Need help - Returning a second hand car?

Jakeee · 10 Sep 2012 at 20:24

Recently bought a Ford Focus, after a couple of months I found a oil leak, check out this thread:
http://forums.overclockers.co.uk/showthread.php?t=18434020

The garage has tried fixing it several times now (it is now out of the three month warranty), ringing them tomorrow for a refund. How should I approach the situation? What are my rights? Who can I threaten them with if they refuse? etc

SB118 · 10 Sep 2012 at 20:30

For a start you've got more than 3 months warranty, do some reading on the Sale of Goods Act (the bane of the second hand car industry)

[TW]Fox · 10 Sep 2012 at 20:33

SB118 said:
For a start you've got more than 3 months warranty

Well no, not quite. SOGA doesn't provide a warranty - it provides consumer rights which may be of benefit to him, infact almost certainly will be of benefit to him, but it isn't a warranty and shouldn't be referred to as such.

Jakeee · 10 Sep 2012 at 20:35

So how should I approach the situation?

Cuchulain · 10 Sep 2012 at 20:40

Jakeee said:
So how should I approach the situation?

I'd recommend speaking to your local Citizens Advice rather than getting advice from untrained people on a forum. But just to add my opinion, I'd at least chance your arm and see if you can get a refund first, might be quicker.

Meatball · 10 Sep 2012 at 20:54

The fault arrised within the warranty period and you reported as such. They've had several failed attempts to repair the fault. I would draft a letter together to send the dealer (Signed for delivery only!!) offering them one more chance to fix the fault otherwise you will be taking the matters further. The car could be deemed unfit for purpose under SOGA, although I have limited knowledge of SOGA. Hope that helps

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mattyprice4004 · 10 Sep 2012 at 21:28

Jakeee said:
So how should I approach the situation?

By doing as above, and Googling the Sales of Goods Act.

However, a quick summary is that if a fault occurs within the first 6 months of ownership, it is assumed to have been there when the item was sold and as such the retailer HAS to offer a remedy, or prove the fault was NOT there when the item was sold.

Proving it wasn't defective then will be pretty much impossible, so they'll have to sort it. Give them a call, if they don't want to help mention the SOGA, if they still won't help put it in a letter to them, give them 14 days to fix and send it Recorded delivery.

No reply or help, then take it to small claims - for the cost of repair plus court costs (around £40 for a small claim like this)

Rilot · 10 Sep 2012 at 23:31

Returning a second hand car is pretty difficult.
The first thing you need to do is stop using it.
CAB are your friend in this, they will tell you what the steps are.