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JGM, Solicitor
Category: Law
Satisfied Customers: 9985
Experience:  30 years as a practising solicitor.
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2nd hand car unfit for purpose

Resolved Question:

I bought a car just over two weeks ago on the 8th May, on the test drive we found first gear wasn't always easy to find however the salesman convinced us it was just something we needed to get used to with changing car. It also did not seem that powerful, however as we had just changed from a more powerful 2.5l v6 to a 2l diesel again we thought it may just be a matter of getting used to a different car, I also noted that it smoked a little on start up but am aware diesels do sometimes do that so wasn't too concerned. On 21st May we decided we had given it long enough to get used to driving the car and first gear was still an issue so we took it to our local Mazda dealer to diagnose and reported back to the dealership we bought from, initially we were happy to go down the route of a repair, however that evening I found that the oil light came on and when I checked there was no oil in the car, we informed the dealership we bought from immediately and told them we would be taking the car back to Mazda for another diagnosis, I took the car back to Mazda on the 23rd and paid for a diagnoses which came back with serious issues with oil leaks, oil being sucked into the turbo and turbo failure, the repairs required would costs thousands and we paid £3,495 for the car, we were also told that these defects could lead to other defects which we may not yet be aware of and we decided we wanted to return the car for a full refund. It should also be noted that the car was described as having full service history, the dealership were not able to provide this as it was a digital history only accessible to the registered owner, however when we asked Mazda to check they told us it has only ever had one service in 2008, it is a 2007 car. The dealership are quibbling as to whether or not they will give us a full refund, my belief is that they must do so under the implied terms provided by the Sales of Goods Act 1979 Section 14, I also believe that should they delay unreasonably, and they are asking me to wait two weeks for a decision while they education themselves, that I may be able to claim any costs incurred such as the cost of alternative transport as I am unable to buy another car without the money they are currently withholding and I have of course stopped using the car I wish to return to them. They are querying whether we should pay for repairs we asked to be performed to the car before we would agree to purchase, we feel not as the car is being returned complete with those repairs and we are not the ones in breach of contract. Please could you advise, thank you.

Submitted: 2 years ago.
Category: Law
Expert:  JGM replied 2 years ago.
Thank you for your question.

You are absolutely correct. You have been dealt with atrociously and there is reference in your narrative to misrepresentation as well when you consider the statements about a full service history.

These defects are material and as such they must refund your money and compensate you for other losses incurred as result of what is a blatant breach of contract.

The longer they delay the more it will cost them. And no they can't ask you to pay for the cost of repairs that would have been needed anyway.

Demand that they deal with this immediately. If they don't, see your solicitor.

Please leave a positive response so that I am credited for my time.
JGM, Solicitor
Category: Law
Satisfied Customers: 9985
Experience: 30 years as a practising solicitor.
JGM and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you very much I thought as much just needed clarification from someone qualified as I plan to escalate things if I do not get a satisfactory response from them during the next week. I appreciate your time on a Sunday!

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