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Faulty Car Further Issue

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Islay | 13:20 Tue 27th Jun 2017 | Law
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I have been told by Toyota that my car needs a new turbo and they quoted £2000 considering I paid just a little more than that I have gone back to the seller and said that I wish to return the car as I can't afford that and i no longer have any trust in it.
He has offered to repair the car and said that there is no refunds.
Can he a refuse a refund for a fault and I have a feeling that this is just going to be the first of a long list of things with this car.
Where do I stand?
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Send the dealer the following letter (with the obvious corrections made) by Royal Mail's 'Signed For' service. (The letter must clearly show your name and address, his company's name and address and be dated. Those requirements are necessary if the letter has to be used as evidence in court action): "Sir On 15 June 2017 I purchased a Toyota Rav 4 (AB 05 CDE)...
16:03 Tue 27th Jun 2017
Question Author
Bump
Am sure I've seen on one of your posts about this car, something about a legal phrase Islay.
Car is not fit for purpose and should never have been sold, will have a look and see if I can find it, something with Trading Standards I think x
How long have you had it for and was it sold "as seen"?
this from Chris :
As well as your rights referred to in my link above, it's worth noting that Section 75 of the Road Traffic Act 1988 makes it an offence to "sell, supply or offer to sell or supply, or expose for sale an unroadworthy vehicle". (That applies both to dealers and private sales).

A vehicle with a broken coil is unlikely to be regarded as 'roadworthy'. (It certainly wouldn't pass an MOT test!). Any responsible dealer should have fixed any such problem before offering a car for sale. (Of course it's possible that the coil broke after you purchased the car but you'd usually hear a ruddy big bang when it did!)

as well as that info, he did post a link to Which for your consumer rights too.

You might just have to go down that route Islay :-(
Question Author
10 days bakersdozen, it does not say sold as seen on the receipt.
Thanks Alba, I know from the info Chris gave me before that a refund should be given but can he refuse a refund and offer to fix it?
In 10 days this car has visited a garage 5 times!!
he's had ample opportunities to fix it, so tell him no, you want a refund.
If it was fixed, you still would have doubts about the car.

I've a journalist friend who may know of a motoring journalist who could assist in putting in a word or two in a newspaper?
Send the dealer the following letter (with the obvious corrections made) by Royal Mail's 'Signed For' service. (The letter must clearly show your name and address, his company's name and address and be dated. Those requirements are necessary if the letter has to be used as evidence in court action):

"Sir

On 15 June 2017 I purchased a Toyota Rav 4 (AB 05 CDE) from your company. I have subsequently been told by a Toyota main dealer that the vehicle needs a major repair (i.e. the supply and fitting of a new turbocharger unit). I therefore regard the vehicle as NOT FIT FOR PURPOSE (as defined by Section 10, Consumer Rights Act 2015)

I therefore exercise the RIGHT (given to me under Section 20 of the said Act) to REJECT the vehicle and DEMAND a FULL REFUND of the money paid to you in respect of the said sale.

I note that you state that you do not give refunds. I advise you that such a statement CONTRAVENES the provisions of Schedule 2 of the Consumer Rights Act 2015 (as brought into effect by Section 62 of the Act) and is therefore both UNLAWFUL and INVALID.

TAKE NOTICE that if I do not receive a full refund within SEVEN DAYS I will:

(a) refer the matter to Blogshire Trading Standards ; AND

(b) commence court action against you ; AND

(c) invite the local press to report upon the way that you conduct your business.

Yours faithfully"


Do NOT use the car. (If you do you'll lose the right to reject it).

If you need to contact Trading Standards, start here:
https://www.gov.uk/find-local-trading-standards-office

If you need to commence court action, start here:
https://www.moneyclaim.gov.uk/web/mcol/welcome
Question Author
Thanks Chris much appreciated
Blimey Chris....above and beyond mate. Top answer.
how do you think that you have any right to get the seller to pay for any damage you have caused ? dont you know about warranty? did you get a warranty ? from a dealer or a back street garage in lisburn ?

read the small print in future .
ie .... " sold as seen "
" In 10 days this car has visited a garage 5 times!! "

oh dear

he got a deal ...lol
^^^ Describing a car as 'sold as seen' is prohibited by the provisions of Schedule 2 of the Consumer Rights Act 2015.
Question Author
I haven't caused any damage what makes you think I have?
He is replacing the turbo for me!! Who got the deal?
Question Author
Its OK Chris Dick is just living up to his name and trying to goad me!!
I remember when you were buying this car & saying your brother knows or words to the affect about cars, what happened there?
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You remember wrong that is not what I said!
Did you not say your brother was going with you? If I'm wrong I will put my hand up.
Question Author
Best put your hand up because I never said that!!
My hands are up.
All that's left now is for TWR to give Islay his heart. ... giver, giver your heart ... Hands up, baby, hands up,



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