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Purchased a used car (82k miles, 04) beginning of Nov 2013. Car sold as being in "stunning condition" & paid a price that reflected this supposed fact. 2 weeks later car breaks down, we take it to our local indy, it is diagnosed - needs a new pump - cost £800+. Call dealer, he insists on flat bedding it to a garage of his choice 30 miles away. They take it, few days later call, say it's all fixed come get it. We pick it up and yes it is fixed, for a week.

 

Week later on Christmas Eve pump fails again (each time it fails the car gets stuck in neutral and leaves us - with a 1 year old in the back - stranded at roundabouts, traffic lights, junctions etc.) Call dealer again, we make it clear we either want a new pump or to return the car. He again insists on taking it back to his local garage so off it goes, it is gone for 2 weeks over the new year, garage confirms pump is dead & needs a new one. Dealer tells us they are going to source and fit a new pump. Pick the car up and it's working - yay.

 

Fast forward 3 months to now. Pump is failing again - managed to get it to local indy who checks it out. New pump they put in wasn't new - came off a breaker. Apparently it is rusty, weathered, in a terrible state & has broken again. He has given us a report that states this.

 

This fault has been present since the 2nd week after purchase and now we are about 2 weeks passed the initial 6 months, it still has the same fault. Can we reject the car? If there is even the slimmest chance of winning in court I'd rather try it than scrap it for £150 without giving it a go.

 

(and yes, it is an old car & things go wrong, but I refuse to believe a £900 job on a £2k 'stunning condition' car 2 weeks after purchase is reasonable!)

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Hi, thank you.

 

Paid £400 cash and they gave £1.5k p/x on our old Astra. We have the receipt for the car obviously, a screenshot of the original advert stating the stunning condition & listing no faults, a quote from an indy stating the price etc for a new pump (dated the first time it failed), a letter from the dealers garage stating a pump the dealer supplied was fitted (dated the 2nd time it failed), a letter/diagnostic from indy dated today stating the terrible condition of the pump and that it has failed & needs a new one and are waiting on another email quote from a different local indy. Our mechanic has agreed to help out as much as poss should we end up going down the court route, it has been taken to him every time it died.

 

Unfortunately all other corrospondance was via the phone & dealer didn't let us have much to do with the garage they used.

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"paid a price that reflected this supposed fact"

 

You paid £400 for a "Stunning Condition" car!?

 

Then £800 for a new pump? I can't think of a £400 car that has a pump worth £800.

 

What car was it?

 

Edit: Did you mean £4,000?

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"paid a price that reflected this supposed fact"

 

You paid £400 for a "Stunning Condition" car!?

 

Then £800 for a new pump? I can't think of a £400 car that has a pump worth £800.

 

What car was it?

 

 

 

 

It was £1500 + £400 px so £1900....

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No, we paid £400 cash on top of £1.5k we got given for our Astra. - £1.9k total.

 

It's a Fiat Stilo Abarth. Selespeed pump is £580 alone + oil + approx 3 hours labour + VAT....

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Hi toxicty

 

Have a read of the following:-

 

http://www.which.co.uk/consumer-rights/problem/the-second-hand--car-i-bought-has-a-problem-what-are-my-rights

 

Send the letter rejecting the car, as the car wasn't as described and this has resulted in the same fault appearing three times. Ring CAB up, get a Reference Number, write : Ref xxxxxxxxxxx, Trading Standards on the letter. Send it Recorded Delivery.

 

I think you need to give a full but brief summary in the letter, including the so called new part fitted, which was actually a rusty old part.

 

Have a read of the OFT's Guide for Dealers Second Hand Car's:-

 

http://www.oft.gov.uk/shared_oft/reports/676408/oft1241.pdf

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I would give the dealer one last chance to fit a new pump.

That would look very reasonable if you had to take them to court and make a win more probable.

By now they know that they won't get away with another scrap pump, so maybe they will bite the bullet and fit a new one.

I know it's all a big 'if', but you have to give them a reasonable chance to fix the car.

imo you already have, but would a judge think the same?

If you gave them another chance and they failed to deliver again, then their defence would be very very weak.

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I appreciate that, if it wasn't for the nature of the fault I probably would be inclined to give them another chance. If it was a case of getting in the car & it not starting then yeah but it's an incredibly dangerous fault IMO. Example - first time it happened we were approaching a light turning from yellow to green, we slowed and it dropped into neutral, stopping the car. Car behind us noticed we had stopped at the last second and swerved to miss hitting us, we had a baby in the back. Second time we held up a long line of traffic at the lights, people were beeping, shouting and cursing at us, not so bad but again - baby daughter in the back. This last time, it actually dropped into neutral whilst accelerating in 2nd gear, car rolled to a sudden stop on a busy road, car behind us again swerving just in time and again, our daughter was in the back.

 

Imagine if this happened doing 80 down a motorway. We will never trust the car again - you shouldn't have to panic every time you approach a traffic light or junction, or drive constantly looking down at the gear selector.

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You should'nt be donig 80 down the motorway espicallu with your baby daughter in the back of the car, that would be dangerous

It is easier to enter a rich man than for a camel to pass a needle

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I was being extreme to make a point, whether it is 60, 70 or 80, whether my daughter is in the back or not - the car dropping into neutral and rolling to a stop on ANY road at ANY speed is a potential crash waiting to happen.

 

We have never & would never drive this car on a motorway.

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I think he was using 80, picked at random, that's the way I read it.

 

You should'nt be donig 80 down the motorway espicallu with your baby daughter in the back of the car, that would be dangerous
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If you were doing 50/60/70 or even 80 on a motoway the car would still steer correctly...just needs more effort but not to the extent it would be undriveable. At 82K miles dealer should fit a recon pump (or a new one with a contribution from the OP). Used cars don't last forever but are expected to last a certain period of time. Put that to them. If it's a new pump then a contribution would be fair.

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What has steering got to do with it? If I was doing 70mph down the motorway and happened to not be in the slow lane & the car dropped into neutral the car would slow & come to a stop pretty quick, so I could have to potentially try & cross lanes, whilst it was stopping, to get to the hard shoulder. How is that not ridiculously dangerous!?

 

On another note, we have had quite a good quote for a new pump. If I asked the dealer to pay for all/half the cost & they didn't, would I be able to pay the full bill then try small claims to recoup some of it?

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What pump are we talking about?

Fuel pump?

Water pump?

Whatever pump it is £800 is very expensive for a Fiat pump.

Aftermarket pumps are identical or better than the originals and cost peanuts.

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It's a selespeed gearbox pump. When it isn't working properly (which it isn't) the car won't change gear/will randomly drop into neutral when driving & not move out of it.

 

I have had a quote almost half that amount now, which is why I am now asking if I paid to get it fixed, whether I would have the option to try and get the dealer to contribute to the bill.

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What has steering got to do with it? If I was doing 70mph down the motorway and happened to not be in the slow lane & the car dropped into neutral the car would slow & come to a stop pretty quick, so I could have to potentially try & cross lanes, whilst it was stopping, to get to the hard shoulder. How is that not ridiculously dangerous!?

 

On another note, we have had quite a good quote for a new pump. If I asked the dealer to pay for all/half the cost & they didn't, would I be able to pay the full bill then try small claims to recoup some of it?

 

Sorry toxicity...for some reason I thought you were referring to the steering PAS pump, my mistake.

 

However the same prinicipal still applies. Dealer is entitled to replace with a used pump but if you want new then dealer would be entitled to claim for difference between new and used based on the expected life. In your case 82% of the cost. You nhave not bought a new car remember.

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  • 4 weeks later...

We paid to have the car fixed, dealer (as expected) ignored our letter asking for them to pay all/some of the costs. Looking for some help filling in the N1 claim form, the 'brief details of claim' part in particular.

 

Any ideas? Never done this before so totally lost & don't want to mess it up!

 

Also, do I photocopy all my evidence and send it with the forms?

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Thanks.

 

I've also just noticed that the location of the actual dealership/forecourt (where I purchased the car and sent my original letter asking for a contribution towards the bill) is in fact not their registered business address. Do I need to start again and send another letter to their registered address or can I just proceed with the claim?

 

If the latter, do I put their forecourt address down or their registered business address? Ahh this is confusing.

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I would send another letter, Recorded Delivery.

 

Thanks.

 

I've also just noticed that the location of the actual dealership/forecourt (where I purchased the car and sent my original letter asking for a contribution towards the bill) is in fact not their registered business address. Do I need to start again and send another letter to their registered address or can I just proceed with the claim?

 

If the latter, do I put their forecourt address down or their registered business address? Ahh this is confusing.

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Gets even better, the registered address they show on their website is totally different to the registered address shown on companies house & company check, not only that but the companies house registered address for the car dealer appears to be the address of an accountancy company and/or a beauty salon.

 

Guess I will need to pay CAB a visit because I am totally lost.

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CAB will pass it onto Trading Standards if it needs looking into.

 

http://www.adviceguide.org.uk/wales/consumer_w/consumer_protection_for_the_consumer_e/protection_trading_standards_e/trading_standards_problems_they_can_help_with.htm

 

Gets even better, the registered address they show on their website is totally different to the registered address shown on companies house & company check, not only that but the companies house registered address for the car dealer appears to be the address of an accountancy company and/or a beauty salon.

 

Guess I will need to pay CAB a visit because I am totally lost.

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