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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71046
Experience:  Over 5 years in practice
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My name is***** I purchased a car son

Customer Question

Hi, my name is***** I purchased a car for my son to learn to drive from Evans Halshaw. He didn't feel confident about driving it until the beginning of March and the first time he took it out it broke down. The guy who helped us get it off the road told us the timing belt had gone. On Evans Halshaws instruction I had the car towed back to them at a cost of £180. They told me they would look st it immediately. Three days later I got fed up with being told they didn't know when they would look at it so I contacted Consuner Advice. They told me to email them that if the car wasn't looked at that day I would have it towed to another garage and get a quote from then at their cost. They looked st the car the aame day and confirmed the car needed a new engine as the timing belt had broken. They returned the car to me a week and a half later and the mechanic who returned it assured me all was well. I was therefore surprised when I turned the car on that an engine warning light came on. I phoned them again and the service manager said 'oh you're phoning about the Windows not working'. I told him that I wasn't aware that the Windows didn't work as I was only moving the car off the road onto the drive. He said he would make arrangements for the car to be collected. After three weeks of waiting I decided that not only could I not trust the car but I couldn't trust Evans Halshae either so I sent them a letter telling them I wanted to exercise my final right to reject as advised by Consuner rights. The day they received the letter they left a message to say they would pick up the car to repair. They have come back to me to say they will not make a refund for the faults the cat currently has. Could you please let me know my rights under these circumstances as I don't want to be throwing good money after bad.
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
How much did you pay and how old is the car?
Customer: replied 1 year ago.
Car cost £4739.98
Car registered 29/12/2009
Expert:  Jo C. replied 1 year ago.
Sorry for the delay. I lost my connection.Im afraid you don't have a right to reject on these facts. This is a purchase from December and you have to give them a reasonable opportunity to repair this vehicle.
Expert:  Jo C. replied 1 year ago.
I realise you may be displeased with it but that does not get over the hurdle of showing that you have given them reasonable opportunity to repair. Apart from anything else the cambelt can go at any time on any car and does not say much about it's condition at all.You do have a right to repair though obviously but they are making that offer.I'm very sorry but I'm afraid you have to be realistic.Can I clarify anything for you?Jo
Customer: replied 1 year ago.
The car did go back to them in March for repair (they had the car for two weeks) but when they returned it the mechanic told me everything was working but was fully aware that the Windows no longer worked. I cannot say whether he knew the warning light was on but as soon as I turned the car on it lit up. The 3 week wait was for the repairs needed after the car was returned from the first repairs. I was told by consumer advise that they only get one chance to repair the car and this they have had. My apologies if I have somehow misunderstood.
Expert:  Jo C. replied 1 year ago.
Yes, but it is for a dissimilar fault.I'm afraid that consumer advise haven't the remotest idea.
Expert:  Jo C. replied 1 year ago.
It is not that you have misunderstood. They have probably given you wrong advise.If they are saying that you can reject after one attempt at repair then that is just plain wrong.