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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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i have purchase a car from a second hand car dealer 2 month

Resolved Question:

i have purchase a car from a second hand car dealer 2 month ago,its an automatic and we have had some issues with it. taken to my local main dealer for the car (skoda) who have said that the car needs a new gearbox (£5000 and we purchased the car for £8000). Contacted the dealer we bought the car from (160miles from us) and he said that he would need it back to repair it but he will use 2nd hand parts.... Skoda have said we should not drive the car and so we have been without it for 3 weeks. It is our opinion and that of skoda that the car was sold to us in an un-roadworthy condition and we would like a refund and them to take the car back .... dealer is saying no chance it is their right to fix it ... the advice i have found on line suggests as it is serious and we cannot use the car we would be able to get a refund?!>.. is this the case? what options do i have?....
Thanks
Phil
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

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

What are the issues with the vehicle please?
Customer: replied 2 years ago.

there was damage to the automatic gearbox and so the gearbox oil has slowly leaked out and knackered the gearbox... Skoda have advised not to drive the car and a replacement and bits and bobs is over £5000...

Expert:  Jo C. replied 2 years ago.
Thanks.

How old is it and what did you pay for it please?
Customer: replied 2 years ago.

it is a 2010 Skoda Fabia VRS (1.4TSI DSG gearbox)


We paid £8,100 ....

Expert:  Jo C. replied 2 years ago.
Thanks.

This is obviously a serious fault which developed fairly quickly and you didn't pay a rock bottom price for the vehicle. Clearly you do have a claim.

The real question is whether or not it is to be a refund or a repair or exchange.

The advice you have found online is rather optimistic. In legal theory you do have a right to reject this vehicle if you have not accepted it. The advice you have found online will encourage you to believe that can be exercised easily.

The practical reality is that unless the dealer accept this it will be difficult to exercise. You would have to sue for a refund and they will potentially argue that a refund is disproportionately expensive for them so a repair should be preferred and that could well be accepted.

However, they should collect the car. They are liable under the SGA to offer a repair and this vehicle clearly cannot be driven that far.

If they do refuse to accept it then you can always pay for it to be done locally and sue for the cost. You would win. You do need to give them warning if thats your intention though. Send them one letter recorded delivery giving them 7 days to collect the car. Make clear that if they fail you will make arrangements for this work to be done elsewhere and sue them for the cost. If they do not act then just sue them.

The other alternative is to just sue for the sum you paid on the basis that you are rejecting the car but you take a greater risk.

Can I clarify anything for you?

Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69783
Experience: Over 5 years in practice
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