Whilst many cases are very "grey" with faults after purchase with used cars, in this case I do not think a headgasket failure on a £9k car immediately after purchase is in anyway acceptable.

The seller is indeed able to choose whether to repair or refund and if they choose to repair they are within their rights but it has to be done in a "reasonable" time.

As to the fault, there are Amazonian tribes who have never seen a car which, if you said to them "losing coolant and loads of steam coming out the back" would say "95% it is the headgasket" so it doesn't say much for their car knowledge if they didn't suspect what it was immediately.

The problem with the legal route is that if they are totally unco-operative then it could easily take 6-8 months for any legal action to take place and at the moment it does at least seem as if they are doing something, albeit slowly.

Keep pressuring them to fix it quickly and properly and make it clear if they don't you will take further action but do it calmly.

Unless it is an "exotic" version (V8 engine or something) I can't imagine why a headgasket is such a challenge unless it has damaged the block. If it is a regular 4 cylinder model I doubt it is an uncommon engine or car.

Edited by pd on 13/08/2015 at 12:10

Visa Debit won't be able help you, as it isn't a Credit card, so doesn't come under S.75 of the Consumer Credit Act.

As both myself and PD have pointed out to you, it is the garage's choice, NOT yours, as to whether they repair or refund. You can, in your own words, "want a full refund", or "just want your money back", all you like. They can turn around and say "Tough, we're going to fix it and give it back". Note, myself and PD are neutral parties.

You have pointed out that citizens advice have "logged your complaint". If they felt your grounds were stronger, they would have taken it further, or expressed a more definitive position. So they feel your position is weak - and they are a neutral party.

The only person who is telling you you can go for a refund, or rather that you have "grounds for success" in going for a refund. However, that will involve you racking up legal bills. So he thinks you've got strong grounds, but he is NOT a neutral party.

You seem to have decided that you want a refund, and anyone who tells you that you aren't entitled to one is wrong. The solicitor (who is going to earn a healthy sum off you at the rate you are going) is the only one telling you a refund is on the cards, and he is telling you what you want to hear, or you are hearing what you want to hear, and quite possibly not hearing the 'but maybes' involved.

If you are adamant that you are going to go for a rejection / refund, then you cannot use the car again, even if/when fixed. Using it will indicate acceptance of the repair, and would weaken your rejection. The case would take months (quite possibly well into next year) to come to court, and if it was in the Small Claims Court, costs cannot be awarded against the garage. So you would, IF (note that word) you won, still have all your legal costs to pay, plus would need to provide alternate transport (at your own cost) for those months. If the garage was able to repair the car, and show such to the court, and you lost the case, then you would have those costs AND the sale of the car would stand. Either way, you're going to be out of pocket to a large extent if you take this to court.

In my first reply to you, I made certain suggestions regarding speaking to the garage, asking for a timescale, getting a friend to speak on your behalf, etc. You seem to have ignored those suggestions.

Just because someone agrees with you, doesn't mean they are your friend. Your solicitor agrees with you. Ask yourself why, and be a cynic.

Just because some people disagree with you, doesn't mean they are your enemy. They might just be your friends, or at least trying to help you out, before you dig yourself into a hole.