I bought a unsatisfactory, faulty car and the dealer won't give a full refund. What next?

I bought a 2006 BMW E46 2.0-litre diesel convertible on 13 May for £2700. It'd done 105,000 miles. I bought it in Birmingham, I live in Shropshire. On the drive home, it was clear that between 1200 and 2000rpm, cruising in fourth, fifth and sixth gear, the engine misfires. I phoned the dealer and they agreed to inspect it when I was next in Birmingham, which was 26 May. They claimed to have found no fault. Back to Shropshire, still misfiring. I was unable to return to Birmingham until 14 July. When the dealer inspected the car again, they diagnosed new glowplugs and EGR valve needed. Work done, they charged for parts only at £261. Back to Shropshire and the misfire persists. I phoned and said enough is enough so asked for a refund. They're offering £1500. What should I do? Thanks in advance.

Asked on 16 July 2021 by John Eden

Answered by Dan Powell

I think you need to put it plainly to the dealer that the car is not of satisfactory quality and their offer of £1500 is unacceptable, given that you've already forked out £261 to fix a problem they should have addressed before selling the car. I think the 2015 Consumer Rights Act will work in your favour if you need to seek professional legal advice, but it's always better to try and find a resolution with the dealer in the first instance. Legal action can be costly and lengthy - it should always be your last resort.

The dealer is entitled to make a fair deduction for the usage you've already had from the car. Most dealers weigh this against the HMRC business rate of 45p per mile. But I would argue that 45p would be unfair on a car that's 16+ years old and a rate of 25p per mile would be fairer. The dealer should also factor £261 into that equation.

For your legal rights, see: www.honestjohn.co.uk/problems-with-a-new-or-used-c...s

Tags: consumer rights engine misfire dealers used cars refund consumer advice

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