Have I bought a lemon?

Having been impressed by my husband's i20 I test drove (twice) a used Hyundai ix20 1.4 CDTi Style on 15 October 2012 as I was looking for a suitable replacement for an 8 year old Vauxhall Meriva.

After paying the deposit I rang the salesman to confirm that the remainder of the 5 year warranty would be included (it was) and to say I'd read about the non-VOSA recall on this model to check sticking brake calipers and his words were "it's been sorted".

I took delivery on 23 October 2012 and after just 5 hours of ownership found myself unable to refuel the car as the fuel filler flap release catch failed to operate, the trip computer was saying 48 miles before the next fill and I was 11 miles from home and a further 32 miles from the dealership and it was 7 p.m. so I called the RAC.

I know I should have been suspicious sooner when an alleged "just come in" car appeared to have done less than 30 miles in the 6 months since its 1st service. I asked about this when I took the car back on 26 October for the fault to be investigated and alarm bells should have sounded even louder when the receptionist reeled off a list of around 9 or 10 dates and mileages (starting at 1000 then 3000, 4000, 9000 etc.) when the car had been in their workshop. I then said "so the car hadn't 'just come in' but had been around for a while" she read out two more dates allegedly after April 2012.

After a long wait I was told the release cable was kinked and the part was on back order with a 2 week wait. A courtesy car was offered but when I said I wanted to take the car home the suggested options were to remove the flap or to slacken the catch and tape up the flap. I rejected both but (without my asking) a very sensible and competent mechanic rigged up a means of operating the flap from inside the boot using the remains of the now cut and taped cable projecting from the removed boot light aperture.

My suspicions now fully aroused and with the V5 in my possession I wrote to the previous owner to ask if she'd had any problems with the car and to get an understanding of the number of trips back to the garage. She telephoned on receipt of my letter to say there had been repeated problems with the offside rear brake seizing on to the point that the wheel was red hot after a journey. The car had been back several times and she found the dealership very unhelpful, saying it was due to her making lots of short trips (she is a care worker) Eventually in despair and getting rude reactions from Head Office she sought advice from Trading Standards.

At the first service, which the dealership delayed without reason, the owner was at her wits end and threatened to write to the Press about the poor service she had received. The dealership offered her a new car in April 2012 and when she asked what would happen to her old one (now mine) was told it would be taken away on a lorry. During my test drive I did ask why such a good car would be traded in so early and was told many of their customers trade in after just a year (again I should have been more alert) and that this car had belonged to "an elderly lady from Kendal" so I pointed out that it seemed unlikely that an elderly lady would have driven over 13000 miles in 18 months. The 'elderly lady' turns out to be 9 years younger than me at a mere 52!

I am now very concerned that I have bought a lemon and would be grateful for your advice as to whether I can return the car in view of how I have been misled/lied to about its true history.

Asked on 1 November 2012 by Ruetheday

Answered by Honest John
Yes, I think you are within your rights to reject the car because it is obviously faulty and the dealer withheld vital information about it. www.honestjohn.co.uk/faq/consumer-rights/
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