Leaking toyota

rascal

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bought car from a dealer in Jan, went back 3 times, could not fix it. Still have not sorted a replacement, the car is now starting to smell of mould. What would you do?
 

neddy man

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Was this from a Toyota dealership? How soon after purchase was it first returned? If fairly soon after purchase tell them money back or VERY similar spec car within 7 days or local and national tv channels local and national radio , and local and national press will get all the details . ( inform them by mail and 1 day later by e-mail and telephone conversation with the head person at the dealership.
 

rascal

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It was not a Toyota dealer, they were notified in early Jan about the leaks, had it back 3 times, then in Feb said he would swap it for a different one,but so far has not.
He has had plenty of time to find another. Twice he has said will sort it, but we are still waiting
 

rascal

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Do you think it would be worth contacting trading standards? Can understand why they do not want the car back, but we do not want it either.
 

ycbm

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It would be worth raising a small claim, it costs very little and often has a wonderful effect of focusing minds. I would write a letter now sent recorded delivery that you require a resolution within 2 weeks or you will raise a small claim. Then do it if you don't get a refund, replacement, or fix of the leak.

We had a new leaky Toyota and had to force the dealer, on the third attempt, to strip down the door. It's a devil of a job and they didn't want to do it, but it fixed the issue.
.
 

Keith_Beef

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inho he's simply trying to delay you so he doesn't have to do anything by law.

see https://www.car.co.uk/car-warrantie...ties/what-is-statutory-warranty-on-a-used-car
Rascal, you don't tell us when the fault first appeared, and you've allowed the dealer to have repeated attempts at fixing the problem, so it's not quite as clear-cut as it could have been.

Relevant text from that site (my emphasis added):
If a car develops a fault within the first 30 days of purchase, it is under statutory warranty and the buyer can simply reject it and return it to the dealer for a refund.

If a fault emerges between 30 days and six months from the date of purchase, the law assumes that the fault was pre-existing and, unless the seller can prove otherwise, the vehicle is still protected by statutory warranty. Here, the seller has one chance to fix the problem. If they do not manage to do that, the buyer is entitled to a refund, which may be less than the original purchase price to account for the time during which the car has been functional.

After six months, the automatic protection of the Consumer Rights Act 2015 expires. It is up to the buyer to prove that there was a fault with the car at the time of purchase if they want to pursue a dealer for a claim to repair a fault.

Note that the statutory warranty on a used car only applies here to cars bought from a dealer. Private purchasers enjoy none of this protection and the rules for cars bought at auction will depend on the particular auction house, and whether it was online or not.
I would send a recorded delivery letter stating "under the Consumer Rights Act 2015 you have one attempt to fix the problem, which you have failed to do; therefore I am exercising my right under that act to demand a refund. If you do not make this refund before midnight Friday 21 May 2021 I shall take legal measures" and if the refund isn't forthcoming, follow ycbm's advice to pursue it through the small claims court.
 

rascal

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West Midlands
Rascal, you don't tell us when the fault first appeared, and you've allowed the dealer to have repeated attempts at fixing the problem, so it's not quite as clear-cut as it could have been.

Relevant text from that site (my emphasis added):


I would send a recorded delivery letter stating "under the Consumer Rights Act 2015 you have one attempt to fix the problem, which you have failed to do; therefore I am exercising my right under that act to demand a refund. If you do not make this refund before midnight Friday 21 May 2021 I shall take legal measures" and if the refund isn't forthcoming, follow ycbm's advice to pursue it through the small claims court.
The leak first appeared within two weeks of getting the car on January 6th, and he had it back to fix it the first time end of Jan. the second and third time in Feb, which was when he said he would swap it for a different car. We are still waiting.
 
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