IDH Posted September 5, 2013 Share Posted September 5, 2013 Afternoon all. Just wondered if there was anyonne out there who had knowledge about the following issue. My son bought a used car 4 weeks ago for £3750. 3 days after he got it, it suffered major turbo failure. The dealer had him pay to tow it back. Although it took 2 weeks, they fixed it for free and refunded his costs of towing. 1week later, it’s failed again. The dealer will take it back again, but we have lost all confidence in the car and the dealer. Can I demand a full refund? Quote Link to comment Share on other sites More sharing options...
Ekona Posted September 5, 2013 Share Posted September 5, 2013 No. You have the right to insist they repair it, but that's all they're legally obliged to do at this point I would say. Is it the exact same failure? As in, the new turbo went pop too? Quote Link to comment Share on other sites More sharing options...
IDH Posted September 5, 2013 Author Share Posted September 5, 2013 No. You have the right to insist they repair it, but that's all they're legally obliged to do at this point I would say. Is it the exact same failure? As in, the new turbo went pop too? Cheers for the reply.Its the same fault, but they sent the Turbo for repair rather than replace it. Quote Link to comment Share on other sites More sharing options...
Ekona Posted September 5, 2013 Share Posted September 5, 2013 Hmm, I think you'd still be on shaky ground if you tried to reject the car now. That said, I would suggest that this would be the final attempt if the fault is identical, as two goes would seem to be reasonable. Are they replacing it this time? Quote Link to comment Share on other sites More sharing options...
IDH Posted September 5, 2013 Author Share Posted September 5, 2013 Hmm, I think you'd still be on shaky ground if you tried to reject the car now. That said, I would suggest that this would be the final attempt if the fault is identical, as two goes would seem to be reasonable. Are they replacing it this time? They are still looking at it. Will know the outcome tomorrow. Yes, looks like we are stuck with it! Quote Link to comment Share on other sites More sharing options...
Ewan27 Posted September 5, 2013 Share Posted September 5, 2013 Citizens advice bureau should be able to advise Quote Link to comment Share on other sites More sharing options...
sipar69 Posted September 6, 2013 Share Posted September 6, 2013 (edited) Legally your son probably has the right to return the car and demand a refund. From your description, the dealer has effectively breached their contract with your son by selling him goods that were not as described. I say "probably" because there are certain variables such as the description given by the dealer, but from your post it sounds like he would have a strong case to return it due to a serious and recurring fault. I think his case would be reinforced by the fact that the previous repair has failed to solve the problem. With respect to the previous well meant advice, the CAB aren't the best source of advice for this sort of thing. I'd suggest a call to local Trading Standards or even a local solicitor. Having spent that much on a car it might be worth investing a small amount extra in some professional advice (if the dealer becomes uncooperative.) Edited September 6, 2013 by sipar69 1 Quote Link to comment Share on other sites More sharing options...
Ewan27 Posted September 6, 2013 Share Posted September 6, 2013 Legally your son probably has the right to return the car and demand a refund. From your description, the dealer has effectively breached their contract with your son by selling him goods that were not as described. I say "probably" because there are certain variables such as the description given by the dealer, but from your post it sounds like he would have a strong case to return it due to a serious and recurring fault. I think his case would be reinforced by the fact that the previous repair has failed to solve the problem. With respect to the previous well meant advice, the CAB aren't the best source of advice for this sort of thing. I'd suggest a call to local Trading Standards or even a local solicitor. Having spent that much on a car it might be worth investing a small amount extra in some professional advice (if the dealer becomes uncooperative.) That's the nicest way I've ever been told I'm wrong before Quote Link to comment Share on other sites More sharing options...
sipar69 Posted September 6, 2013 Share Posted September 6, 2013 (edited) Totally sensible advice from you - it's just that unfortunately I've found that CAB aren't the best when it comes to getting an opinion on your statutory rights in a particular situation. Edited September 6, 2013 by sipar69 Quote Link to comment Share on other sites More sharing options...
IDH Posted September 7, 2013 Author Share Posted September 7, 2013 (edited) Today's update! Car went back yesterday with no turbo working. They claimed the airfilter had come loose??? Got it home and its failed again. Think its time for a solicitor. Thanks for all the advice. 21 yr old lad, with a job, rare enough, saved his cash like mad and now he gets landed with a lemon. Do I feel sorry for my boy! Edited September 7, 2013 by IDH Quote Link to comment Share on other sites More sharing options...
theheff Posted September 7, 2013 Share Posted September 7, 2013 What is the fault with the car and what car is it? Quote Link to comment Share on other sites More sharing options...
Ekona Posted September 7, 2013 Share Posted September 7, 2013 You don't need a solicitor. Take the car back, give them the keys and a letter formally rejecting the car. Take a copy for yourself too, and hopefully they'll give you your refund. If they refuse, file a claim under the small claims procedure online. Quote Link to comment Share on other sites More sharing options...
glrnet Posted September 7, 2013 Share Posted September 7, 2013 What is the fault with the car and what car is it? It's "major turbo failure" make is as yet unknown. Quote Link to comment Share on other sites More sharing options...
theheff Posted September 7, 2013 Share Posted September 7, 2013 Was just thinking , if its a major turbo failure surely that would have implications further along the induction line, bits getting into the engine etc?? Quote Link to comment Share on other sites More sharing options...
sipar69 Posted September 7, 2013 Share Posted September 7, 2013 You don't need a solicitor. Take the car back, give them the keys and a letter formally rejecting the car. Take a copy for yourself too, and hopefully they'll give you your refund. If they refuse, file a claim under the small claims procedure online. You might want to mention the Sale of Goods Act (which they have certainly breached by selling your son a duff car). Quote Link to comment Share on other sites More sharing options...
sipar69 Posted September 7, 2013 Share Posted September 7, 2013 Read this. http://www.tradingstandards.gov.uk/cgi-bin/glos/con1item.cgi?file=*ADV0003-1011.txt Quote Link to comment Share on other sites More sharing options...
IDH Posted September 15, 2013 Author Share Posted September 15, 2013 Final update! I am very pleased to say that the garage have come back to us an agreed the car is not fit and have returned the money, no hassle at all. They are actually pleased as it was costing them a fortune. Thanks for all your advice and help here. Now he starts looking for a car. No, he cant afford a Zed! I checked for a laugh putting him on my insurance and it was £12,000! Now I look forward to next week when I get my new Cobra exhaust and look into a new sound system for my Zed! Quote Link to comment Share on other sites More sharing options...
Keyser Posted September 15, 2013 Share Posted September 15, 2013 Final update! I am very pleased to say that the garage have come back to us an agreed the car is not fit and have returned the money, no hassle at all. They are actually pleased as it was costing them a fortune. Thanks for all your advice and help here. Now he starts looking for a car. No, he cant afford a Zed! I checked for a laugh putting him on my insurance and it was £12,000! Now I look forward to next week when I get my new Cobra exhaust and look into a new sound system for my Zed! That's great news - Hope he finds a decent car this time round Result Quote Link to comment Share on other sites More sharing options...
KyleR Posted September 15, 2013 Share Posted September 15, 2013 Final update! I am very pleased to say that the garage have come back to us an agreed the car is not fit and have returned the money, no hassle at all. They are actually pleased as it was costing them a fortune. Thanks for all your advice and help here. Now he starts looking for a car. No, he cant afford a Zed! I checked for a laugh putting him on my insurance and it was £12,000! Now I look forward to next week when I get my new Cobra exhaust and look into a new sound system for my Zed! Great news, not all dealerships are assholes It's a shame the car was a lemon, but at some point we will all buy one, hopefully this will be his last Quote Link to comment Share on other sites More sharing options...
WhackyWill Posted September 15, 2013 Share Posted September 15, 2013 Glad its all sorted. Get him a sensible Golf as a first car, nothing with a turbo as boys tend to trash them, A Golf will take a teenager caning it. Quote Link to comment Share on other sites More sharing options...
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