Troubles with car dealer...

  Pilch from exiled-gamers.co.uk 14:59 07 Dec 04
Locked

Hi Guy’s…

I know this isnt computer related but I (well my mum) really could with some advice with car issues and the dealer she got it from and where she stands.

This is the story.

The car was purchased in Febuary 2004. It is a vauxhall corsa 1.2 Energy. It cost just under £8000. The car for the first couple of months was fine, went well and was all ok.

One day I drove back from devon and the car was going well. About a week later my parents went to go out on a journey. My dad decided to check the oil. There was none. So he checked again. Dipstick wasn’t even registering any oil in the car. As he looked up he noticed the bonnet and the engine bay was covered in oil as was half the engine.

So he thought he would fill it up then take it to the dealer save waiting for recovery truck. They done that and got the dealer. They took the car but couldn’t give a courtesy car as the car hadnt been recovered. The fact is my mum needs a car for her work as a commuinity nurse. So after many phone call’s and talking to the manager they decided she needed one. But they couldn’t find one. So in the end my mum ended up with the managers car.

They repaired the car but still every so often had a misfire but perry’s said the car was fine, been put onto a computer and was perfect. So it was left at that.

I sometimes commented that it seemed to have slight issues when pulling away just didn’t quite seem right.

Any how the car went which was my mums main concern. She was talking to solicitors about what her rights where. Could she not accept repairs and ask for refund or replacement. Solicitors said not really and perry’s wouldn’t help out either. So it was left at that.

This was all around June/July time 4 to 5 months of having the car under 5,000 miles.

This Saturday I took the car to work noticed that it pulled to the left and so commented to my dad, that, it wasn’t slight pulling but enough that you can feel it wanting to go immediately over to the left. So my mum was going to book the car in.

The day before she had gone to pull away and the car wouldn’t go into gear. Anyhow it didn’t happen anymore during the day and so she thought it was one of them thing’s, especially after I drove it with no problems.

Monday morning came and the same thing happened. This time about 10 times and eventually it wouldn’t go. So out came a nice AA man. He figured out that there was a leak somewhere in the slave cylinder causing the hydraulic clutch not to dis-engage. So he managed to temporairly solve it and said it should last for a week so plenty of time for my mum to get it into perrys to be fixed.

She immediately drove home with no real problems. She got in, let her work know she couldn’t attend her appointments that day and then got onto the phone to perry’s.

They immediately said they didn’t have any courtesy car’s until the 16th. So she rang her solicitor who wasn’t the most helpful of chap’s, was a bit “well you have more of a case than before but are legally allowed to have it fixed and car supplied as soon as”.

So my mum rung my brother in law who is a mechanic. He said that Perry’s do have a way to get car’s although they have to hire them out from a private company also that a car of this age shouldn’t be leaking like it is. So my mum again rung up perry’s and said that she had taken legal advice and wanted to have the problem rectified because it interferred with her and her work/patients. They later rung back and said that they would give her a car today at 5pm when she dropped the car over for repairs.

So she said ok. This morning on the way into work the car went wrong again with the same problem, not being able to engage any gear’s. So out came the same nice AA man and removed her from the second lane of the round about junction and drove the car to a safe place and said that it looks like a much more serious problem as the fliud put into the car hadn’t leaked out. Also he stated that the customer care of perry’s wasn’t very good.

So again she rung perry’s and said she needed the courtesy car now as she was due into the office in which she was the only one there all day thus needed to be there to answer the phone. They said the local depot didn’t have any, and the nearest place was 16 miles away and that she needed driving lieciense and insurance documents.

Next bit...

She got the hire car and her car was dropped off for repairs. She came to work (At the same hospital as me) and was deeply worried now that she couldn’t rely on the car and wanted either her money back (Paying it through finance) or a replacement. (Preferably the first option).

So this is where you guys come in. Is my mum legally now entitled to have a refund or replacement no the car as it has been proved fault with not just engine problems, but clutch/gear selection and also the wheel alignment? What are her option’s?

Many thanks for reading this, I know it is long winded but a problem that I need help on!


Karl.

PS I am also going to make contact with watchdog and top gear to see what can happen or if anyone has details of who we can get in contact with to sort this out aswell….

  vaughan007 15:12 07 Dec 04

I only scanned over your post, so aplogies if I have got some things wrong.

Half way down the page under "Problems with motor vehicles" see this link...

click here

Unfortunately with used cars the law becoms a bit 'grey'. This is because the law uses various terms like "short time" and "reasnable quality" and equally grey terms.

Your posts are too long to read through all the way twice. But like with anything else you buy for a short time afterwards when you buy a used car you DO have the right to reject the goods and receive a full refund if it turns out to be faulty. Sound straight forward, but its not and to explain why would take quite a while!

Personally, if this goes to court, I wouldn't bother getting solicitors involved in this. They are very expensive and not always that knowledgable about buying/selling used cars. At the end of the day, with this sort of thing, its simply up to the judge to decide what is 'fair'.

One thing is for sure though. If your going to do anything regarding a legal claim you have to act quickly. If it comes to court, time is certainly of the essence! Although as your first complaint was quite soon after buying the vehicle. This might not be so important at this stage.

What might be useful in a legal claim is an inspection of the car by the AA or RAC. That always goes down well...especially if it shows the car is very poor for its age, mileage and the price that was paid.

this february.. GF04 ***

Cheers for the link though.. ill keep that in mind. The AA man said something is seriously wrong with it, but now the car is at teh garage being fixed as we speak...

  vaughan007 15:30 07 Dec 04

Read it very carefully. It explains what options are open to you.

Its still appropriate for your situation even though the car was brand new and the link is mainly geared towards used cars.

  GANDALF <|:-)> 16:01 07 Dec 04

The car will be covered by a Vauxhall (GM)warranty...contact the manufacturer directly.

G

  plsndrs3 16:19 07 Dec 04

I seem to recall that, once you accept a repair you effectively agree to forgo your right to return the 'product' - but am unsure if this will actually apply given that yet another fault has been found and that this is described as serious.

Personally, I would arrange for the AA to examine the car [preferably collecting it from the garage as this is better for you] and provide a full report. This will cost money, but at least it will stand up in any legal action you then take - and if it comes out with a clean bill of health, at least you are more confident with the car. I do not believe that the garage are under any obligation to supply a courtesy car whilst it is being examined although you might be able to add the cost of this to any damages claim you make.

I would also take time to read the link posted by vaughan007 as well.

HTH
Paul

  Cook2 16:36 07 Dec 04

The dealer is there to represent you and sort out any problems. If they are not prepared to then find the name of the Managing Director, Vauxhall UK and get your mother to write to him direct.

It worked for me with Citroen UK and I now get good service from my dealer.

We tried that one already.. they said it was to be dealt with by the dealer.

Paul - I think that is a good idea with the AA examination, maybe it should have been done before the car was sent away at elast then we can have a clear understanding what went wrong. But for the AA man to have to tell my mum he has to drive the car without use of clutch is a great indicator of the seriousness of the problem.

The garage where under obligation to supply us with a courtesy car as it is 3 year warrenty and it does state a car will be made available.

I have printed the link out for my mum, although she has tried the sales of goods act.

We also did give a list of bits that needed to be rectified by the dealer whilst it is being repaired.

That was another idea to try..

We did go for the Directors of Perry's. They told us they cant deal with it as such.

I might try to find the Vauxhall MD and write...

Also hope that top gear read the letter, being that jeremy clarkson doesnt like vauxhall's that much.

  vaughan007 16:40 07 Dec 04

"I seem to recall that, once you accept a repair you effectively agree to forgo your right to return the 'product'"

Only if the repair is satisfactory. If not. You can still regect the car due to the initial fault. Or at least thats my understanding.

According to trading standards...

"If the repair will take a long time, you may also be able to claim compensation. For example, you may be able to claim for the cost of hiring a car; the trader may, of course, offer a loan car. "

Notice the word MAY used a lot! Very very grey isn't it.

This bit is also important and again quoted directly from Trading Standards...

"Only a court can order a trader to sort out your problem."

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