 03 plate and would send the new V5 to me soon. More than a month later, the V5 still hasn't arrived.

 

Can anyone advice on what I should do. I am left here feeling very frustrated that I have not had 1 mile worth of use of the car and my money is stuck.

 

Thanks in anticipation for any help - will be much appreciated.

Share this post


Link to post
Share on other sites

Ring your insurance company in the morning and ask them to suspend your insurance, tell them the car was unsuitable and the dealer is giving you a refund. That way you won't lose

any of the premiums you have paid.

 

Was the warranty offered to you or did you ask for it ? (I know the answer before you say). You must insist on a full refund of the premium for that and can use the threat of court to enforce your determination to be fully refunded.

 

Don't threaten court if you don't intend to go through with it though. It will cost you around £30 which you add to the claim.

 

All the above should be done in writing, either Royal Mail recorded or email.

 

The Main Dealer might be willing to drain the fuel for you, ask him.

 

Was there any mention of what the main dealer thinks the problem might be ?

Share this post


Link to post
Share on other sites

IMHO you should be placed back in the position as had you not purchased the car.

 

they CANNOT deduct money from the warranty 'because you have 'used' it'

 

you DONT need the warranty AT ALL>

 

all the work would and SHOULD have been done under SOGA or the selling of goods act FOC.

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

Although it may not be relevant, what make is the vehicle?

Share this post


Link to post
Share on other sites

Now they are offering £130 out of the £280 paid for the warranty and have said they will not discuss any further.

 

I feel ripped off - I need the money to be able to buy another car.

 

If I take the formal route it will mean a delay in getting my money and hassle because of that as I won't be able to buy a car. If I don't accept and take the formal route, how long can it take? Also is there a guarantee that I will get the full warranty money back.

 

Or is it the time to say that I accept the £150 loss and move on.

 

Can I take the offer that they are giving me and then pursue later for the remaining warranty money?

Share this post


Link to post
Share on other sites

Just to add as well that the warranty paperwork says that to the best of the dealer's knowledge he has checked that the car is roadworthy, mechanically sound and a pre delivery inspection has been carried out. It is signed and stamped by the dealer.

 

Does that make my position stronger in any way?

Share this post


Link to post
Share on other sites

Hi,

 

I'm fairly certain that the dealer you bought it from is liable for any fault with the car within the first 3 months. No need to involve the warranty company, that's on top of you statutory rights and doesn't override it.

Share this post


Link to post
Share on other sites

NOTHING to do with any warranty

 

its covered under SOGA.

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites
Hi,

 

I'm fairly certain that the dealer you bought it from is liable for any fault with the car within the first 3 months. No need to involve the warranty company, that's on top of you statutory rights and doesn't override it.

 

 

I'm not sure where this '3 months' bit has come from. I see lots of posts mentioning this but it is not laid down anywhere. The SOGA is in place for six years. The only mention of time is 6 months, during the first 6 months any faults are assumed to have been there at the time of sale and it is up to the seller to prove otherwise, so a buyer is not restricted in bringing any claims or demands after the 3 month period.

Edited by Conniff
typo correction

Share this post


Link to post
Share on other sites
I'm not sure where this '3 months' bit has come from. I see lots of posts mentioning this but it is not laid down anywhere. The SOGA is in place for six years. The only mention of 3 months is that during the first 3 months any faults are assumed to have been there at the time of sale and it is up to the seller to prove otherwise, so a buyer is not restricted in bringing any claims or demands after the

3 month period.

 

It's actually 6 months. Theres a reverse burden of proof on the seller to demonstrate, within the first 6 months from sale, that the goods conformed to the contract at the time of sale.Consumers have 6 years (5 in Scotland) in which to bring a claim under SOGA, but that certainly doesn't mean that all remedies would be available after such a time. Any remedy would take account of any use of the goods etc. My advice though is to first take the refund (that way you have most of your money back) and pursue for the remaining costs in the small claims court if necessary.

Share this post


Link to post
Share on other sites

Tks for that, it was a typo, now corrected.

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...