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cityguru
cityguru, Solicitor
Category: Scots Law
Satisfied Customers: 13325
Experience:  solicitor
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I have recently bought a car and after a week or driving I

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I have recently bought a car and after a week or driving I think it is faulty. On the 1/Nov/2014 I looked the car over and took it for a test drive and it seemed fine from what I could see as a layperson as this was the 1st car I have ever bought. Adian, the sales man, said it is a good car and I asked him do they get much problems or Audis coming back and he said no that Audi are generally very good, hence why they have some many for sell. Following buying the car, about an hour into my journey a heating plug light came on and I lost some power and the car was finding it hard to pull up any slight gradient. Rang Adian on 07432 155506 and he said to turn the car on and off again. This did remove the heating plug problem and I drove the car very easy back to Glenrothes in Fife. The next day the car seemed fine from driving it over to a local asda and my girlfriends father seemed to think it was all right too, so I drove it up to Aberdeen. When I got to Aberdeen myself and Peter, my flatmate, took the car for a drive. While sitting at traffic lights the car started to idle funny but I just dismissed it as was sitting for a while and it will correct itself.3/10/2014 As I was driving to work the following morning I was stopped at traffic lights again and the strange idle began again except this time it start to blow smoke. There was a lorry situated behind me so I initially tough it was the lorry which was blowing smoke and not the car. Driving home that evening the smoke appeared again but this time I realised it was coming from my car. I rang my father and asked what he tough and he reckon it was just smoking because there was water in the exhaust system or because the car was just sitting around for a while and needed to be driven for a while and it should correct itself. 4/10/2014 Same smoke again in the morning and evening, but the smoke seemed to be white which didn’t indicate oil was being burnt but I could really see while sitting in the car and as my father said it could just be moisture in the system so I said I will give it a few days to see if it clears itself. It seemed to get bad when the engine reached around 50 degrees. 5/10/2014 Problems still continued with the addition of what seemed to be the front fan belt squeaking and an almost mechanical noise from the engine around where the turbo is. 6/10/2014 I turned on the car in the morning and the squeaking noise out of the belt seemed to have stopped and I couldn’t hear the mechanical noise anymore. I decided if the car started to blow smoke again on my trip to work I will ring Adian at aspect garage and tell him the problems and sure enough the problem happened again with the strange idle. I drove the car home that evening and rang adian that said to book it into a garage and well get it sorted out whatever is wrong. The smoking only seemed to happened as the car was idling and warming up and I never had a chance to see it during the daylight or from behind the car so I said I will drive it into work the next morning and then at lunch ill try and see exactly what the smoke is like coming out of the car and how much there is exactly. 7/10/2014 The next morning I got into work relatively quick with limited smoking. However the cars fan belt was squeaking again and that strange mechanical noise seemed to be back. I sent Adian an email detailing what happened with the car and that I was going to book it into Audi to see exactly what is wrong. I got no reply but at lunch I drove the car over to Tesco’s to see if I could get the car to blow smoke during the day and see exactly what it looks like. While I was at Tescos Adian rang me at 15:06 and said he hadn’t got time to rely to the email as he was extremely busy which was understandable. He said to go ahead and book it into Audi and see what’s wrong. When I got the car back to work and parked it up sure enough it started to blow an awful amount of smoke with a blue tinge to it. The smoke was purring out of two exhaust pipes. I then knew there is something very wrong with this car. What I tough was white smoke was actually blue and the amount coming out of the car when you are behind it I couldn’t believe it, for a car with 105000 miles on it and a full service history it shouldn’t be blowing smoke like this not to mention it had passed the MOT. So I rang Audi and booked the car in for the 20th and asked the mechanic what he tough and said it sounds like the turbo was going and recommended not the be driving the car around or as limited as possible, i.e. leaving it into Audi. I rang adian after work at about half 5 and he said he was busy with a customer and he would ring me back. I waited till 6 and then I drove the car home as I wasn’t waiting any longer for Adian to ring. I parked the car at my house with 105888 miles on the clock, a total of 366 miles since I left Aspect Garage on the 1/Nov/2014. I rang Aidan today and he won't take the car back but wants to repair it but i want a refund. Can i?
Submitted: 2 years ago.
Category: Scots Law
Expert:  cityguru replied 2 years ago.
Hi you do not say how old the car was or ho much you paid for it. You have certain consumer rights and the car needs to be as described and of reasonable quality bearing in mind its age and price. If It is not then you can reject it and ask for your money back. The difficulty is establishing that it is not fit for purpose. It may be that there is something seriously wrong with it or it may be something easily rectified. If it was a new car of course you could reject it but if it has done over 100,000 miles noone could reasonably expect ti to be perfect. Legally however you have every right to demand a refund if the car has a serious defect.
You do not say how you paid. If you paid be credit card then I would recommend you take it back demand your money back and if they will not pay go to the credit card company demand a refund.
You can try and insist on a refund as you are entitled to reject goods. As i said you are entailed to demand a refund if there is a serious defect and the car is not fit for purpose when you bought it. This is provided that you claim the refund within a reasonable period ( reasonable period is not defined but a week probably ok). I would therefor be tempted to go there and make a fuss. Tell them under the Sale of Goods Act you are entailed to a refund and you will report them to trading standards if they refuse.
The difficulty you have legally is that you do not know what is wrong with the car. It may be simple to fix or it may be that the engine is worn out and the car needs expensive repairs. If the fault is not serious then legally you are only entitled to a repair ( or replacement) not a refund
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Customer: replied 2 years ago.
I bought the car for 7000 pounds using a visa debt card. The car is a 07 Audi a4 and has one previous owner with a full service history. So I was under the impression it would be a reliable car to buy and similar cars were going for about the same money. I have only driven it 300 miles since I got it. The sales man said he can't refund me that he can only repair it. I have booked it into Audi in Aberdeen for the 20 and I'll know then what exactly is wrong . I'm not going to drive the car till it is fixed. But I wanted a refund and he said he can't because they have a policy of no refunds or taking back a car. Is that possible.? I asked to see this policy and sent him a video of the car blowing smoke and he still hasn't relayed.
Expert:  cityguru replied 2 years ago.
Hi thanks. You could contact Vis who have a voluntary claw back scheme but unless you use a credit card you do not have a legal right to require money back from the card company unfortunately .
Legally their policy is irrelevant. The are obliged to give a refund if the car is not of satisfactory quality. Of course being a used car salesman he is going to give you some nonsense about their policy but I expect he will say anything to avoid giving you refund. As I say I recommend you go round and confront them. Chances are they knew perfectly well the car had a problem. Go and see his boss if he has one.
Customer: replied 2 years ago.
As far as I can tell he is the boss. Yea I was thinking that this issue has been there all along and he knew about it. It's difficult to confront them as it is a*****to the their garage in Sunderland I'm situated in Aberdeen. This why I'm dealing with it through emails and phone calls. Sorry I should have told you that. One last question I have the car booked in to Audi on the 20th to see exactly what is wrong. I'm not driving the car till then. If it is a big problem will I have waited too long to claim a refund then even if I have it parked up and getting advice from Audi them selfs or should I be in a stronger position.? Thanks for the help at least I have an idea now what I can do.