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Where do I legally stand?

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Old Aug 18th, 2019, 21:54   #21
Dastardly Diesel
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Did you pay for any or all of the cost on your credit card? Make it their problem if you did. My good lady has new cars, but I have used ones and always pay by CC - clearing the amount a day or two later from my bank account - for exactly this reason. Paid dividends on a used Peugeot in which the turbo failed a few days after pirchase - the dealer wouldn't play ball for me, but folded right quick when the financial might of the CC company started to stamp on their fingers.
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Old Aug 18th, 2019, 23:20   #22
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Quote:
Originally Posted by Dastardly Diesel View Post
Did you pay for any or all of the cost on your credit card? Make it their problem if you did. My good lady has new cars, but I have used ones and always pay by CC - clearing the amount a day or two later from my bank account - for exactly this reason. Paid dividends on a used Peugeot in which the turbo failed a few days after pirchase - the dealer wouldn't play ball for me, but folded right quick when the financial might of the CC company started to stamp on their fingers.
Indeed. I always put £100 of the payment on a credit card (that's enough to be covered for the whole transaction)
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Old Aug 19th, 2019, 18:49   #23
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Unfortunately for me I paid for it in cash/part X.

Cab this morning are saying he's gotta fix it but he's digging his heals in. Next step I guess is small claims court which will cost me the same as a new steering rack just more drawn out and more grief. I guess he's counting on me taking the easy option!
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Old Aug 19th, 2019, 19:19   #24
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How does the steering behave when it's cold ? Hard to turn, shaky, noisy ?
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Old Aug 19th, 2019, 19:58   #25
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The dealer you bought the car from.

Aside from the mechanic saying it's not his responsibility blah blah. And no advisory on the MOT (interesting?)

You bought the car for a lot of money - this isn't ebay bangernomics - you expect the car to be free from fault within the warranty period at least. And any car of that age should have had a full pre-sale inspection with key components of the car (including the steering rack) checked ahead of sale.

That component has clearly not just failed in your short tenure, so you are well within your rights to invite the dealer to rectify the fault at his entire expense. Or hand it back for a full refund.

Ahead of any possible next step, including recourse to the legal system, which no doubt you and he will be very keen to avoid.

The alternative is you get the car repaired, keeping him in the loop at all times, but at each point stating that you will be sending him the bill either directly or via the small claims court.

He should blink.

All in my humble opinion of course.

Last edited by MG68; Aug 19th, 2019 at 20:06.
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Old Aug 19th, 2019, 20:09   #26
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How does the steering behave when it's cold ? Hard to turn, shaky, noisy ?
It's stiff, notchy and you hear a bang from underneath when turming direction. Almost feels like it locks up to start with. It's drive able after 15mins.

My usual mechanic is finding it hard to source a rack to be able to get an accurate quote on what the repair cost should be. I'm starting to feel it's time to hand it back but then what if he refuses to refund as I then have to prove it was not satisfactory at time of sale. This whole thing is a head ache I really do not need right now! The problem with trying to be a decent chap is that you expect others to be the same.
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Old Aug 19th, 2019, 20:12   #27
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Just re-read your OP.

Sorry, that car was sold with an existing fault, and it is the dealers responsibility to fix it entirely.

Or just state that you either fix it and pursue him via the small claims including your expenses, or he fixes it.

End of.

Last edited by MG68; Aug 19th, 2019 at 20:18.
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Old Aug 19th, 2019, 20:58   #28
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Could you ask your solicitors to write a letter detailing exactly what the learned and wise people have already advised? This may focus his mind more than a letter from your good self, however well composed.
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Old Aug 19th, 2019, 21:11   #29
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Lots of things changed with the Consumer Rights Act 2015 and you may have more protection than you think, but much of it is time bound so you need to act immediately.

Follow this link to the citizens advice page, it is interactive, you input a couple of details and it gives the advice bespoke to your situation.

https://www.citizensadvice.org.uk/co...th-a-used-car/

Good luck and let us know how you get on.
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Old Aug 20th, 2019, 11:25   #30
abdiel
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Quote:
Originally Posted by Jimmy90 View Post
It's stiff, notchy and you hear a bang from underneath when turming direction. Almost feels like it locks up to start with. It's drive able after 15mins.

My usual mechanic is finding it hard to source a rack to be able to get an accurate quote on what the repair cost should be. I'm starting to feel it's time to hand it back but then what if he refuses to refund as I then have to prove it was not satisfactory at time of sale. This whole thing is a head ache I really do not need right now! The problem with trying to be a decent chap is that you expect others to be the same.

You can insist on returning the car as 'Not fit for purpose' within 30 days of buying it. If a defect is found once the 30 days have passed, but within six months, you are entitled to request a repair, replacement or refund free of charge. The law assumes that the fault was there at the time of delivery, unless the seller can prove otherwise.
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