Legal Rights?

[rich_old]

OK, a bit of a long story this but I am wanting to give back the 2nd hand car I bought from a dealer.

The first issue I had was that the engine warning light came on, he eventually "repaired" this, after not showing up to his garage the first time I was supposed to hand him back the car as arranged due to it snowing even though I drove 20 miles to get there!  I reported the fault the day after I bought the car

The repair was not done as the engine light came on again the following day.

I was ill for a couple of weeks and in the meantime I got it checked out myself at a friend of a friends garage who hooked it up to the machine and they gave me a full print out of the fault code and said the timing was completely out and all over the place and gave me the paperwork for this.

I arrange to take it back to the garage where I bought it from which I did last Friday I told him exactly what the garage told me about the fault and he said he would fix it, I stated at that point the work involved was quite a lot of money as they quoted around £500 (new timing belts solanoids, full oil change, labour etc)

So I take it back, I have rung pretty much every day since and I am getting a different answer each time now as to when it will be repaired (the garage I bought it from wont be doing the repair it will be a garage they take it to) he has told me two different dates when they said they started work on it.  He has then today claimed that they did not have the correct tools to do the job, to which I replied it is a standard job replacing the timing belt.  His response which you will like is, no but your car has a chain and not a belt and that makes it more difficult and the garage do not have the right tools!  The car is a 2005 1.6 Ford Focus and told him it has a Belt so he was talking nonsense and told him how am I supposed to believe anything you have told me if you are telling me this.

Anyway he said he would phone the garage up and ring me back within the hour, this was 5 hours ago!

Oh and on top of this he is expecting me to pay towards part of the repairs now!!

So basically I want to reject the car, but because I have given it back for a 2nd time to do the repair can I actually do this?  I have read that they have 1 chance to repair the car and if it is not corrected you can reject the car, but because I have agreed to the 2nd repair can I still reject it?  Or do I have to accept the car now?  Also I do expect him to try and make me pay towards the repair costs at which point I will refuse and I guess he will refuse to give me the car back?

Complete mess of a situation!  I want to just go out and buy a different car this weekend you see, I don't need the money from this car to buy another car so I am in no hurry If it has to go through a small claims court but I just want to know what the best thing to do would be?

To be honest if the car came back fixed I would be happy, but there is no way I am paying towards it!  Especially as it was advertised with a full size spare wheel and turned out it did not come with anything!! (yes I should have checked that!!)

 

 

 

[Stoney871]

http://www.autotrader.co.uk/content/collections/buying-a-car-your-rights

Sent from my SM-G930F

[The Dark Knight]

Good job I spotted this as we have a sub-forum for consumer and dealer issues because I don't view all the forums. You have clearer rights now under the Consumer Rights Act 2015 but the essence of SOGA 1979 is all there. You can return for a refund within 30 days no questions asked if the car is faulty (which it clearly is).

Time spent requesting repairs or having them carried out is not to be counted so if you spent 7 days in total on requests and repairs etc, you effectively have 37 days. You really need to have a read through this lengthy topic (it is worth reading) so it will show you a real world outcome following advice I gave.

 

[rich_old]

Interesting read that, I think though I should have just returned it after I became suspicious the first time he was trying to pull the wool over my eyes, but I have no confidence in the car being fixed anyway!  Still not heard back from him today funny 1 hour.

But at least I am confident of winning this case if it goes to small claims court I have been in contact with him numerous times regarding repairs etc which are all phone calls which are itemised.

[Stoney871]

Remember the 3 R's...

Repair

Replace

Return

Sent from my SM-G930F