ljames555
Member
Registered: 2nd Sep 03
User status: Offline
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Right gonna make this as short as possible but will end up a essay 
Gf bought a car spent just under £9500 from independant garage which came with 12 months warrenty. ( car is 2003 plate with 60,000 miles )
30 miles on the way home which home was a 100 miles away the car simple cut out with grey smoke out the exhaust resulting in being forced onto the hard shoulder , so I absoluty  speaks to the garage and he arranged the car to be picked up on a flat bed
Next day I spoke to manager and said if this is a serious problem I want a refund but he was calm and decent about it and in the end we agreed we`ll make a decision when we find out what is the problem.
He gives me a quick call very late in the evening and tells me 1 of the pistons has detonated, I reply to that with well thats a serious fault and I am going to speak to a mechanic on advice about rebuilding these faults.
So early next morning I advise him that my Gf wants a full refund, he replys he needs to speak to his business partner ( how true this is I dont know ) . So I phone him again later in the day and he says he is on holiday and cant get in touch with him.
Then I speak to consumer direct log all details with them and they advise me to send a letter recorded delivery saying I reject the car. In the mean time I have had a call off the warrenty people asking me my events on the day the car broke down as the garage is trying to get the car fixed under the warrenty.
He phones me next morning saying the company has rejected the claim because of what I told them ( the truth ) ( we put a deposit down on this car a week before we picked it up and had never test drove it before ) But he was saying to the warrenty company that I have had the car since for a week. So I say look we want a full refund simple as dont give a toss about the car or the warrenty we want our money back, he says ok ok Ill be in touch.
He gets my letter and says to me he will reply in writing I say well why dont you tell me your intentions over the phone , same old story well I need to discuss it with my business partner So I say well if you want to play it this way then fair enough but we will get our money back.
Consumer direct advise me that if he rejects the refund or doesnt reply then Trading standards will be taking the case over.
Now having done abit of research hes been operating under his name for 24 years and He has some very expensive cars , I know there is some types of garages out there who will just change business name etc.
Now by law he has a right to fix the car but because I have got my letter in before he has repaired the car I have the law on my side.
Now I cant believe he hasnt just refunded us when he knows the car is unsatisfatory and not bought to break down.
We have all the car details, invoice and spare key.
He has the car and the proper key.
Not going to name the car ,garage etc
Cheers in advance
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Ian
Site Administrator
Registered: 28th Aug 99
Location: Liverpool
User status: Offline
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He must be given the opportunity to rectify but if he doesn't, you have the right to refuse goods which are not fit for purpose.
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ljames555
Member
Registered: 2nd Sep 03
User status: Offline
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He did say that he has the right to repair the car but he was trying to get it done on the warrenty, Consumer direct told me if I dont want the repair I must get my letter in stating I want a refund before he repairs the car.
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bigboykarl
Member
Registered: 19th May 09
Location: South Yorkshire
User status: Offline
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you have the right to refuse the car before repair....glam it up a bit say it broke down and you nearly got smashed into a few times and have lost all confidence in the car
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daymoon
Premium Member
Registered: 1st Aug 08
Location: Selby, North Yorkshire
User status: Offline
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i'm just curious, what car is it? 10k for 03 car seems rather a lot...
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Jambo
Member
Registered: 8th Sep 01
Location: Maidenhead, Drives: VXR Arctic
User status: Offline
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also seems odd an 03 plate with 60k melting a piston? Subaru 
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richc
Member
Registered: 24th Mar 07
Location: Ilkeston
User status: Offline
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Scooby ....
Actually it quiet possible could be....
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ljames555
Member
Registered: 2nd Sep 03
User status: Offline
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no not a scooby.
anyone been in this situation before ?
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bigboykarl
Member
Registered: 19th May 09
Location: South Yorkshire
User status: Offline
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yes.. i bought a rover 620 ti from dc cook in rotherham years ago...60k miles aswell did about 300 miles and it threw a rod and punched a whole the size of a fist in the block....i let them repair it and they put a engine in from a scrappers...told them i wasn't satisfied with this ...eventually acceptted the car back within 2 months engine had blown again..this time i insisted on a recon engine so they did that...and i was satisfied and the car was ok until i wrote it off a year or 2 later
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Brett
Premium Member
Registered: 16th Dec 02
Location: Manchester
User status: Offline
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quote:
Originally posted by ljames555
no not a scooby.
Why can't you say what the car is?
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_Allan_
Member
Registered: 24th Mar 04
User status: Offline
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quote:
Originally posted by loafofbrett
quote:
Originally posted by ljames555
no not a scooby.
Why can't you say what the car is?
It's a Clio from Carcraft isn't it? 
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DaveyLC
Member
Registered: 8th Oct 08
Location: Berkshire
User status: Offline
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quote:
Originally posted by Ian
He must be given the opportunity to rectify but if he doesn't, you have the right to refuse goods which are not fit for purpose.
He does, but the car didn't make it 30 miles so technically its not fit for purpose (the purpose of going from A to B) 
I'd want my money back regardless, i'd drag the fucker through small claims to recoup loses too.
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DaveyLC
Member
Registered: 8th Oct 08
Location: Berkshire
User status: Offline
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quote:
Originally posted by Jambo
also seems odd an 03 plate with 60k melting a piston? Subaru
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ljames555
Member
Registered: 2nd Sep 03
User status: Offline
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the car in question was mini cooper s john cooper works.
Small claims court is out of the question as its over 5k , Trading standards are getting involved if he either rejects our request for a refund or he doesnt reply.
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John
Member
Registered: 30th Jun 03
User status: Offline
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Purple?
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MarkM
Member
Registered: 11th Apr 01
Location: Liverpool
User status: Offline
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The important SGA provisions you want to be concentrating on surround:
1. Fitness for purpose;
2. Satisfactory Quality; and
3. Correspond with description.
You may also want to look into any representations made about the car as you may have a claim for Misrep.
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BYRON
Member
Registered: 1st Jun 04
User status: Offline
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quote:
Originally posted by John
Purple?
Rob B
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John
Member
Registered: 30th Jun 03
User status: Offline
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Maybe
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ljames555
Member
Registered: 2nd Sep 03
User status: Offline
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No john not purple.
I really dont think he can get away with this one it drove for 30 miles !
Its a worry though why he hasn't held his hands up and admitted that its unacceptable.
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DizzyRebel
Member
Registered: 2nd Jan 09
Location: Lincoln
User status: Offline
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Hes not obligated to refund your money right away. Law is that he can repair the vehicle and return it to you in a fit for purpose state in a reasonable amount of time. If he starts taking the piss then you can then take him to small claims court for a refund but its a drawn out affair.
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Brett
Premium Member
Registered: 16th Dec 02
Location: Manchester
User status: Offline
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quote:
Originally posted by DizzyRebel
HeIf he starts taking the piss then you can then take him to small claims court for a refund but its a drawn out affair.
I'm sure he's already eliminated that option above.
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DizzyRebel
Member
Registered: 2nd Jan 09
Location: Lincoln
User status: Offline
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By taking the piss i mean telling you its going to take 6 months to source a new engine from germany etc. Send him a letter saying you want the car returned to you in 28 days in full working order or you will take him to small claims court for the full value of the car plus expenses of hire cars etc. That way you have written proof you were being reasonable with him and you have a massive advantage on him in court.
Edit: just read the full thread in detail and basically you need to be keeping a record of all calls and letters sent and received. It sounds like hes stalling you though, so id probably just go on to court straight away now
[Edited on 10-08-2009 by DizzyRebel]
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ljames555
Member
Registered: 2nd Sep 03
User status: Offline
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Well what I havent mentioned also because it would of made it a even longer story is....
5 days before we were told the car has all been checked over and is ready to be picked up, so we set off and an hour into the journey we get a call saying the car needs the auxilliary tensioner pulley replacing so as you can imagine I am unhappy that Ive wasted time and money so they eventually offer to drop the car off in 4 days time but we agreed knock some off the price and we`ll make a day of it and pick it up.
I know he has a right to fix the car but he was trying to get the car replaced on the warrenty he set up for my gf , I know he isnt happy about paying roughly £1200 what a garage has quoted out of his own money.
I was told by consumer direct that because Ive got my letter rejecting the car before he has repaired it I have a right to be given a full refund.
Hes got until the 13th to respond then it is passed onto Trading Standards.
Surely I have a right , the car broke down within 30 miles ! Its a serious engine fault and would of been picked up if the checks had of been made especially if the pulley had been replaced ( I am no mechanic but surely a piston going can be found)
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