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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To try and fight for a refund for my car? Or am I as unreasonable as the dealer says I am?

90 replies

OHforDUCKScake · 23/09/2013 16:22

Got a skoda with 6 months 'warranty'. I say 'warranty' because he wrote in his hand writing '6 months warranty' and I wonder if its worth nothing.

As soon as I get it, there are faults. Major problems with the central locking and lights coming up on the dash.

They (the car dealer and his tosser mechanic) tell me non stop that the locking system is 'just VW and normal' and the light coming on is nothing to worry about ans switch it off.

Ive also had problems with the seat belt and hand break.

I finally persuaded them to look for a fault in the door with the central locking, and by jove they found the fault. Like I kept saying, it WAS a fault and not normal.

Today it went in again with the light on, I begged them to not just switch it off. My 'warranty' runs out in 6 weeks. The light takes about 6 weeks until it comes on again.

So now Ive been given a choice, the dealer says he will swap the car for another. But in the same breath says all his cars have lights coming up on them, and they are all fine. And he'll have no problem selling my car with the light coming on. Hmm

I could take it to a Skoda dealer, but cant do so untilthe light comes on again by which time my warranty has gone.

I want a refund. He told me in a threatening tone that I 'dont want to do that. You will be fighting me for 18 months.'

Will I? Is the warranty bs?

Have I just bought 2.1k of faulty crap?

What do I do?

I found this scroll to the bottom for the bit about warranty

OP posts:
WMittens · 23/09/2013 20:28

But in the same breath says all his cars have lights coming up on them, and they are all fine. And he'll have no problem selling my car with the light coming on.

Ha, the old "TADTS" - they all do that, sir (or ma'am).

If he has no problem selling them on, they he should have no problem taking the car back and refunding your money.

Any telltale light that stays illuminated after normal start up processes is an MOT fail.

Caveat emptor, if someone who knows what they're getting into buys a car with a christmas tree dashboard, that's their prerogative, but for someone just looking a trouble-free runabout should run a mile.

MaidOfStars · 23/09/2013 22:38

OP, have you searched for a car forum for the appropriate make/model? It will be full of people who can advise on faults to ignore (or cheaply fix yourself) .v. faults that need sorting by a garage. They fall over each other to display knowledge! You may also get linked to a reliable independent mechanic, rather than a main dealer.

Standautocorrected · 23/09/2013 22:43

Your experience sounds like a situation my friend found herself in. Is this individual based in the NorthWest?

OHforDUCKScake · 24/09/2013 11:31

The plot thickens....

I just went to get the receipt and warranty out of the Skoda hand book and waddaya know? Its not there. The bastard never put it in.

I have no proof of purchase and he insisted I pay cash.

My mum reckons he hasnt paid tax, and I will be taking him the a small claims court, if he takes 18 months so be it.

I will walk places. Ive done it before, I'll do it again.

OP posts:
Pigsmummy · 24/09/2013 11:52

I can probably going to annoy some people with this response but.....for a quiet life could you take a look at what car he will exchange it for? With another six month warrenty on? Could you ask for a couple of test drives and get someone in the know to look over another car?

It's not the best way of doing it, i.e. You could go legal etcetera but that will take time and potentially leave you without a car. Suggest that he gives you the best car that he can so you don't have to keep badgering him during the six months warrenty period? He won't have enjoyed these interactions and would likely wish to avoid another six months of it with another car.

You can still contact trading standards about original dissatisfaction (once new car is sorted).

Mandy21 · 24/09/2013 12:06

Two things - just because its not a new car, you are still within your rights to have a roadworthy, reliable car - couldn't disagree more with people who say just because you paid £2.1k, you should be expecting faults - rubbish. If you bought knowing it had faults, or didn't check, thats different.

Secondly, as a previous poster has said, the rules changed in February and any light coming on the dashboard when you switch the engine on, which don't go out, are now an automatic fail. This is exactly what our car had (had had the same light flashing for 2 years - always assured it was not an issue, passed 2 previous MOTs - but it failed its MOT in August this year precisely because of this). So if it had a light flashing on the dashboard (and subject to whether this was flashing when you test drove the car) it wasn't roadworthy.

I'd threaten the dealer with the small claims court. Get an independent report and present him with all the evidence.

On a practical note, if you can find out the fault code, there are lots of people on the internet who will suggest reasons and solutions.

TheGinLushMinion · 24/09/2013 12:07

I'd 2nd the suggestion to check out an owners forum-they really are a mine of info-especially with regards to known faults.

OHforDUCKScake · 24/09/2013 12:07

Pigsmummy I fully intended on doing that yesterday. I went along and looked at some cars. But he told me loads of his cars have lights coming on. I asked him if I got another car from him, that would have lights on?

He nodded and said yes.

Why would I swap my car with issues, for a car with issues? Ive had to take my car back to him 6-7 times in 5 months. Id be starting that all over again...
It doesnt seem at all logical to me.

OP posts:
OHforDUCKScake · 24/09/2013 12:08

Ive aleady posted on the Skoda forum.

OP posts:
OHforDUCKScake · 24/09/2013 12:10

Thanks, I have the fault code. Put it on the skoda website and it can mean 1 of 8 things. Would cost me a lot if money figuring out which and he isnt willing to do it.

OP posts:
AKAK81 · 24/09/2013 12:24

It's a £2.1k car from a dealer so in reality is worth less than 1.5k it's basically banger money and at that price range the average person would expect some minor faults. If something fundamental happened to the car like complete engine or gearbox failure then you might get somewhere but not minor faults such as the ones you have. If you'd paid 10k for it and had the same issues then you could reasonably expect them to be fixed. I doubt very much (and indeed hope) that you do not get anywhere with the small claims court as it is totally unreasonable to buy a banger and expect a faultless car. This has been covered time and again over on Pistonheads. You'd be better off finding a friendly local Skoda specialist or a mechanically minded friend who has a code reader to have a look at it. If you can fix it fairly cheaply then you may be able to approach the seller and ask nicely for a contribution.

CostaLady · 24/09/2013 12:44

Something pretty much identical happened to a relative of DP's, OP and to cut a long story short she took the garage to the small claims court who ruled in her favour. Company didn't pay up so she used the High Court Enforcement officers to enforce the debt. High court sheriffs are allowed to gain entry to commercial premises and remove goods belonging to the business and the owner paid up pretty damn quick.

Hope you get a swift resolution to your problem.

CostaLady · 24/09/2013 12:45

Sorry, it wasn't because of the lights, it was central lockihg and brakes.

OHforDUCKScake · 24/09/2013 12:48

You know the light that comes on is minor? I dont and yesterday the dealer said it could cost £1100 to fix. That may be minor to some but its not to me

OP posts:
OHforDUCKScake · 24/09/2013 12:52

Thanks Costa.

OP posts:
SkodaLabia · 24/09/2013 12:58

I had two cars like this. The engine management light unfortunately can mean lots of different things. Is there anyone you can take it to who can at least eliminate some of these things for you? Starting with the cheapest?

My understanding when buying a second hand car is that it's buyer beware, and the warranty covers stuff that isn't wear and tear, so for example you'd be covered for a new gearbox or engine, but not exhaust or brake pads.

I'm sorry to say that the two cars we had with recurrent engine light issues never got fixed, one got scrapped (that was flagging and losing power like you describe) and we sold the other on to a dealer.

Is it a diesel?

AKAK81 · 24/09/2013 12:59

At that price the car is near the end of its life. It could reasonably be expected to last for several months without major failure. A cheap used car does not have to be completely fault free to be of satisfactory quality. Basically it still runs and drives so I doubt you'll get anywhere. You'll be doing well if it lasts you for 12 months.

picklebumplum · 24/09/2013 14:05

What a bastard..

I would take the car, park it and block the entrance of his garage on the road not on his property then sit there all day and every single person that came to the garage I would tell them the problems I was having...

I would do it every single day until I got my money back..

I would also pay the local rag for an advert about how shite he is.

I feel for you. If it was me in that position I could lose my job as I need my car for work.

picklebumplum · 24/09/2013 14:07

P.s

I brought a car for £900 which is a 2001 and have had maybe 2 issues with it if something was wrong when I brought it I would take it back without doubt.

For £2100 I would be furious, that is not a car at the end of its life.

In future when buying a car..

Go for a private sale, preferably from an elderly couple or middle age family. Ask a local independent mechanic to check it over before purchase.

OHforDUCKScake · 24/09/2013 14:31

A car that price is at the end of its life

Good lord how do you think those on the poverty line own cars? You think they all cost £8000+? They dont. You think a 10 year old car is at the end of its life? It isnt if you purchase one which is known for lasting? Mine is, Ive just had bad luck.

It should have had several years left in it considering it had only one previous owner, full service history etc. again its just bad luck. I did my home work on these types of cars.

Genuine question, when you first started driving did you not start off with cheaper older cars? Or have you always been financially well off enough to buy younger cars?

OP posts:
AKAK81 · 24/09/2013 15:18

No I run a 16 year old car through choice as I'm capable of repairing and maintaining it myself although that is still a costly exercise. A 2.1k car from a dealer is actually barely worth 1.5k and is one step up from scrap territory and there almost certainly will be minor issues with it. A privately bought 2.1k one owner car from a little old lady could be a great buy but still has the potential for big bills. It amazes me when people buy bangers and then expect the earth - if its 15% of it's original price then expect it to be 85% worn out, anything more is a bonus. Manufacturers seem to be building cars with a shorter life span these days - an 8 year old car could quite easily be uneconomical to repair due to an ancillary failure when in fact it runs and drives fine especially when you take into account the latest MOT rules around warning lights etc.

picklebumplum · 24/09/2013 15:25

A banger is a £500 car...

2.1k is a car I would expect to have zero problems with when buying it.

AKAK81 · 24/09/2013 15:34

Then you would have unreasonable expectations. I'd expect it to be generally sound with a few niggles and the odd cosmetic blemish.

OHforDUCKScake · 24/09/2013 15:43

It has had a few niggles which Ive had no problem accepting/fixing.

But an engine light continually coming on and the dealer telling me that it could be a fault that costs him £1100 to fix, is basically the car written off.

OP posts:
AKAK81 · 24/09/2013 15:56

But you say its not a problem all of the time so mostly it drives ok. Its not a new or a nearly new car but you seem to expect it to perform like one. Car ownership is costly - you either buy new and pay for the depreciation or buy old and pay to repair it with a mixture of the two in between.

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