Not road worthy car purchased 8 days ago from dealer - advice needed

[kcsp85]

Hi everyone,

 

Bought a second hand mini cooper for my other half from this dealer: Jxxx Cxxx Limited in Hendon (please avoid them by the way, really nice and sweet before sale and absolutely rude after sale).

 

The car was purchased last Saturday 7 June 2014. Yesterday I drove it to pick up some wheels about 50 miles away. About 20 miles from home on the motorway the car rev itself to 6000rpm and stalled. I was able to pull over, started the car again and 10 minutes later the same problem happened.

 

I then decided to go home and on the way home, the issue happened another 8 times so 10 times in total.

 

The car when advertised was full of nice words but this problem was not mentioned at all (wouldn't have bought it if I had known this of course).

 

I've done some reading and I think I'm entitled for a refund. Called them up and as expected they said "no refund, bring the car back to us so we can check it out". The car cannot be driven safely and I don't think I can reach an amicable solution with them.

 

Please could you advise what are the best next move for me? My plan is as below:

 

- Send them an email + letter as written confirmation requesting a refund. Let them know that I will be taking necessary action to get my refund as I'm entitled.

- Call Trading Standard to report the problem.

 

What else should/can I do to put the pressure on them for a refund?

 

Many thanks for your help in advance.

Edited June 15, 2014 by ploddertom
Removed company name

[matt v atos]

Sorry how can you bring it back! it will never make it.

[kcsp85]

If they agree for a refund I will probably ask a recovery company to tow it back to them. They're about 10 miles from me, not very far.

[matt v atos]

I think you would have to give them a chance to fix it before a refund.Who will pay for tow truck?

[rebel11]

Hi kscp85

 

Welcome to CAG

 

How did you pay?

 

Here's some info:-Guidance for second hand car dealers

[dx100uk]

under 14 days

 

demand a refund

 

dx

[kcsp85]

How did you pay?

 

Hi I paid using Debit Card.

 

Thanks for the guide.

 

I've done quite a bit of research and think I'm eligible for a refund.

 

Just wondering what are the best way to demand the refund from them.

[kcsp85]

Thanks for your reply what do you think about my plan does it sound ok?

 

- Send them an email + letter as written confirmation requesting a refund. Let them know that I will be taking necessary action to get my refund as I'm entitled.

- Call Trading Standard to report the problem.

[matt v atos]

Your bank can do a chargeback on your card.

[Conniff]

You must reject it and that should be done by letter preferably by recorded delivery.

 

 

Tell them the car is not as described and not fit for purpose. Tell they must recover the car as it is not fit to be driven.

You do not, as a lot suggest, have to give them a chance to repair the car first, you follow consumer regulation and reject the car by letter.

 

 

Give them 7 days to collect and refund or you will do a chargeback on your card.

[matt v atos]

Or you could let them fix it .

[Conniff]

Or you could let them fix it .

 

Yes, you could, but you must remain in control.

 

 

You formally reject the car, (as above), but tell them you are willing to let them have one chance only at a repair and that any attempt at a repair does not relinquish your right to reject should the repair fail.

[matt v atos]

Yes, you could, but you must remain in control.

 

 

You formally reject the car, (as above), but tell them you are willing to let them have one chance only at a repair and that any attempt at a repair does not relinquish your right to reject should the repair fail.

 

Well said Conniff.

[kcsp85]

Thanks so much for your advice guys it's much appreciated.

 

After experiencing the horror of the car shutting down 10 times on the motorway, I have no trust in it anymore and will only go for a refund.

 

Will send an email + sent a recorded letter to them tomorrow and also call up Trading Standard too and see if they can give any further advice.

 

Thanks once again and I will keep you updated on the outcome of this. We consumers really need to fight against these rogue traders who think they can get away with ripping off people.

[matt v atos]

Yes keep us updated good luck.

[kcsp85]

Hi another update after sending them a formal letter requesting a refund they said I would need to recover the car back to them so they can have a look and "go from there".

 

My concern is that once the car is back to them, they will carry out a temporary fix to make it look like it's working and decline the refund.

 

I'm thinking to get a vehicle inspection report but called the AA and they said if the fault is with the gearbox I will need a specialist engine inspection company e.g. Dekra. Anything else should I do?

 

Many thanks.