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Are we entitled to a refund?
My father recently bought a used car from Evans Halshaw. His own car broke down and he needed a car urgently as my mother is in hospital 20 miles away and my father likes to visit daily.
His own car was going to be off the road for a week being repaired, and he was sufficiently desperate to buy another car in order to solve his transport problem. When choosing the car, we stressed the urgency of our need to the salesman and it was agreed that he could collect the car on 1st July. He lives less than 3 miles from the showroom and the car broke down with a clutch or gearbox problem on the way home.
On 2nd July, Evans Halshaw took the car back for repair. On 3rd July I telephoned them and said that it was not possible for my father to be without a car, which had been promised for the 1st and we needed the car back by lunchtime, or a courtesy car or we would reject the car. I was told someone would call us back. No one did.
After lunch, I phoned again and advised that we were rejecting the car. Again was told someone would call back but no one did. On 4th July, my father's own car was repaired and now he doesn't need the new car.
On 8th July Evans H phoned to say that the car would be fixed by today. I advised that we had rejected the car, because it had effectively not been available on the day promised and we didn't want to buy a car which broke down after 2 miles. I asked for a refund.
They have refused a refund, stating that their only obligation was to repair the car, and suggesting that my father may have actually broken the car. Do we have any right to insist on a refund?
His own car was going to be off the road for a week being repaired, and he was sufficiently desperate to buy another car in order to solve his transport problem. When choosing the car, we stressed the urgency of our need to the salesman and it was agreed that he could collect the car on 1st July. He lives less than 3 miles from the showroom and the car broke down with a clutch or gearbox problem on the way home.
On 2nd July, Evans Halshaw took the car back for repair. On 3rd July I telephoned them and said that it was not possible for my father to be without a car, which had been promised for the 1st and we needed the car back by lunchtime, or a courtesy car or we would reject the car. I was told someone would call us back. No one did.
After lunch, I phoned again and advised that we were rejecting the car. Again was told someone would call back but no one did. On 4th July, my father's own car was repaired and now he doesn't need the new car.
On 8th July Evans H phoned to say that the car would be fixed by today. I advised that we had rejected the car, because it had effectively not been available on the day promised and we didn't want to buy a car which broke down after 2 miles. I asked for a refund.
They have refused a refund, stating that their only obligation was to repair the car, and suggesting that my father may have actually broken the car. Do we have any right to insist on a refund?
Asked on 12 July 2013 by Stuart Maxwell
Answered by
Honest John
The essence of the deal was that your father needed a new car immediately for immediate use. Because the new car was not available for his immediate use due to being "of unsatisfactory quality" (not working) and because a replacement was not provided he can reject the car for a full refund. Law here: www.honestjohn.co.uk/faq/consumer-rights/
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