Bought a second hand car from a well-known car dealer ship. After a week the engine warning light came on so phoned the company to try and sort it. After a month or so of phone calls they finally got down to having a look at it. They have now said the engine is knackered and that I should look on their website for another car but theirs nothing similar. Do they have to offer me a like for like car. I can also see it being a nightmare trying to get my money back. Any advice would be great.
New car (legal advice)
- Thread starter Johno1980
- Start date
Steve8778
Well-known member
I had something similar when I bought a car from stoneacre, after a week or so my clutch and gearbox both went, I took the car back to them and they 'fixed' it for me, about 2 months later both the clutch and gearbox went again. I eventually got my money back about 4 months afterwards.
It's been a nightmare, 15 weeks they have had the car now also tried saying we didn't inform them about the issues inside the warranty but luckily I've kept all the emails. With the price of second hand cars going up its difficult trying to find the same car for the same money.
Nobby_Barnes
Well-known member
Price of 2nd hand cars gone up 25% I Reckon
Redwurzel
Well-known member
You are due a full refund, its a fundemental fault from a car dealer. If it had been a private sale it would have being different. Hence the price difference.
Prices rising. you can't claim for, but you have had some use of the car I assume as compensation.
How long was the warranty?
How old is the car?
I am a bit surprised with the franchised? dealer
Prices rising. you can't claim for, but you have had some use of the car I assume as compensation.
How long was the warranty?
How old is the car?
I am a bit surprised with the franchised? dealer
Rishworthian
Well-known member
The magic words are unfit for purpose", I believe. I forget which piece of Consumer legislation contains the magic words. Have a look and see if you can find it then "batter them round the ears " with it ( Verbally not literally I should add)
Adi_Dem
Well-known member
It’s the Consumer Protection Act 2015, which implies terms into your contract of sale.
This is a very good summary. Basically, and depending on timing, you have the right to reject or repair:
www.autotrader.co.uk
If you need any help with drafting a letter or general advice give me a shout on here.
This is a very good summary. Basically, and depending on timing, you have the right to reject or repair:
Consumer Rights Act 2015 for used and new cars | AutoTrader
The Consumer Rights Act provides second-hand and new car buyers with a wider range of rights covering the sale of goods and services. Here we explained which consumer rights could cover you when buying a car, or when you require a refund, car repairs or the replacement of faulty goods.
www.autotrader.co.uk
If you need any help with drafting a letter or general advice give me a shout on here.
Rishworthian
Well-known member
Under the Consumer Rights Act you have a legal right to reject goods that are of unsatisfactory quality, unfit for purpose or not as described, and get a full refund - as long as you do this quickly. This right is limited to 30 days from the date you buy your product.
that was the 2015 act and now you know why they were playing ducks and drakes for a month !!
And if you don't get a bit of interest or quick movement just tell them that its a county court debt and fill in the forms to claim there. I'm assuming it is sufficiently expensive to get you over the small claims court limit and if you get to the county court you get your fees back too
that was the 2015 act and now you know why they were playing ducks and drakes for a month !!
And if you don't get a bit of interest or quick movement just tell them that its a county court debt and fill in the forms to claim there. I'm assuming it is sufficiently expensive to get you over the small claims court limit and if you get to the county court you get your fees back too
Adi_Dem
Well-known member
Whilst this is broadly true, where you have had the car for more than 30 days but less than six months, and having given the dealer one attempt to fix the fault you are still able to reject the vehicle.
It's definitely a seller market anything decent comes on and they are getting snapped up quickly
Cheers Redwurzel
The car was a 2017 Jaguar xe red with the black pack and a few extras the car had done less than 40000 miles on it . The warranty we got with the car was 3 months. I'm really struggling to find a like for like for the same money.
Thanks AdiIt’s the Consumer Protection Act 2015, which implies terms into your contract of sale.
This is a very good summary. Basically, and depending on timing, you have the right to reject or repair:
Consumer Rights Act 2015 for used and new cars | AutoTrader
The Consumer Rights Act provides second-hand and new car buyers with a wider range of rights covering the sale of goods and services. Here we explained which consumer rights could cover you when buying a car, or when you require a refund, car repairs or the replacement of faulty goods.
If you need any help with drafting a letter or general advice give me a shout on here.
Got an email from the company saying their manager is going to phone me tomorrow but I'll believe it if it happens.
Adi_Dem
Well-known member
Ok well if you speak to him feel free to say that you’ve taken initial advice from a lawyer who has advised you of your rights and who you will formally instruct to pursue this on your behalf unless the matter is dealt with properly.
Laughing
Well-known member
Nice one Adi.
Redwurzel
Well-known member
For the car described a 90 day full warranty is the minimum. Its about a third of the way through its life.
A major fault is a breach of contract and if not fully remedied you can expect a full refund. Engine knackered is a major fault! Not a good advert for Jaguar.
My parents had a battle with Ford in the early 1980s over 2 diesel Ford Granada's that needed new engines soon after their warranty period finished. The cars were just over 2 years old used a Taxis as they were built for. They ended getting some compensation but nothing like what they should have. They were very small business people suing a multi-national. Nowadays buyers have more power.
A major fault is a breach of contract and if not fully remedied you can expect a full refund. Engine knackered is a major fault! Not a good advert for Jaguar.
My parents had a battle with Ford in the early 1980s over 2 diesel Ford Granada's that needed new engines soon after their warranty period finished. The cars were just over 2 years old used a Taxis as they were built for. They ended getting some compensation but nothing like what they should have. They were very small business people suing a multi-national. Nowadays buyers have more power.
Adi_Dem
Well-known member
Great stuff Johno. Pleased for you.
RedAsABeetroot
Well-known member
Is it a manufacturer approved dealership and car?
My father in law had an issue with a new car including the fact it was missing a mirror. He asked for it to be replaced as it wasn't in new condition and got nowhere with the dealer who'd rushed to deliver cars before the month's end to get a bonus from the manufacturer.
Eventually I contacted the manufacturer who told me nothing to do with us as your contract is with the dealer. Fortunately I found the fax number for their UK head office and sent a fax addressed to the CEO listing all of the faults on the car and pointing out that as a franchised dealer they allowed the dealer to use their logo on all their stationary. I asked if he felt the condition of the vehicle merited it being described as fit for delivery for one of their new vehicles. I also hinted that if they weren't interested then my next port of call would be the motoring press.
Next morning the dealer called my father in law to tell him a replacement vehicle had been ordered.
My father in law had an issue with a new car including the fact it was missing a mirror. He asked for it to be replaced as it wasn't in new condition and got nowhere with the dealer who'd rushed to deliver cars before the month's end to get a bonus from the manufacturer.
Eventually I contacted the manufacturer who told me nothing to do with us as your contract is with the dealer. Fortunately I found the fax number for their UK head office and sent a fax addressed to the CEO listing all of the faults on the car and pointing out that as a franchised dealer they allowed the dealer to use their logo on all their stationary. I asked if he felt the condition of the vehicle merited it being described as fit for delivery for one of their new vehicles. I also hinted that if they weren't interested then my next port of call would be the motoring press.
Next morning the dealer called my father in law to tell him a replacement vehicle had been ordered.
RedAsABeetroot
Well-known member
Hope you get everything sorted quickly.