Faulty car from Dealer

2

Comments

  • onomatopoeia99
    onomatopoeia99 Posts: 6,955 Forumite
    First Anniversary Name Dropper First Post
    point remains that car was less than 30 days old

    Sausage roll is the original poster ("OP") of ths topic and they have stated in the quote above that the car was less than 30 days old, which is new enough that the manufacturer would be interested in the fact the dealer is selling it in an unroadworthy condition, despite the fact it is apparently also second hand.

    The fact they also said it cost them £1300 does not mean they did not say it was almost new in a different post. Both things being true seems unlikely though.

    Something doesn't add up. Or perhaps one of you has an explanation for the quoted text above?
    Proud member of the wokerati, though I don't eat tofu.Home is where my books are.Solar PV 5.2kWp system, SE facing, >1% shading, installed March 2019.Mortgage free July 2023
  • AndyMc.....
    AndyMc..... Posts: 3,248 Forumite
    Combo Breaker First Post
    Sausage roll is the original poster ("OP") of ths topic and they have stated in the quote above that the car was less than 30 days old, which is new enough that the manufacturer would be interested in the fact the dealer is selling it in an unroadworthy condition, despite the fact it is apparently also second hand.

    The fact they also said it cost them £1300 does not mean they did not say it was almost new in a different post. Both things being true seems unlikely though.

    Something doesn't add up. Or perhaps one of you has an explanation for the quoted text above?

    Is there something wrong with your eyes?
    I've bought a 2nd hand car from a dealer...upon collecting and paying we found all brake light bulbs needed replacing,that was done at a garage before we could drive home.

    I paid and didn't worry about costs...then we found out headlights were same and needed other work to fix headlights,this was only found when we went to use it a day or two later in the evening.

    Long story short i've written a letter stating faults and quoting sales o0f goods act (letter was template) and asked for repairs to be paid for and included a receipt from Garage for works (only £130 ish) and given dealer 2 weeks to pay.

    Two weeks is up and as expected he has ignored the signed for letter...is there another template letter i can send similar to letter before action or would i already be at the LBA stage.

    Whilst its a small amount of money its still an amount i shouldn't have had to pay (car was £1300 to buy).

    Normally id have asked the dealer (located 45 miles away) to collect car and deal with it...however when its headlights i felt it wasnt safe or appropriate to use it and needed to have it fixed asap.

    Any help and advice would be very welcome.
  • stuart30
    stuart30 Posts: 499 Forumite
    Blimey guys don't want to cause arguments.

    Under Consumer Rights Act you have 30 days in which you can return a car or have repairs carried out,obviously your covered longer but this is what i was referring to when i stated less than 30 days old as in the sale was less than 30 days.

    Facade yes its true..i always assumed that it was down to the buyer to arrange for it to be taken to the dealer/second hand car salesman...However its not,its down to the seller to have it recovered at his or her cost.

    Its all on the Consumer Rights Act when googled...which i only found out about AFTER buying a car with a faulty steering rack.

    Regards the comment about its not the dealers fault i work shifts..no its not there fault,however they have a duty to sell cars that are safe and fit for purpose,they didn't and i had to fix it after collecting it..its reasonable to expect the basics like lights/brakes/steering to work.

    Appreciate all the advice/thoughts but think i need to get on google and look it up as i need to know the correct procedure rather than peoples opinions.

    Thanks for all input..its appreciated.
  • Stuart - quick question if its ok. Do you have a link to the consumer rights act info you were reading? I'm wondering if its down to the seller to recover a vehicle if you reject it within 30 days due to not as described. I.E its up to the dealer to get it back to them, or if you have to drive it back (assuming the car is roadworthy).
  • stuart30
    stuart30 Posts: 499 Forumite
    macman wrote: »
    What he said. You gave the dealer no opportunity to remedy the defect. You didn't even inform him of the faults before you arranged the repair yourself. Small claims for £130 really isn't worth your while, and I doubt you'd win it anyway.
    When was the last MOT done? Any advisories?


    Sorry just noticed you mention the MOT...hmmm.

    Did Not mention that in original post as could sound like i was moaning/complaining in general.

    MOT has been done 3 weeks before buying the car,its safe to say its not been MOT as 3 tyres were below legal limit and one had a golf ball size bulge in tyre.

    This was only picked up when i initially looked at the car and insisted on steering being looked at (went to independant garage on test drive) and found both steering arms (think that's what there called) wasnt working as they should,both front wheels rocked when suspended similar to a wheel bearing failed.

    As said above headlights was not working and wouldn't have been previously as both brackets smashed and one of the bulbs snapped in the lens...its perfectly possible that the MOT was carried out and then the tyres changed for three tyres under the limit and involved in accident...however id say thats somewhat unlikely.

    Chap who fixed headlights said its worth getting it re MOT as in his opinion it wouldnt have passed as bought,the MOT to be fair ONLY applies to the day its presented to the MOT station of course...but faults listed happening in 3 weeks or less is highly doubtful.

    Having it serviced (dealer said he serviced it himself) and re MOT im happy to pay for as i like the car.

    I dont feel having to pay for headlights to be fixed in reasonable.
  • stuart30
    stuart30 Posts: 499 Forumite
    Celtic452 wrote: »
    Stuart - quick question if its ok. Do you have a link to the consumer rights act info you were reading? I'm wondering if its down to the seller to recover a vehicle if you reject it within 30 days due to not as described. I.E its up to the dealer to get it back to them, or if you have to drive it back (assuming the car is roadworthy).


    Yes will have a look..its either in consumer rights online or possibly when ive spoken to CAB regards having the car with steering rack recovered,needed to find out my rights when dealer tried to say its not covered as cost less than £3000,bloke was of course talking complete nonsense.

    My car wasnt road worthy..i believe thats why the dealer was liable as it wasn't Fit for purpose.

    If its driveable and your rejecting because its described wrong i doubt you would be covered.
  • Might be helpful if you stick to just the one user account when posting, you know.
  • stuart30
    stuart30 Posts: 499 Forumite
    Couldnt log into my normal account...so needed a throw away account,now sorted.
  • waamo
    waamo Posts: 10,298 Forumite
    First Post First Anniversary Name Dropper
    I'm confused. Who's car is this, sausage_roll or stuart30's?

    Edit to say just saw the cross postings
  • stuart30
    stuart30 Posts: 499 Forumite
    facade wrote: »
    News to me unless playing the "unroadworthy" card changes things...


    Heres a link...its roughly 2/3rds the way down the page.

    http://www.thecarexpert.co.uk/new-laws-give-car-buyers-extra-protection/


    Unless there is a clause in the sales contract which says you are obliged to return the car, then it is the dealer’s obligation to collect the vehicle. You only have to make sure the car is available to collect.


    http://www.lawgistics.co.uk/read-news/871


    Good to know.:beer:
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