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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69361
Experience:  Over 5 years in practice
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We bought a car for £23000 from a reputable car dealer. The

Customer Question

We bought a car for £23000 from a reputable car dealer. The car was under warranty. We bought the car from Manchester in August 2013 and drove it to Ibiza where we lived for the summer. The car was under warranty but around October we started to have troubles with the car. The suspension failed and a message came up on the car that we couldn't drive over 30mph. A few days later a transmistion fault. The air con stopped working and there was condensation on the windows. We emailed the dealers who said they would put £500 towards fixing it. We took the car into land rover who quoted £900. We therefore began to drive the car back to Manchester to get fixed. They ignored our emails and calls saying we would bring it in. We had arranged to leave the car with them to be fixed in December as we were travelling to Thailand for three months, but never heard back from the dealer so couldn't drop it off. We have since come back to the UK and today nearly crashed when our brakes barely worked. We have taken it into a dealer and had the brakes fixed costing us £150, the mechanic then let us know that the brake wire had been cut and moulded back together so the brake warning light didnt come up on the car and we were running on metal.The mechanic also said there was terrible rust under the car and the car was nearly running in limp mode and was falling to bits. Where do we stand here? Will we need to drive the car to manchester on 30mph speed. We don't want the car, we feel we have been ripped off but dealer is refusing us to return it. The car is under warranty until August. Thank you
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is Jo and I will try to help with this.

How can I help with this please?
Customer: replied 2 years ago.

I just want to know our rights in getting the car fixed etc

Expert:  Jo C. replied 2 years ago.
thank you.

When did you 1st complain about the faults please?
Customer: replied 2 years ago.

6/9/13

Customer: replied 2 years ago.

6th august, ongoing messing around on emails since then

Expert:  Jo C. replied 2 years ago.
Thank you.

You do have 2 possible routes of action here.

The 1st is to rely upon your warranty which does actually continue throughout this period. The 2nd is to rely upon the sale of goods act which demands that anything sold be fit for purpose.

Either way, you really should give the dealer the option of resolving it himself.

You do not have to drive it there yourself. You can ask the dealer to collect and given the condition of the car one can understand that you may not want to do so. If he refuses to collect then you would have the option of doing the work yourself and suing for the cost.

If you are seeking to reject or exchange the vehicle then, I'm sorry to say, that is harder to do. You have to convince a court that you never accepted the vehicle and given that you have had it for some 6 months that may be harder to maintain them to claim a repair.

Can I clarify anything for you?

Jo
Customer: replied 2 years ago.

Could you give me more information about the sales of goods act and how to approach the dealer? What should I say? We have tried sending the car back but have had no response from dealer and this has been difficult with us being out of the country

Customer: replied 2 years ago.

By law do they have to collect the car from us? Do you have the exact law that I can put to them?

Expert:  Jo C. replied 2 years ago.
No, they do not.

However, its in their interests to do so because if they do not you would be entitled to get another mechanic to do the work and sue them for the cost.
Expert:  Jo C. replied 2 years ago.
They will probably blame this on the fact that you have been out of the country which is why it will be difficult to exchange or refund.

That doesn't mean you don't have a claim for repairs though.
Customer: replied 2 years ago.

even though we have emails of them being difficult? We had the car checked by land rover in ibiza, they said they could only offer £500 towards the cost which was £1300.. we therefor drove it back to the uk and then they said they would need a diagnostic from land rover..knowing we were now in uk

Expert:  Jo C. replied 2 years ago.
The issue is not them being difficult but passage of time. It gets harder to reject vehicles the longer you have them.

But you are covered by warranty even if the SGA fails so you could rely on that to demand a repair.

If they won't collect them just do the work elsewhere and sue for the cost.

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