Car purchase gone wrong….

[Felon]

Ok so

I had a bmw m240i, due to me needing more practicality I ended up going with a broker, who had found a part-ex deal on an XC90, so I went and did the deal on Saturday the 3rd. Basically the xc90 had a full service history and no problems, I had to drive 150 miles to Scunthorpe to do it, but in the end I got the XC90 home and no problem. (The garage had a buyer for the M240i, so it was a chain of stuff that had to line-up, but it did and it all went through)

Friday morning (9th) 6 days later, I left my driveway got 100yds down the road and the turbo has either gone, or a turbo-related hose has gone, I can't tell, I managed to limp back home about half a mile at 20mph. Basically I have hardly any power, loads of misfire and a loud air rushing sound coming from under the bonnet. (I've had a turbo go before, and it seems the same).

So.

I based on the fact that it's broken so early (6 days after purchase), I have no confidence in it - so I went back to the broker on Friday and I've decided to exercise my 30 day right to reject, under section 20 of the CRA.

My understanding on the legislation, is that this is a pretty much open and shut case, I don't have to let the garage try and fix it - I can just reject outright, based on the fact this has occurred within the first 30 days. Furthermore, after speaking with the finance company - it's the garage's responsibility to pay to get the broken car back to them.

Is there anything I've missed? The broker seem to be dragging their heels a bit and I'm currently paying for a hire car at my cost, whilst this broken XC90 is sat on my drive.

From my end, it seems simple - the legislation is clear and unambiguous: it broke within 30 days, ergo: I can just reject it and there are no arguments, this was also purchased on Finance - so I imagine the finance company has an interest here as it's their legal right to ensure the car works?

Any help or advice would be much appreciated

 

[nas]

In theory it should be open and shut, but depends. I rejected a car within a week and got a refund, but I had a dealer report listing the issues to support the claim (2009 325i Highline). I was a little hesitant to buy it as my test drive was brief and couldn't fully inspect it, but it had the exact spec I wanted, so bought it anyway, and immediately had booked in for a health check with BMW who uncovered a multitude of issues - repairs in excess of £3k

Emailed the report over and had the seller collect and issue a refund. "That's" open and shut, so if you're able to obtain documentation proving fault then do so, but expect resistance if it's something that's simple to rectify or can be blamed on your driving style.

Might cost you abit for a report if you go down that route, but it's a drop in the ocean considering the total price of the vehicle in most cases.

 

[Semple]

I'm sure others more familiar with the process will comment, but sounds all ok from me. Have you had any contact with the garage to let them know your intentions. Presumably they have to come collect it rather than the broker.

If you've only spoken with the broker then I'd say it's a good time to speak to the garage now.

Have you had any response from the broker? If the complaint only went in on Friday it's probably not something they'd deal with over a weekend. I'd give them a call tomorrow, and basically push for things to start moving else you'll have to go down the legal route.

 

[Felon]

In theory it should be open and shut, but depends. I rejected a car within a week and got a refund, but I had a dealer report listing the issues to support the claim (2009 325i Highline). I was a little hesitant to buy it as my test drive was brief and couldn't fully inspect it, but it had the exact spec I wanted, so bought it anyway, and immediately had booked in for a health check with BMW who uncovered a multitude of issues - repairs in excess of £3k

Yeah that sounds a bit more complicated than my case, as with me - it was all fine, then it's just experienced one failure and that has resulted in it sitting on my drive totally broken.

I'm sure others more familiar with the process will comment, but sounds all ok from me. Have you had any contact with the garage to let them know your intentions. Presumably they have to come collect it rather than the broker.

If you've only spoken with the broker then I'd say it's a good time to speak to the garage now.

Have you had any response from the broker? If the complaint only went in on Friday it's probably not something they'd deal with over a weekend. I'd give them a call tomorrow, and basically push for things to start moving else you'll have to go down the legal route.

Yeah i'll speak to the broker's customer service people today to see what they say, then I might speak with the garage tomorrow, just concious that I don't want to be "going around" the broker, but at the same time I need this thing gone and cancelling..

At the same time, I've actually gone out and gotten finance from a dealer, on a 2 year old vehicle which I collect on wed/thurs, so I'm sorted on that front, I just need this thing cancelling and returning...

 

[Gaygle]

Ok so

I had a bmw m240i, due to me needing more practicality I ended up going with a broker, who had found a part-ex deal on an XC90, so I went and did the deal on Saturday the 3rd. Basically the xc90 had a full service history and no problems, I had to drive 150 miles to Scunthorpe to do it, but in the end I got the XC90 home and no problem. (The garage had a buyer for the M240i, so it was a chain of stuff that had to line-up, but it did and it all went through)

Friday morning (9th) 6 days later, I left my driveway got 100yds down the road and the turbo has either gone, or a turbo-related hose has gone, I can't tell, I managed to limp back home about half a mile at 20mph. Basically I have hardly any power, loads of misfire and a loud air rushing sound coming from under the bonnet. (I've had a turbo go before, and it seems the same).

So.

I based on the fact that it's broken so early (6 days after purchase), I have no confidence in it - so I went back to the broker on Friday and I've decided to exercise my 30 day right to reject, under section 20 of the CRA.

My understanding on the legislation, is that this is a pretty much open and shut case, I don't have to let the garage try and fix it - I can just reject outright, based on the fact this has occurred within the first 30 days. Furthermore, after speaking with the finance company - it's the garage's responsibility to pay to get the broken car back to them.

Is there anything I've missed? The broker seem to be dragging their heels a bit and I'm currently paying for a hire car at my cost, whilst this broken XC90 is sat on my drive.

From my end, it seems simple - the legislation is clear and unambiguous: it broke within 30 days, ergo: I can just reject it and there are no arguments, this was also purchased on Finance - so I imagine the finance company has an interest here as it's their legal right to ensure the car works?

Any help or advice would be much appreciated

Hang on a minute, you've surely got to give the garage a chance to fix it? It could be anything that's failed on the car, it hasn't been properly diagnosed as a turbo has it?

Is it a D5? If so, it could very well be the PowerPulse pipe that's burst - super common, nothing to worry about and completely unforeseeable. Or it could just be another turbo hose which has popped off that just needs reattaching? Why are you so quick to try and reject the car?

I'd expect the broker to get the car looked at and repaired ASAP, and to pay for a hire car for you whilst it is off the road. To reject it over something which could be a matter of pence and take 20 minutes to fix seems very overzealous?

At the same time, I've actually gone out and gotten finance from a dealer, on a 2 year old vehicle which I collect on wed/thurs, so I'm sorted on that front, I just need this thing cancelling and returning...

You've already gone out and bought a new car?? What happens if the broker sends a mechanic around and it was a turbo hose that's popped off and he fixes it in 5 minutes?

In theory it should be open and shut, but depends. I rejected a car within a week and got a refund, but I had a dealer report listing the issues to support the claim (2009 325i Highline). I was a little hesitant to buy it as my test drive was brief and couldn't fully inspect it, but it had the exact spec I wanted, so bought it anyway, and immediately had booked in for a health check with BMW who uncovered a multitude of issues - repairs in excess of £3k

Emailed the report over and had the seller collect and issue a refund. "That's" open and shut, so if you're able to obtain documentation proving fault then do so, but expect resistance if it's something that's simple to rectify or can be blamed on your driving style.

Might cost you abit for a report if you go down that route, but it's a drop in the ocean considering the total price of the vehicle in most cases.

This is completely understandable - if there are a multitude of issues which are expensive and in depth to repair, then I can understand someone rejecting it. Trying to reject a car when it hasn't even been looked at by a mechanic is a bit much

 

[sigma]

I'm pretty sure that because there's a finance company involved you can get them to sort out the return/refund because technically they own part of it.

 

[sigma]

Hang on a minute, you've surely got to give the garage a chance to fix it? It could be anything that's failed on the car, it hasn't been properly diagnosed as a turbo has it?

Is it a D5? If so, it could very well be the PowerPulse pipe that's burst - super common, nothing to worry about and completely unforeseeable. Or it could just be another turbo hose which has popped off that just needs reattaching? Why are you so quick to try and reject the car?

I'd expect the broker to get the car looked at and repaired ASAP, and to pay for a hire car for you whilst it is off the road. To reject it over something which could be a matter of pence and take 20 minutes to fix seems very overzealous?


This is completely understandable - if there are a multitude of issues which are expensive and in depth to repair, then I can understand someone rejecting it. Trying to reject a car when it hasn't even been looked at by a mechanic is a bit much

I agree with this also but I would add that if the broker are dragging their heels already then I'd not have much faith in them. Mind you they could be dragging their heels because you went in all guns blazing?

Giving them one chance to fix it would also provide more amo for getting a refund as if it does go to small claims court you would be able to show that you've been reasonable and given them a chance to rectify.

Get it diagnosed for sure. You'll need to be able to fully explain/justify why you're rejecting it.

What is legally correct and what the broker will do/accept can be two very different things but hopefully they'll sort out either option you choose...

 

[Felon]

I'd expect the broker to get the car looked at and repaired ASAP, and to pay for a hire car for you whilst it is off the road. To reject it over something which could be a matter of pence and take 20 minutes to fix seems very overzealous?

It’s a matter of confidence really.

For a failure like this to occur after 6 days - I just don’t want it, I have no confidence in it.

I want to do what’s best for me and just return it, without any hassle.

 

[Gaygle]

It’s a matter of confidence really.

For a failure like this to occur after 6 days - I just don’t want it, I have no confidence in it.

I want to do what’s best for me and just return it, without any hassle.

I mean, I think you should be able to reject it as the rejection law seems to cover pretty much any breakdown scenario within the first 30 days - but we all know that what the law says, and how people apply it, are two very different things especially when it comes to car traders

If you liked the car, spent all the time finding it/looking over it/arranging the deal/arranging finance etc I can't understand why you wouldn't let a mechanic just look at it before trying to get rid of it - surely, if nothing else, it's the least amount of hassle for you as you'll probably be in for a bit of a fight with the broker, especially if it turns out to just be a minor issue and the broker decides to not accept your rejection? Fair enough, if something bad has happened and the turbo has eaten itself and pieces of turbo have been inhaled by the engine - I'd completely understand as I'd also have no confidence in the future sound running of the car regardless of it being fixed. However, if it's literally a rubber hose that's popped off/a sensor plug that came loose and just needed pushing on/a £50 pipe that needs replacing, I can't see how that'd affect your confidence in it?

Did you discover you didn't really like the car and it is an ideal opportunity to get rid?

 

[flea.rider]

forget the broker .. go straight to the finance company ..tell them to return/stop payment then let it sit on the road till someone picks it up .. or on your drive ..

 

[andybird123]

forget the broker .. go straight to the finance company ..tell them to return/stop payment then let it sit on the road till someone picks it up .. or on your drive ..

Iirc the finance company will be jointly liable for the whole thing, so you should be able to get any deposit back from them as well

 

[Facemasker]

If this garage has got a solicitor or legal team I pretty much think you're screwed and at the mercy of the garage owner so I'd play nice in your shoes and not get too cocky spouting blurb about your legal rights to force a termination of your purchase contract.

It's a used vehicle (probably sold without any warranty period too) so I don't think failure of random minor consumable parts like turbos would be included within any purchase/return rights on a vehicle like this. A good legal team could wrap you up in red tape and bureaucracy very easily and you would have to commence a small claims case in court to stand any chance of settling this in your favour.

Step 1 (to stay legally compliant before commencing legal proceedings) is to at least give the garage the opportunity to repair the vehicle at no cost or give you a report about what the actual problem is and repair costs etc. It makes no difference if you've lost confidence in the vehicle already as breakdowns can happen anytime and you can't hold the garage responsible for that.

If it goes to court, the garage could suggest that you must've driven the vehicle wrecklessly for the past week so it will just end up as a "his word against yours" situation that a judge would not be able to rule on in your favour IMO.

Out of interest.....what's the age and mileage?

 

[sigma]

If this garage has got a solicitor or legal team I pretty much think you're screwed and at the mercy of the garage owner so I'd play nice in your shoes and not get too cocky spouting blurb about your legal rights to force a termination of your purchase contract.

It's a used vehicle (probably sold without any warranty period too) so I don't think failure of random minor consumable parts like turbos would be included within any purchase/return rights on a vehicle like this. A good legal team could wrap you up in red tape and bureaucracy very easily and you would have to commence a small claims case in court to stand any chance of settling this in your favour.

Step 1 (to stay legally compliant before commencing legal proceedings) is to at least give the garage the opportunity to repair the vehicle at no cost or give you a report about what the actual problem is and repair costs etc. It makes no difference if you've lost confidence in the vehicle already as breakdowns can happen anytime and you can't hold the garage responsible for that.

If it goes to court, the garage could suggest that you must've driven the vehicle wrecklessly for the past week so it will just end up as a "his word against yours" situation that a judge would not be able to rule on in your favour IMO.

Out of interest.....what's the age and mileage?

OP, you can pretty much ignore most if not all of this post.

 

[Facemasker]

OP, you can pretty much ignore most if not all of this post.

Please explain why? I'm always willing to learn and be corrected if I'm wrong.

I've got no experience with 2nd hand cars and small independent garages but I've taken main dealers to court twice now (Renault and Vauxhall) and won "out of court settlements" that I was satisfied with.

I had to agree to enforceable Non Disclosure terms though so please don't ask for details of those settlements on an open forum.

 

[Facemasker]

If this goes to court....here's the basis for the OPs claim (in his own words).

1. I ended up going with a broker, who had found a part-ex.

2. Basically the xc90 had a full service history and no problems, I had to drive 150 miles to Scunthorpe to do it, but in the end I got the XC90 home and no problem.

3. 6 days later, I left my driveway got 100yds down the road and the turbo has either gone, or a turbo-related hose has gone, I can't tell.


I'm not trying to prove I'm right or wrong (or clever) in this topic. Just sharing an insight into experiences I've had in the past. If the info is useless to you.....ignore it.

 

[Gaygle]

OP, you can pretty much ignore most if not all of this post.

Yup

Please explain why? I'm always willing to learn and be corrected if I'm wrong.

I've got no experience with 2nd hand cars and small independent garages but I've taken main dealers to court twice now (Renault and Vauxhall) and won "out of court settlements" that I was satisfied with.

I had to agree to enforceable Non Disclosure terms though so please don't ask for details of those settlements on an open forum.

A) He is well within his rights to reject the vehicle - he is within 30 days of buying it from a trader and the vehicle has broken down/is not driveable.
B) It is a used vehicle, but he has bought it from a trader and as it has to be fit for purpose and as described - whether or not he has a warranty is immaterial (even though it probably does). Also, a turbo failure wouldn't be classed as a "minor consumable part"!
C) A good legal team could do whatever they want - the fact is that the OP has bought a car, at what I imagine to be quite considerable cost, and it has lasted 6 days before breaking down. Courts often side with the consumer in cases that are far less distinct - in cases as clear cut as this a court would rule in the OP's favour in an instant. In fact, it'd never even get close to court because any trader in their right mind would know that they would lose, would have to pay for their own legal fees, and the court would likely order them to pay the OP's legal fee's too.
D) He doesn't have to give the garage an opportunity to fix is as it is within 30 days. Between 30 days - 6 months, he would. And he absolutely can hold a garage liable for a breakdown of a car he's just bought from them.
E) A garage can suggest what they like - it'd be for them to prove. If they produced some photos of the OP taking his new XC90 around the Nurburgring and going wheel to wheel with Porsches - then yes, the OP may struggle. Short of that, it would be shot down in an instant by a court and a judge would completely be able to rule in his favour

For someone who has apparently been to court twice against two different main dealers - you really haven't got anything correct in your post, hence why @sigma told people to ignore everything you'd written

 

[Facemasker]

Yup

A) He is well within his rights to reject the vehicle - he is within 30 days of buying it from a trader and the vehicle has broken down/is not driveable.
B) It is a used vehicle, but he has bought it from a trader and as it has to be fit for purpose and as described - whether or not he has a warranty is immaterial (even though it probably does). Also, a turbo failure wouldn't be classed as a "minor consumable part"!
C) A good legal team could do whatever they want - the fact is that the OP has bought a car, at what I imagine to be quite considerable cost, and it has lasted 6 days before breaking down. Courts often side with the consumer in cases that are far less distinct - in cases as clear cut as this a court would rule in the OP's favour in an instant. In fact, it'd never even get close to court because any trader in their right mind would know that they would lose, would have to pay for their own legal fees, and the court would likely order them to pay the OP's legal fee's too.
D) He doesn't have to give the garage an opportunity to fix is as it is within 30 days. Between 30 days - 6 months, he would. And he absolutely can hold a garage liable for a breakdown of a car he's just bought from them.
E) A garage can suggest what they like - it'd be for them to prove. If they produced some photos of the OP taking his new XC90 around the Nurburgring and going wheel to wheel with Porsches - then yes, the OP may struggle. Short of that, it would be shot down in an instant by a court and a judge would completely be able to rule in his favour

For someone who has apparently been to court twice against two different main dealers - you really haven't got anything correct in your post, hence why @sigma told people to ignore everything you'd writte

Okay, well I'm not going to strongly debate against you or anyone else in this topic as I merely shared some points that (to me) could be helpful. I'll sit back and watch the story unfold instead and wish the OP good luck. Maybe I'll learn something....who knows.

 

[Felon]

Did you discover you didn't really like the car and it is an ideal opportunity to get rid?

Not really, I did quite like it - I mean what's not to like about an XC90, it was pretty much ideal for my needs if I'm honest... It drove fine, etc etc.

My problem, is that for something like this to happen in 6 days, I have two choices;

1: Fix it, and carry on. (It has 3 months warranty anyway, and the 30 day period gives me the option to choose between letting them fix it, or rejecting it regardless of warranty - the choice is mine)
2: Reject it outright. (As we're within the 30 day period)

The bottom line, is that if this was an electric window, headlight or other silly issue - I wouldn't even tell anybody, I'd just take it down to the local garage and get it fixed... But when it's an actual engine issue and is physically conks out whilst I'm driving it 6 days after purchase.... It feels a lot worse and I'm going to be worried the next thing breaking...
I live out in the country and I need something I can rely on.

With option 2 - it gives me the ability to just wipe the slate clean and get rid, which to me feels like the most sensible thing to do. I think a lot of people would probably seriously consider doing this, if it happened to them, to be honest.

If this goes to court....here's the basis for the OPs claim (in his own words).

1. I ended up going with a broker, who had found a part-ex.

2. Basically the xc90 had a full service history and no problems, I had to drive 150 miles to Scunthorpe to do it, but in the end I got the XC90 home and no problem.

3. 6 days later, I left my driveway got 100yds down the road and the turbo has either gone, or a turbo-related hose has gone, I can't tell.


I'm not trying to prove I'm right or wrong (or clever) in this topic. Just sharing an insight into experiences I've had in the past. If the info is useless to you.....ignore it.

If you buy a washing machine from a shop and it breaks in 6 days - you have the right under section 20 of the CRA to reject it outright and get a refund, this applies to literally anything you buy from a shop in person or car dealership (online purchases, or distance sales have some slightly different rules I think)

 

[Deleted User 298457]

random minor consumable parts like turbos

This is where I stopped reading, lol!

 

[muon]

Okay, well I'm not going to strongly debate against you or anyone else in this topic as I merely shared some points that (to me) could be helpful. I'll sit back and watch the story unfold instead and wish the OP good luck. Maybe I'll learn something....who knows.

You shouldn't give bad legal advice.

If this garage has got a solicitor or legal team I pretty much think you're screwed and at the mercy of the garage owner so I'd play nice in your shoes and not get too cocky spouting blurb about your legal rights to force a termination of your purchase contract.

Don't talk about your legal rights? You are screwed if they have a legal team?

Amazon have a legal team. If something breaks after you've bought from them, do you ignore your rights, and beg for their mercy?