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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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How long can dealer keep car ? I bought an older

Resolved Question:

How long can dealer keep car for repair?
I bought an older car (2002 BMW Diesel estate with tow bar) from a local used car dealer (not a BMW garage); the deal included a 3 month in-house "full" warranty.
After 2 weeks, the car broke down; the RAC diagnosed a faulty injection pump. This was on August 8th, in the middle of me moving houses. The dealer kept my car for repair, and gave me a simpler one (Peugeot 206) as a courtesy car, that allowed me to go on with my moving, and keep up my mobility, although it was much smaller. So far, so good. But the courtesy car does not give me the size I need, and I would need the towing option of a strong vehicle as well. This is why I bought the BMW.
I tried several times to pick up my car, but it was never ready. Now it turned out that the dealer wants to avoid the costs for a new injection pump, and is trying to find a used one on the market, but obviously until now, without any success.
On Saturday, I am waiting 3 weeks for y car repair.
Do I have to accept at all used part at all, or would I have the right to require a new one, or at least something like certified used part, if that exists?
Question: How long am I expected to wait, and when could I claim a new part, or the return of my car for the purchase price, if they are unable to fix it in a reasonable time? Because, looking at extremes now, if it takes 2 months for them to repair my car, my warranty would have run out, and I would not have been able to use or check it properly.
Which other options would I have? Our purchase contract does not stipulate details about the warranty.
Can I require the warranty to be extended for the time when I had no use of my car?
Please advise. Thank you very much
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
Do you have a courtesy car in the meantime?
Customer: replied 2 years ago.

Yes, I have a courtesy car for y mobility, but it has not the size and wing capacity that I need. This is why I bought the BMW, for size and towing

Customer: replied 2 years ago.

Yes, I have a courtesy car for my mobility, but it has not the size and towing capacity that I need. This is why I bought the BMW, for size and towing

Expert:  Ash replied 2 years ago.
Have they said how long it will be?
Customer: replied 2 years ago.

No, they were vague on this. My understanding is that they want me to wait until they have found the part. But I now want either y car repaired, or the purchase cancelled with a full reimbursement, that I can move on and buy something that drives and can do the job I have bought it for.

I will call them again tomorrow morning, and would like

to know what my rights are if they again are unable to provide a fast solution.

Expert:  Ash replied 2 years ago.
You need to write and set out your losses and they do the work or request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do not then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Can I clarify anything for you about this today please?
Ash and other Law Specialists are ready to help you
Expert:  Ash replied 2 years ago.
Hi

I am just following up to see if there is anything else I can help with?

If you have not done so already might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex