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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71140
Experience:  Over 5 years in practice
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I want a full on a used car that I bought, then found

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I want a full refund on a used car that I bought, then found it to be faulty even after I had returned it once for repair
Thank you for your question. My name is ***** ***** I will try to help with this.
-Could you explain your situation a little more?
Customer: replied 3 years ago.

Blackbird Motors called me on the 4th July to collect the car as it was fixed and ready to pick up. I went with my wife in her car to collect the repaired car Friday 5th July. I drove the car back home and took it to my local garage for them to check; they found a silver dust like substance around the coolant tank which they recognised as a substance called K Seal. They informed me that was used as a temporary leak fix and had been put into the coolant tank they also informed me that the car was building pressure up within the engine and that in their opinion the head gasket had gone and need urgent repair. I informed Blackbird Motors of this situation and they admitted that K Seal was put in to cure a small leak on the water pump. They told me to return the car and they would fix the water pump. I can't afford another £300 to transport the car back to them and I also have lost confidence on any repair they say they will do; how many times will this occur. The car they advertised and the car I have purchased are miles apart. It's a BMW X3 a lovely looking car and it would be nice to drive and enjoy it but with the pressure building within the engine its like a ticking bomb waiting to go off I afraid to drive it even a mile never mind the 150 or so miles to Leicester. I would also like to add after buying the car on the 9th June and driving it away from the garage I had only been driving less than 5 minutes when a warning light came on the dash there was no manual in the car so I phoned Blackbird Motors and was told its the engine management system going through it's check and the light would eventually go off have a safe journey. The light went off then came back on again several time during the journey home I also noticed a knocking noise coming from the car. I got this checked out straight away on my return home and was informed that the rear wheel was loose and had no locking nut on it and the other nuts where only hand tight. This could have came off at anytime and might have caused a fatal accident; I informed Blackbird Motors of this and they apologised having said that a it had a puncture and had been sent away for repair. I believe that both my wife and myself where very lucky and very unlucky that day; lucky in the respect that we were not involved in a traffic accident; and unlucky that we paid good money for a car that we are frightened to drive.

When did you buy originally and how old is the car please?
Customer: replied 3 years ago.

I bought the car 9th June; its a 2004 registration BMW X3.

I have been in touch via the phone to Blackbird Motors from that day up to today 18 July. I called them 5 minutes after driving away from their garage complaining that a warning light was on and it has been a on going conversation ever since. I have incurred several £100 pound expense since buying this car and yet have not had the pleasure of driving it at my convenience, my wife totally refuses to get in it. The car is now safely locked up at my local garage the same persons who advised me not to drive it. I have given Blackbird Motors the chance to fix the car and they have told me to return it again for further repair; how many times do I have to return the car till its fully repaired and even when they say its repaired I feel i can not trust the work done after they admitted in using a leak solvent substance. I would be happy with a full refund nothing else.

Thats not good news I'm afraid.
How much did you pay originally?
Customer: replied 3 years ago.

The car cost a total £4,379

I traded in my wife's BMW 316 as part ex and received £800

I paid £100 deposit via my Visa Debit Card

we then drove to Leicester to pick up the BMW X3 and trade in the BMW 316.

Leaving a total of £3,479 to pay.

I also had to put six months road tax on the car before I could drive it away

so like I stated earlier cost of car £4,379

I just need about 10 mins to type out an answer if thats OK?
Its bad news I'm afraid.
Customer: replied 3 years ago.

When you say bad news....!!! surely I must have some right to claim either a full repair or full refund??

I do completely see why you are aggrieved over this but ultimately we are all hampered by the law to some degree.
This is a purchase to which the Sale of Goods Act applies. That will mean under S14 SGA it must be ‘fit for purpose’. That does not mean perfect but it does mean reasonably good with reference to the price you paid for it, its age and history. This is a fairly recent purchase and it wasn’t an insignificant price. Clearly it is faulty and they seem to accept that by offering a repair so that should be no difficulty.
You do have to reject anything you purchase under the SGA which has a fault if you have not already ‘accepted’ it. What it means to ‘accept’ an item depends on the nature of the purchase, the price of the item, the length of time you’ve had it. Given that you have submitted to one repair realistically a court is going to say that you have accepted this car I'm afraid.
The fault was, however, discovered within the first six months of sale so there is a presumption in your favour that it existed at the time of sale.
You do have a right to a fresh repair. There is case law that says that a retailer is entitled to three attempts at repair before it can be accepted that they are not capable of repair.
However, under the SGA, if he fails to act within a reasonable time or causes you unreasonable inconvenience, you are entitled to ask for rescission of the contract and a full refund or a price reduction.
Ultimately if they refuse though, there is no way of forcing them to do so. Then you will have to get the repair done elsewhere and sue them for the cost.
Hope this helps. Please let me know if you need more information.
Customer: replied 3 years ago.

Thanks for your time although I do feel that I have been unfairly treat by Blackbird Motors; on your advise I feel that I will be stuck with this Lemon of a car until its full fixed either by Blackbird Motors or myself incurring me further expense and torment.

Oh yes, you have been badly treated and you do have a right to a repaid.
I' afraid they are entited to a 'reasonbel time' to put right faults which has been interpretated and three attempts.
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