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Legal matters

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Original poster

Used car - faults.

20 replies

sleepevader · 04/09/2011 17:28

We brought a used car from a dealer on 20th August. Within a mile or two there was a noise on slight braking that was a grinding noise and a slight judder. We turned around a returned it to the dealer. This noise wasnt audiable on the test drive nor when the salesman drove the car.

The noise continued and we rang the dealer later that day and it was agreed we could return the car on the monday for the attached service dept to look at it and do any work. They cleaned up brakes and lubricated them and the noise couldnt be heard again. They also replaced a window switch.

They had the car two days and when it was returned we had a low oil level warning and the fan kicked in. This was reported to the salesman within two days who tried to say normal for this model. A week after we had the car back I phoned back and said no not acceptable- you can have it back in to do work. Its not normal. Car booked in for tomorrow.

I have said that although its covered under a seperate warranty I am not claiming under that as I expect them to fix these problems. So far they have agreed to do work. Warranty is limited to £500 per part and all claims up to value of car

Today we have noticed a problem with the indicator stalks. Circa £200 part to fix.

I now feel I need to put these problems in writing to them explaining that I want the faults recified and the work guarnateed so I have some come back if they reoccur. I think the brakes are an ABS fault and the sensors either need replacing or cleaning. I reckon they will try the cheap fix first and I want assurance that if this doesnt resolve it they will have it back to do it properly if this doesnt work.

Im also aware that Im running out of time to reject car if necessary.

Anyone have any advice or help with a letter for me? Im stressed, 32 wks pregnant and have very little money left in savings after this purchase so cant afford to be stuck with a car thats going to cost money all the time!

Thanks

OP posts:

HarrietJones · 04/09/2011 18:20

We had similar last year but we had left it too late to change it without a big fight & I CBA. Think everything is fixed now after a huge service.

I spoke to consumer direct who were v helpful. Look them up

Original poster

sleepevader · 04/09/2011 18:30

Thank you. I have already had a look but think I will call them tomorrow too.

OP posts:

HarrietJones · 04/09/2011 18:32

I called them. V helpful & they link into trading standards too if needed

ragged · 04/09/2011 18:34

Call Trading Standards, ASAP. Your rights extend way beyond the Dealer's warranty, do not be fobbed off by anything to do with that. Do not accept any more fixes that Dealer may propose before you talk to Trading Standards (if you accept compensation from the dealer you will negate your ability to get your money back later). Speaking with bitter experience.

More about your rights.

ragged · 04/09/2011 18:34

Actually, if car booked in for tomorrow I would go ahead & take it in, but ring Trading Standards while it's there.

Original poster

sleepevader · 04/09/2011 18:39

Harriet- glad you got yours sorted in the end. A reliable car is so important these days.

Ragged - think our consumer direct is the voice trading standards. Remember they collated info from a previous query and forwarded it to them.

We will take car in and ask them to do the work as its already been a while getting it booked in. No courtesy car available so as well as extra petrol for two cars my partner will be late into work again.

I just want them to be aware that I am not going to allow them to do cheap fixes and if these faults arent recifified ot reoccur I will be looking for them to sort.

If they cant do that then I want to reject the car and cut my losses.

OP posts:

fivegomadindorset · 04/09/2011 18:41

Trading standards an then small claim court.

HarrietJones · 04/09/2011 18:50

We had the problem of no courtesy car.

A1980 · 04/09/2011 22:32

Actually, from a legal persepctive you don;t have an awful lot of rights regarding a used car where a lesser standard is expected as opposed to a new car.

You can only reject the car if every attempt at repair fails.

Original poster

sleepevader · 04/09/2011 22:58

A1980 do you know if I give them the opportunity to fix these faults and it doesn't work whether I have the right to a second opinion.

Fan has kicked in twice now tonight after two 3 mile journeys.

It's getting worse.

OP posts:

prh47bridge · 05/09/2011 00:14

A1980 is wrong. As you bought the car from a dealer you have your full Sale of Goods Act rights including the right to reject the car. That right exists from the moment you buy the car. It does not only kick in if every attempt at repair fails as A1980 thinks. Indeed, if you wait that long you may lose the right to reject the car.

When you buy a second hand car from a dealer it must:

be of satisfactory quality taking into account its age and mileage
match any description that was given
be fit for purpose, which means it must be able to get you from A to B safely

You have the right to reject the car if it fails to meet the above tests provided you do so within a reasonable time. There is no clear definition of what is meant by a reasonable time. You may only have a few weeks to reject the car, less if the fault was obvious. As you have only had the car 3 weeks you may still be able to reject it provided you get on and do so now. If you reject the car you must stop using it straight away, even if the dealer refuses to accept that you can reject it.

If you don't want to reject the car or you wait until it is too late to reject it you can ask for a repair or replacement. If they refuse you can:

get the car fixed elsewhere and claim the costs from the dealer
claim a reduction from the purchase price
return the car and get your money back less a deduction for the use you have had

If you paid more than £5,000 you may want to see a solicitor before you act as legal action could be time consuming and expensive. However, if you paid less than that it will be a small claim so you will be able to handle any legal action yourself.

If you paid by credit card or took out a loan through the dealer the credit provider is also liable for any problems with the car so you can claim through them. You should also check to see if the dealer is a member of any trade association as they may also be able to help.

If there is a dispute about whether or not the car is of satisfactory quality you are perfectly entitled to get an independent opinion which you can then use as evidence if it goes to court.

ragged · 05/09/2011 12:25

Good post, prh47.

Original poster

sleepevader · 05/09/2011 20:33

Excellent post thank you. It's with garage at moment. They weren't very forthcoming.

Rejecting car would leave us in a terrible situation. Any idea of how long small claims court could take?

OP posts:

prh47bridge · 05/09/2011 23:18

You have to try and settle before starting proceedings. If that fails it depends on whether or not the dealer files a defence and, if they do, the court's workload.

Graciescotland · 05/09/2011 23:25

We put a claim through small claims court, it was very quick, whole process took six weeks.

flack · 06/09/2011 03:16

That's weird, we went thru small claims and it took 7 months.
Better to reject the vehicle than keep a lemon.
I wish that we had rejected ours.

fivegomadindorset · 06/09/2011 07:35

We have just put a claim in, defendants have until 18th September to respond. This is to do with a car aswell. We were told that we had a warranty but when the transfer box went 4 weeks after we picked it up we were told that the warranty didn't exist, we took car to an indpendent Land Rover specialist who flagged up other major problems which in his opinion made the car dangerous and unroadworthy, dealers said that as a good will gesture they would give us £500. £2100 later the car is now safe. We gave them ample opportunity in a letter and time to respond before we took this route but haven't heard a thing., The engine is also not the one that is on the log book. So we will see.

prh47bridge · 06/09/2011 10:47

flack - I presume the other side didn't file a defence in Graciescotland's case which is why it was so much quicker than yours.

fivegomadindorset - I would be very tempted to report the dealer in your case to trading standards. They sold you a vehicle that was unroadworthy and made a false claim (the non-existent warranty). Their response has been totally inadequate.

fivegomadindorset · 06/09/2011 12:49

They have been reported prh they gave us some very good advice on how to word the letter that was sent. NOw it is a waiting game, I am guessing they will ignore it and then it will be dragged out.

Graciescotland · 06/09/2011 23:24

That's right PRH but I think my (former) local small claims court is generally very quick. Although everyone seems to settle five minutes before the hearing, which is perhaps why it's so fast?

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