Refund from car dealer after serious engine fault?

[hebdenwill]

Hello all!

 

Having traded in my trusty 20 year old Octavia for a Mazda 6, I was duly rewarded with an engine light and clattering sound on the new car after three weeks. So, I took it back and after having had it nearly two weeks, it will apparently need a new cam chain. (ouch)

 

I've been told by the garage the dealer uses that this will not be quick, as they have a significant backlog. 

 

Am I within my rights (and the bounds of reason) to ask for a refund immediately instead of waiting for the car to be repaired, which will most likely take another two weeks and probably leave me without a car?

 

As far as I can tell within CRA 2015 I should be entitled to a full refund, but I'm not sure this will be easy to negotiate.

 

I'd love to hear from anyone with experience of this!

 

 

[Yearofthegoat]

FWIW I think you're right - you can 'reject' the car. I don't have any direct experience of this but I'm sure someone who has will be along soon.

 

Hope it gets sorted out.

[WIG]

I would first say to you to contact the dealer and tell them that you are not willing to wait for that car to be put right, I assume they are going to swallow the cost of this, and that you would like a refund as you have lost confidence in the car. They could offer you a replacement vehicle, but you won;t have to accept that. Failing this, I would point you in the direction of trading standards and see what they have to say. You should have a good chance of the dealer giving you a full refund though if you mention that you will be taking things further and that you are not happy. Keep a log of what is said between you, what offer's are made to you and well... everything, keep emails where available from them and your replies, it could prove invaluble should the car never be right again!

 

I guess you are talking about a mazda 6 with a diesel engine, 2.0 or 2.2? They are renowned for fuel entering the engine oil and making it so thin that it writes the whole engine off due to the chain tensioner being kept 'taught' by oil pressure, especially as it starts making noises after the EML has come on. They need regular oil changes and/or oil sucking out of the engine as it will fill up the sump and then worst case, hydraulic the whole engine, nackered!

 

Do some research and sack it off if you aren't happy with it. Don't let the dealer force you into anything, it's your money and the car you bought wasn't fit for purpose, 2 or 3 weeks is not fit for purpose!

 

Hope this helps a bit, I am in no way a legal eagle but through working in the industry for many years these kinds of things have been asked before and these steps normally sort things out. Good luck mate!

[hebdenwill]

Ok thanks guys!! that's a lot of reassurance, I'll stick to my guns!

 

It's actually a petrol engine! one thing i'm going to say is that for the camchain to have stopped working right, something else has to have gone wrong, and I don't have confidence in the car

[WIG]

11 hours ago, hebdenwill said:

Ok thanks guys!! that's a lot of reassurance, I'll stick to my guns!

 

It's actually a petrol engine! one thing i'm going to say is that for the camchain to have stopped working right, something else has to have gone wrong, and I don't have confidence in the car

yes, I wouldn't  trust it, just do what you can to get your cash back! Let us know the outcome.

[hebdenwill]

Cheers, I will do! I think he's going to try and find me something similar to offer me instead. Unless it seems exactly right for me (not likely) I'll politely decline and say I'd rather make my own decision as to where the money was going 

[hebdenwill]

well, it's a week later and things aren't going anywhere. 

 

After successfully managing to speak to him just twice in a whole week, he said he'd contact a dealer elsewhere to enquire about a car I said I'd accept instead, a nice fabia estate. He also offered me a fiesta (don't want that). He's now not returning my calls or texts. 

 

How long should I reasonably be expected to wait, without my car, without the offer of a courtesy car, paying tax and insurance on a car I can't use? Is there an agreed timeframe for dealers to sort this kind of thing out? Why is he not busting a ******* to try and find me some sort of acceptable solution? 

 

I'm going to drop in tomorrow after retrieving my things from the car and to try and catch him to extricate a refund. This is really annoying me now. 

[MarkyG82]

My argument woulkd also be that a fabia (even an estate) is not comparable to a mazda 6.  They are world apart in terms of size and performance.  If you are happy with it then that is ok but I think you are doing the right thing in requesting a refund.

[hebdenwill]

Yeah, you're right, but I just want to go back to the Skoda fold of reliability. I only suggested it to try and do him a favour and get something sorted quicker anyway.

 

Spoke to their garage, who have lost the keys to the car (excellent), the guy was very apologetic and said he was trying to distance himself from this dealer. Also said the car needs a new engine as the timing chain has slipped and there's a low end rumble. 

 

At this point I'm thinking I'll send a recorded letter stating my rights and asking for a refund, plus half the cost of what I spent on the new tyres. 

[PipH]

Have a look at this link :- https://www.citizensadvice.org.uk/consumer/buying-or-repairing-a-car/problems-with-a-used-car/

 

If you send him a recorded letter, it needs to be a " letter before action ". ( there will be templates on the net for this )

 

But in doing so, you need to be prepared to take out a " small claims action " if he still does nothing to resolve the issue.

This will cost you around £150 & await a court date.

 

All that time your money is tied up in a faulty car, & when you win your case you then have to hope he has money to pay you. ( Can't get blood out of a stone, as the saying goes )

 

It's much better if you can work with the dealer to come to a deal you are both happy with.

[hebdenwill]

well folks, I sent a letter reminding him of my rights..and he's agreed to a full refund, which I'm going in for tomorrow.

 

I'm lining up this as a potential replacement! looks a nice low mileage (for a tdi!) motor, one owner so probably good service history, if I can knock off a couple hundred to get the cambelt done I'll be laughing!

 

https://www.woodsidecarsales.co.uk/used-cars/skoda-octavia-1-9-tdi-pd-elegance-5dr-huddersfield-202008142483502?at_source=autotrader&at_medium=mobile-web&at_campaign=website-visit

 

A big plus is that this dealer seems to be well reviewed, and is closer by

[MarkyG82]

Good result and nice replacement.  I had a 54 plate in the same spec and it went to 170k.  Bought at 68k and remapped around 120k.  I do miss it as it was a much more solid build than the mk3 I have now.