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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:
TheFairyCaravan · 11/04/2024 16:32

You absolutely do have a leg to stand on but you have to be quick.

Under the Consumer Rights Act 2015 you have 6 months to reject a faulty car and in the first six months the onus is on the seller to prove that the fault wasn’t there when you bought it. You don’t have to prove that it was.

Stop driving it now. Gather as much information from the garages who have seen the damage as you can. Citizens Advice will tell you all the correct information if you contact them, too. Another thing to do, is check to see if you have legal cover with your home insurance because then you can get free legal advice.

We have not long rejected a faulty car. Believe me when I say you can absolutely send this car back but the dealer will fight tooth and nail not to have it back. It’s on them to prove it wasn’t faulty when you bought it, not for you to prove it was. That’s what the consumer rights act says.

Good luck.

LemonFawn · 11/04/2024 16:32

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?

presumably left that in hands of partner

and on the basis of this thread and his response to the burning smell… was a big mistake

LemonFawn · 11/04/2024 16:34

what people are missing is that this car is now seriously faulty as a direct result of the op waiting

had she reported the problems from the outset…. she wouldn’t be in this situation as the warranty would have kicked in

Clearinguptheclutter · 11/04/2024 16:39

You said there was a burning smell straight away. I’m not sure why you didn’t just drive it straight back to the garage.

TheFairyCaravan · 11/04/2024 16:47

LemonFawn · 11/04/2024 16:34

what people are missing is that this car is now seriously faulty as a direct result of the op waiting

had she reported the problems from the outset…. she wouldn’t be in this situation as the warranty would have kicked in

The car is seriously faulty because it was faulty when it was sold to her. That is the point.

We were sold a car for over £15k. My husband has 35yrs of engineering experience yet did not detect the major fault with it on test drive. We noticed an issue within days. The garage went against their own terms and conditions (which they’d not told us about) and didn’t have the car back for over 30 days. They couldn’t fix it, so sent it to the manufacturer who also couldn’t fix it but said it was safe to drive.

Once they’d told DH what the fault was, he refused to drive the car. Many would have because they wouldn’t have known what damage it coukd have done to the engine. Anyhow once they changed the part it still didnt fix the fault, so they wanted to do it again. We said no, and after a lot of hassle the main dealer we bought it from had it back.

The scummy bastards reduced the car to £12.5k and sold it as “a special buy” off their forecourt so some poor unsuspecting individual is driving round in a car that they know is faulty and when it goes, the engine will go bang.

LemonFawn · 11/04/2024 16:47

yes it was faulty at the point of sale and could have been repaired

but three months lapsed and it got much worse and impacted other parts

as a result of the wait

LemonFawn · 11/04/2024 16:48

Clearinguptheclutter · 11/04/2024 16:39

You said there was a burning smell straight away. I’m not sure why you didn’t just drive it straight back to the garage.

and a loud noise and the heating didn’t work

TheFairyCaravan · 11/04/2024 16:49

LemonFawn · 11/04/2024 16:47

yes it was faulty at the point of sale and could have been repaired

but three months lapsed and it got much worse and impacted other parts

as a result of the wait

It doesn’t matter.

They sold her a faulty car so she has six months to reject it. The onus is on the seller to prove that the fault wasn’t there when he sold it to her.

LemonFawn · 11/04/2024 16:50

it does

insurance … 18 years and counting

they have responsibilities
the buyer has responsibilities

the buyer failed from day 1 by not reporting

LemonFawn · 11/04/2024 16:51

TheFairyCaravan · 11/04/2024 16:49

It doesn’t matter.

They sold her a faulty car so she has six months to reject it. The onus is on the seller to prove that the fault wasn’t there when he sold it to her.

but the faulty as she drive off court would have been paid for and fixed

because of the op’s inaction this now can’t be fixed or at least not economically.

LemonFawn · 11/04/2024 16:51

op i don’t think you’ll update but honestly - you don’t have a leg to stand on

ShortLivedComment · 11/04/2024 17:03

@ParsonsPont

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

Umm I didn't say you in particular were talking bollux but some posters are. The fact the OP continued to drive the car is an added complication but it doesn't mean she doesn't have a leg to stand on.

I agree the OP will have to prove that the faults were there when she bought the car (assuming she has had it more than 6 months or, if she has had it less than six months then it's assumed the faults were there when she bought it.

Posters are talking more bollux about a 'statutory warrenty' Warranties are nothing to do with the consumer rights act. If they are offered as part of a sale then they should work as promised but they are not part of the consumer rights legislation. A seller might like you to think that he doesn't owe any responsibility after a 1 or 2 year guarantee has run out but luckily consumers are protected for much longer. It's typically 6 years depending on what's reasonable.

LemonFawn · 11/04/2024 17:04

we shall see 🤷
or rather the op will

TheFairyCaravan · 11/04/2024 17:08

LemonFawn · 11/04/2024 16:51

but the faulty as she drive off court would have been paid for and fixed

because of the op’s inaction this now can’t be fixed or at least not economically.

You’re wrong, however I’m not arguing with you anymore.

ShortLivedComment · 11/04/2024 17:12

@LemonFawn
Practically my first comment was that it wasn't going to be an easy case! I think it's worth trying. The car WAS faulty when she bought the car so rather than listen to all the posters saying that there is nothing she can do and she should kiss her £3400 goodbye and let the garage get away with fleecing her, I think it's worth her getting some PROPER (NON-BOLLUX) advice and trying to get some or all of her money back or her car repaired.

ShortLivedComment · 11/04/2024 17:22

@LemonFawn
what people are missing is that this car is now seriously faulty as a direct result of the op waiting

You've made that up though. Your imagination is running wild 😅. The OP hasn't said that driving around with the faults has made it worse.

OP, the fact you've got a report from the other garage stating the faults were definitely there when you were sold the car is excellent. That will strengthen your case a lot.

LemonFawn · 11/04/2024 17:28

ShortLivedComment · 11/04/2024 17:22

@LemonFawn
what people are missing is that this car is now seriously faulty as a direct result of the op waiting

You've made that up though. Your imagination is running wild 😅. The OP hasn't said that driving around with the faults has made it worse.

OP, the fact you've got a report from the other garage stating the faults were definitely there when you were sold the car is excellent. That will strengthen your case a lot.

i think you need to reread the op and her follow up posts

it is very clear that the delay resulted in the serious extra problems

LemonFawn · 11/04/2024 17:29

TheFairyCaravan · 11/04/2024 17:08

You’re wrong, however I’m not arguing with you anymore.

okay

but i’m not

LemonFawn · 11/04/2024 17:31

op you got a
£2k car
from an unregulated garage (any garage that chooses not to be registered with the motor ombudsman does so for a reason)
and chose to wing it with the statutory 3 month freebie
and waited until Feb to do anything about the serious faults you’d identified immediately

ShortLivedComment · 11/04/2024 17:38

@LemonFawn
i think you need to reread the op and her follow up posts
it is very clear that the delay resulted in the serious extra problems

I've read the posts but I don't see where it says that her continuing to drive the car has made the faults worse ( they might have done but it doesn't say that)
Can you highlight where you think it says that.

Also there is nothing called a 'statutory warrenty' or 'freebee' as you call it. I think you are getting confused!

ShortLivedComment · 11/04/2024 17:39

LemonFawn · 11/04/2024 17:31

op you got a
£2k car
from an unregulated garage (any garage that chooses not to be registered with the motor ombudsman does so for a reason)
and chose to wing it with the statutory 3 month freebie
and waited until Feb to do anything about the serious faults you’d identified immediately

Edited

And this is why we have that fantastic piece of legislation called the Consumer Rights Act. Otherwise all the cowboy garages could do what they liked. Now they can't.

LemonFawn · 11/04/2024 17:44

the op shall see 🤷

TankFlyBoss · 11/04/2024 17:47

Don't suppose the initials of this garage are LM are they - near slough?

ButterflyKu · 11/04/2024 18:32

@LemonFawn your comprehension skills on every single thread that you comment on, is atrocious. You have to be doing this on purpose because a lot of your posts never make sense regardless of how many times you name change