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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70215
Experience:  Over 5 years in practice
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I purchased a Volkswagan rock up in the middle of July and

Resolved Question:

I purchased a Volkswagan rock up in the middle of July and not long after purchasing the car it started to clunk every time I changed gear and it's realy quite loud. I have took it
to where I bought it from three times, first two time they said there was nothing wrong with it, the third time they said it was normal is was where I was releasing the clutch pedal to quick. I,m not at all happy with the car, no care should give out a loud clunk every time you change gear.
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 would you like to know about this?
Customer: replied 2 years ago.

I want know what rights I have, I either want my car fix or I want my money back. I bought the car in July on finance and is getting no were.

Expert:  Jo C. replied 2 years ago.
How much did you pay for it and how old is it?
Customer: replied 2 years ago.

I paid ten thousand five hundred pluss interest on finance, and the car is just one year old 63reg

Expert:  Jo C. replied 2 years ago.
The seller (not the manufacturer) is in breach of the provisions of the Sale of Goods Act that the vehicle is not of satisfactory quality.
After this period of time and for a minor fault you would not be entitled to reject the vehicle to get your money back although even if this was within the 1st few days for a major fault the reality is that being entitled to your money back and actually getting it out of the dealership are 2 different things altogether.
If the garage are refusing to accept that there is a problem with the car your remedy is to get it fixed somewhere else and then issue Small Claims Court proceedings against the original seller for the cost of whatever it cost to fix plus the cost of a hire car for the period when the car was being repaired.
Before embarking upon that you need to put it in writing that you have tried another car of the same make and model and it does not make that noise. Tell them that they are in breach of the Act and that unless they agreed to get the car fixed within the next 14 days you will get it fixed yourself somewhere else and then take them to court for the costs. Do this in writing, don't attempt to try to deal with it over the telephone.
You can easily issue Small Claims Court proceedings by following this link.
www.moneyclaim.gov.uk
Can I clarify anything for you?
Jo
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