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Thread: What rights do I have?

  1. #1
    Regular Member Stan-H-'s Avatar
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    Default What rights do I have?

    Hi guys,

    As some of you may have read, i have been having nothing but problems with my newly purchased Vectra from day 1 of buying it:

    - EML on after 6 hours of owning it
    - rough running engine
    - blue smoke from the exhaust when starting it up
    - knocking / damaged suspension
    - brakes down to metal after 220 miles of ownership
    - DMF and clutch apparently need replacing
    - Brake fluid needs changing

    What rights do I have in terms of a full refund from the car dealer i bought it from?

    I have had the car 10 days and i have already informed them that I would like a full refund and they are 'discussing' it between the 3 owners..?


    Thanks.
    Stan.

  2. #2
    Regular Member m8internet's Avatar
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    It's early days for a full refund

    You need to give them a list of issues and fault
    Issue this in person (with a witness) and by postal method (recorded delivery)
    Give them a set period to fix all the issues and faults, maximum 14 days
    Include that they will provide a courtesy car or pay for a hire car, up to 14 days

    After 14 days you want confirmation that all the issues and faults have been repaired, and confirmation in writing

    Once you have had this meeting, contact Consumer Protection in your local area, and obtain the case number

    If the car is still not repaired to a satisfactory level after 14 days, commence the full refund
    It should be immediate
    If not, then contact Consumer Protection

  3. #3
    Regular Member Dane-10's Avatar
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    1 thing ive learnt in the past,

    Do everything with a witness and anything discussed, Confirm it in writting and send everything with signature required!

    That way they cant claim you didnt say something.

  4. #4
    Regular Member Bigglesfliesundone's Avatar
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    Courtesy of Which?
    Your rights if you buy second hand cars from a dealer

    When you buy a second hand car from a dealer, you have a right, under the Sale of Goods Act 1979, to expect the car to:
    • be of satisfactory quality (taking into account its age and mileage)
    • meet any description given to you when you were buying it, and
    • be fit for the purpose (for example, to get you from A to B safely)
    If the second hand car does not meet these requirements you have a right to claim against the dealer for breach of contract.

    Your right to claim for the cost of repairs

    If it’s too late to reject the second hand car (or you don’t want to) you can ask the dealer for a repair or replacement. If the dealer refuses, you could:
    • claim from it the cost of getting the second hand car repaired elsewhere
    • claim for a reduction in the purchase price, or
    • return the car and get the money you paid back, less a deduction for the use you’ve had (called ‘recision’)
    However, if your claim is worth more than the small claims limit where you live (£5,000 in England and Wales, £3,000 in Scotland or Northern Ireland) you may need to take advice before you act, because you may risk facing time-consuming and expensive court action.
    If you get a warranty or guarantee with a second hand car, you may be able to claim on that to get any problems fixed. However, this doesn’t affect your legal rights, and you could still either reject the car, or claim against the dealer.

    If the seller has mislead you about the second hand car

    If something you buy is not ‘as described’, or if the seller is guilty of misrepresentation, you are entitled to:
    • give the second hand car back and get your money back, or
    • if you want to keep the car, ask for compensation (usually the cost of any repairs it needs)
    However, if you buy a second hand car that was not described as being in excellent condition or good working order, and it breaks soon after you buy it, you do not have any right to reject it, or to claim compensation.
    Some unscrupulous second hand car dealers might pretend to be private sellers to get out of their legal obligations. If you think a dealer is trying to pretend they're a private seller, do not buy from them and report them to the local trading standards department.

    Hope this helps



  5. #5
    Regular Member Bigglesfliesundone's Avatar
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    Double Post

  6. #6
    Regular Member Stan-H-'s Avatar
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    Quote Originally Posted by m8internet View Post
    It's early days for a full refund

    You need to give them a list of issues and fault
    Issue this in person (with a witness) and by postal method (recorded delivery)
    Give them a set period to fix all the issues and faults, maximum 14 days
    Include that they will provide a courtesy car or pay for a hire car, up to 14 days

    After 14 days you want confirmation that all the issues and faults have been repaired, and confirmation in writing

    Once you have had this meeting, contact Consumer Protection in your local area, and obtain the case number

    If the car is still not repaired to a satisfactory level after 14 days, commence the full refund
    It should be immediate
    If not, then contact Consumer Protection
    I have asked them to repair everything above and i have informed them all the problems yet they will not repair half of the things ive stated. I have a vauxhall health check print out and an independant garage inspection invoice which shows all the issues above.


    Quote Originally Posted by Dane-10 View Post
    1 thing ive learnt in the past,

    Do everything with a witness and anything discussed, Confirm it in writting and send everything with signature required!

    That way they cant claim you didnt say something.
    Indeed, I will do this, thanks.

    Quote Originally Posted by Bigglesfliesundone View Post
    Courtesy of Which?
    Your rights if you buy second hand cars from a dealer


    When you buy a second hand car from a dealer, you have a right, under the Sale of Goods Act 1979, to expect the car to:
    • be of satisfactory quality (taking into account its age and mileage)
    • meet any description given to you when you were buying it, and
    • be fit for the purpose (for example, to get you from A to B safely)
    If the second hand car does not meet these requirements you have a right to claim against the dealer for breach of contract.



    Your right to claim for the cost of repairs


    If it’s too late to reject the second hand car (or you don’t want to) you can ask the dealer for a repair or replacement. If the dealer refuses, you could:
    • claim from it the cost of getting the second hand car repaired elsewhere
    • claim for a reduction in the purchase price, or
    • return the car and get the money you paid back, less a deduction for the use you’ve had (called ‘recision’)
    However, if your claim is worth more than the small claims limit where you live (£5,000 in England and Wales, £3,000 in Scotland or Northern Ireland) you may need to take advice before you act, because you may risk facing time-consuming and expensive court action.

    If you get a warranty or guarantee with a second hand car, you may be able to claim on that to get any problems fixed. However, this doesn’t affect your legal rights, and you could still either reject the car, or claim against the dealer.


    If the seller has mislead you about the second hand car


    If something you buy is not ‘as described’, or if the seller is guilty of misrepresentation, you are entitled to:
    • give the second hand car back and get your money back, or
    • if you want to keep the car, ask for compensation (usually the cost of any repairs it needs)
    However, if you buy a second hand car that was not described as being in excellent condition or good working order, and it breaks soon after you buy it, you do not have any right to reject it, or to claim compensation.

    Some unscrupulous second hand car dealers might pretend to be private sellers to get out of their legal obligations. If you think a dealer is trying to pretend they're a private seller, do not buy from them and report them to the local trading standards department.

    Hope this helps







    Thanks for that, the car definately doesnt meet some of the requirements. Ill just wait and see what the dealer says.

  7. #7
    Regular Member Dane-10's Avatar
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    oh and keep the pressure on them, Dont let them turn it around if they try.

    If they say they will let you know in "2 hours" make sure they do. Make them feel like your not going to let this one go.

  8. #8
    Regular Member Stan-H-'s Avatar
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    Quote Originally Posted by Dane-10 View Post
    oh and keep the pressure on them, Dont let them turn it around if they try.

    If they say they will let you know in "2 hours" make sure they do. Make them feel like your not going to let this one go.
    Thats exactly what happened yesterday, i phoned stating I want a refund, they said they would phone me back very soon.

    2 hours later and no response, so i phone them again to be hung up on.

    I phoned again , no answer and get the answering machine.

    So i emailed them stating that I want a refund and was basically told they are discussing it.

  9. #9
    Regular Member m8internet's Avatar
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    Can you provide some further background on the vehicle itself :
    Trim level and engine
    Age (year reg and MY)
    Mileage (as at purchase)
    Service history (last three, date and mileage of each)

    Was it taxed or was a new one applied?
    When does the MoT expire?

    Did you view the vehicle FULLY before purchase? (ie in daylight)
    Did you take the car for a test drive?
    How did you miss the blue smoke on start up?
    How did you miss the rough running engine during the above?

  10. #10
    Regular Member Stan-H-'s Avatar
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    Quote Originally Posted by m8internet View Post
    Can you provide some further background on the vehicle itself :
    Trim level and engine
    Age (year reg and MY)
    Mileage (as at purchase)
    Service history (last three, date and mileage of each)

    Was it taxed or was a new one applied?
    When does the MoT expire?

    Did you view the vehicle FULLY before purchase? (ie in daylight)
    Did you take the car for a test drive?
    How did you miss the blue smoke on start up?
    How did you miss the rough running engine during the above?
    2006 SRi CDTi 1.9 150
    74100
    full service history, last one was done the day i bought it apparently (14/02/2012) - Last three where at 54432 (18/12/2009) 40412 (14/03/2009) and 24636 (23/02/2008).

    *** Ive just noticed, 2 + yearrs since its last service, that cant be good ! ***

    No tax on the car upon purchase
    MOT expires Feb 2012 (it was done the day before i bought it also)

    I inspected the vehicle in their showroom so there was plenty of light in there.

    When i told them about the blue smoke they said it was because the car had been sat there for a week. I gave them the benefit of the doubt. (Please bear in mind i am not a mechanic, i dont know anything about the mechanical side of a car other than the odd bits and bobs)

    Again, the rough running engine they said was because the car had been sat for a week or so. Once the engine warms up it runs fine but it runs rough when you first start the car up.

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