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Original poster

Sold a faulty car HELP ME!

64 replies

KellyHJ · 11/04/2024 11:21

Long story short (not really short!)

I purchased a car from a local garage for £3400 November 23. The car came with 3 months AA lite warranty. From the very start, I could smell burning coming from the car after it had been running for a while. Along with this, a very loud humming noise was coming from the engine area, and the heating failed to work. I put a claim in with the AA in Feb, which I understand is longer than I should have waited but my partner had advised that maybe the smell of burning was due to the car sitting around in their garage for a while and just needed a good run around, and well.. life! I have a 6 year old and a 5 month old at the time and life just got in my way.
Anyway, the car got booked in with a local garage recommended by the AA, who confirmed that there was indeed faults with the car - leaking thermostat and then water pump was not circulating hence the smell of burning, loud noise and lack of heating. The AA agreed to partially cover the costs of fixing these which I was happy with, and the work, I was told, would be done the same day.
Upon further inspection, they found that there was sever rusting on the head gasket, cylinder head from the leak which they said had been leaking for quite some time due to how bad the corrosion was, and that they couldn't carry out the work as they couldn't get to the parts they needed to fix due to the rust and corrosion and that a new head gasket would be required. The AA were not willing to cover with so the garage sent me a personal quote which totalled just over £1532 ALONE!
I felt that I shouldn't have to pay that as the works alone on the car due to the faults totalled around £2000 which is almost as much as I purchased the car for and it was evident I was sold a faulty car, which the garage agreed with, and kindly wrote me up a report stating all of the faults and that it had been leaking for some time which indicates it would have been faulty upon purchase. Additionally, they sent me a photo of the corroded area to show how bad it was.

After back and forth from the garage I purchased the car from, they are not willing to take ANY responsibility for this and kept stressing I should have taken it back to them (although I followed the AA warranty that they had explained to me upon sale if there were to be any problems and that if there was a fault with the car upon purchase then I wouldn't have been able to drive the car away from them.

I told them I would be going through a small claims court. I have also been in contact with a motor ombudsman but they are unable to help as the garage is not accredited to them.

A few people said I may be wasting my time and money taking them to a small claims as even if I win, they might not pay, which I will then have to escalate it, costing me more money etc.

It is so upsetting as my car has been in the garage for over 1 month now, I have 2 children, and this has happened to other customers from reading the sales garage reviews ( 2 of which were to do with problems with the head gasket) and they are obviously just getting away with selling faulty cars to people and not taking any accountability.

Can anyone please advise? It is really affecting my mental health due to the time its been dragging on for and I just don't know where or who to turn too.

Thanks in advance!

Hannah

OP posts:
LemonFawn · 11/04/2024 11:24

so they’ve declined because you were past the 3 month warranty period?

LemonFawn · 11/04/2024 11:25

I have a 6 year old and a 5 month old at the time and life just got in my way.

and yet you waited 3 months driving a car smelling burning

LemonFawn · 11/04/2024 11:26

and the heating didn’t work
and a strange humming sound

OP, seriously?! you don’t have a leg to stand on

WarshipRocinante · 11/04/2024 11:28

You kept driving it and sounds like it was out of warranty when you took it in. You’re not getting anything more from them.

WarshipRocinante · 11/04/2024 11:29

They’ll also argue that you made it worse by continuing to drive it around instead of seeing to the faults when they were first noticed.

Original poster
KellyHJ · 11/04/2024 14:34

Thanks for your response. When I made the claim it was still well within its warranty period otherwise I wouldn’t be wasting my time or others involved. The car was about 2 months before I put in a claim. My partner has a car so had been using his for the children and mostly our journeys too.

OP posts:
Youdontknowmedoyou · 11/04/2024 14:39

We had similar from a garage in Peterborough.
The garage was also doing its own MOTs.

ParsonsPont · 11/04/2024 15:52

You knew the car was faulty but carried on driving it.

You’re going to have to prove the fault was there when you bought it and that you driving the vehicle despite knowing it wasn’t right didn’t exacerbate the situation.

LemonFawn · 11/04/2024 15:53

KellyHJ · 11/04/2024 14:34

Thanks for your response. When I made the claim it was still well within its warranty period otherwise I wouldn’t be wasting my time or others involved. The car was about 2 months before I put in a claim. My partner has a car so had been using his for the children and mostly our journeys too.

what the dates because november and february at face value… is 3 months

LemonFawn · 11/04/2024 15:54

op i wouldn’t waste another second on this
you really don’t have a leg to stand on

LemonFawn · 11/04/2024 15:55

from the outset you knew no heating, a strange noise and a smell of burning

you carried on regardless

it damaged your car

ShortLivedComment · 11/04/2024 16:05

OP, please don't listen to posters who who don't know what they are talking about. You do have a leg to stand on. It might not be an easy case but I think it's worth trying.
You need to prove the car was defective when you bought it. It sounds like that will be possible. The 3 month warrenty period is irrelevant. That's separate to your rights under the Consumer Rights Act. The car should be of satisfactory quality (for its age and mileage) and yours isn't.
You are going to have to argue with them over the fact you've taken it to the AA but you should be ok.
Read up on this and maybe contact your local trading standards. Are you a member of which! They might help.

Also, how did you pay for the car? If it was by credit card you may be able to get a s75 refund. I think you might be out of date if you want to dispute it because you used a debit card.

Best advice though is not to listen to people who talk bollox on Mumsnet 😅

Good luck

5YearsLeft · 11/04/2024 16:09

It sounds like maybe @ShortLivedComment has some ideas. I had also assumed two things differently than previous posters, so I may be wrong. If these are true, maybe small claims is worth it. IF THEY ARE NOT, then maybe previous posters are right about not having a leg to stand on. Or maybe you can check @ShortLivedComment’s ideas.

  1. That OP knows her dates and must have taken it to the garage within the three-month period, though I admit she would have been cutting it very close and left no time for additional repairs (I hope this wasn’t the issue with “getting the parts,” OP - that it would have taken longer than your warranty had left and that’s why they were going to charge you).
  2. That the garage supports OP and will provide documentation that the car was faulty, meaning for example that the head gasket was so rusty and corroded that it’s impossible for it to have happened in the short amount of time that OP owned the car.

But @KellyHJ , even if these are both true, previous posters are right about an uphill battle because you waited three months and because ignored problems even when driving it off the lot (that’s REALLY odd - it’s one thing for it to have no problems and you to discover many at a later date, but to know it had problems like no heating, AND the place had bad reviews… no, it doesn’t lol hopeful). I don’t know of any better way than small claims court, and even that’s not a guaranteed win. Maybe the thread will produce some other ideas. Good luck, as you sound so stressed, and I’m sure it’s awful!!

LemonFawn · 11/04/2024 16:09

ok @ShortLivedComment we will wait for an update and see who’s right… you versus AA and every other poster

LemonFawn · 11/04/2024 16:11

AA lite warranty

is light to say the least

but all very very clear in t&cs

Bumblebeeinatree · 11/04/2024 16:11

If you took it back inside the warranty you should be covered, you are not a car mechanic and assumed the burning smell was just because the car had been sitting for a while, unfamiliar car and a few odd noises, sounds like you didn't drive it very much either.

It was a mistake not to take it back to the same garage but if you did what the AA said you should do that should cover you. If the warranty is with the AA I might complain to them first, read the document carefully to see if you have met all the criteria and what you are entitled to. Escalate to a formal complaint.

LemonFawn · 11/04/2024 16:14

the op took the 3 month free statutory warranty

vehicle that is roadworthy and as advertised. The car will come with three months cover and will be free of charge. It covers a limited number of faults, mainly to do with major components. It will not cover wear and tear and will also exclude most parts.

LemonFawn · 11/04/2024 16:16

Items not covered by statutory warrantyA statutory warranty does not cover defects relating to:

  • any item listed on a defect notice with a reasonable estimate of how much it will cost to repair
  • accidental damage that occurred after delivery of the vehicle
  • damage caused by misuse or negligence by a driver after delivery of the vehicle.
ParsonsPont · 11/04/2024 16:17

ShortLivedComment · 11/04/2024 16:05

OP, please don't listen to posters who who don't know what they are talking about. You do have a leg to stand on. It might not be an easy case but I think it's worth trying.
You need to prove the car was defective when you bought it. It sounds like that will be possible. The 3 month warrenty period is irrelevant. That's separate to your rights under the Consumer Rights Act. The car should be of satisfactory quality (for its age and mileage) and yours isn't.
You are going to have to argue with them over the fact you've taken it to the AA but you should be ok.
Read up on this and maybe contact your local trading standards. Are you a member of which! They might help.

Also, how did you pay for the car? If it was by credit card you may be able to get a s75 refund. I think you might be out of date if you want to dispute it because you used a debit card.

Best advice though is not to listen to people who talk bollox on Mumsnet 😅

Good luck

I do disputes for a living. So I’m not talking “bollox” when I say OP will need to show that the defects were there when she bought it, and they weren’t made worse by her continuing to drive the car despite knowing it was faulty.

chromebook234 · 11/04/2024 16:17

Doesn't help now but for thw future never buy a car without a full AA or RAC check

muddyford · 11/04/2024 16:20

Under consumer law you have six months from purchase - any fault arising in that period is deemed to have existed when you bought the car. This regardless of the warranty. You need to get your skates on. Look at Honest John 's website.

Mrsttcno1 · 11/04/2024 16:22

Sorry OP but I also would say don’t waste anymore time on this. Because you’ve left it so long you’d have a really hard job in court proving that these issues were there when you bought the car and that you didn’t drive the car making them worse. It will cost you a lot more than £1500 and without any proof it was an issue at the time you’re very unlikely to win.

LemonFawn · 11/04/2024 16:28

ParsonsPont · 11/04/2024 16:17

I do disputes for a living. So I’m not talking “bollox” when I say OP will need to show that the defects were there when she bought it, and they weren’t made worse by her continuing to drive the car despite knowing it was faulty.

Show quote history

exactly

LemonFawn · 11/04/2024 16:30

muddyford · 11/04/2024 16:20

Under consumer law you have six months from purchase - any fault arising in that period is deemed to have existed when you bought the car. This regardless of the warranty. You need to get your skates on. Look at Honest John 's website.

they would have been prepared to pay for the damage at the point of purchase
but the op waited
and waited

so the existing problem got worse and impacted other parts of the car

so completely reasonable not to cover

ObliviousCoalmine · 11/04/2024 16:30

I know this isn't the point but...did you not test drive it or open the bonnet at all before you bought it?