I bought a used car that broke down after three days - am I entitled to a refund? | Ask Honest John

I bought a used car that broke down after three days - am I entitled to a refund?

I’ve just purchased a second-hand car from a garage that has broken down and is displaying engine malfunctions within three days of purchase. I called breakdown recovery who confirmed that an injector had completely gone and would need replacing, along with other engine faults. The breakdown mechanic was unable to run a diagnostic test due to the fact that the fuse which powers the diagnostics and alarms had been removed from the car. The mechanic had to put his own fuse in to run the diagnostic test. The seller claimed there were no issues with the car when I agreed to buy it. This is a huge red flag and not a car I want to be committing to. Am I entitled to a full refund? I’d like to get some advice on the best way to proceed? The issues with this car have inadvertently cost me money: parking permits, road tax, breakdown recovery, I’ve missed 2 days of work. Are there any grounds to claim back any financial costs from the garage?

Asked on 6 February 2019 by James Moran

Answered by Honest John

In theory, yes, you are entitled to a full and immediate refund. But this is a civil, not a criminal matter, you cannot involve the police and you may need to take the matter to Small Claims to assert your right. Depending on this dealer, even if you get a judgement against then, they may try to find ways to avoid paying. So when you get a judgement against them, make sure you also pay extra for a High Court Sheriff's Enforcement Order. See: www.honestjohn.co.uk/faq/consumer-rights/

Tags: consumer rights dealers small claims court returning a car legal rights

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