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  • FIRST POST
    • Sauasage_Roll
    • By Sauasage_Roll 20th Apr 17, 11:34 AM
    • 24Posts
    • 5Thanks
    Sauasage_Roll
    Faulty car from Dealer
    • #1
    • 20th Apr 17, 11:34 AM
    Faulty car from Dealer 20th Apr 17 at 11:34 AM
    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.
    Last edited by Sauasage_Roll; 20-04-2017 at 11:36 AM.
Page 1
    • facade
    • By facade 20th Apr 17, 12:05 PM
    • 2,831 Posts
    • 1,434 Thanks
    facade
    • #2
    • 20th Apr 17, 12:05 PM
    • #2
    • 20th Apr 17, 12:05 PM
    Get the charging system voltages checked, a suspiciously high amount of blown bulbs is usually indicative of too high a voltage.
    (Except in my Nissan/Renault. It goes through brake lights and headlamps like an elephant in a sticky bun factory, and the voltages are within spec, I wonder if it is a vibration problem)

    As to the blown bulbs, as they made the car unroadworthy at time of sale, the dealer is liable to fix them, but doesn't need to pay a £130 garage bill for £5 worth of bulbs, you should have given the dealer a chance to change them first, it is not his fault you live 45 miles away.
    I'd expect the dealer to provide a set of bulbs- probably eBay specials, and that is it.
    I want to go back to The Olden Days, when every single thing that I can think of was better.....

    (except air quality and Medical Science )
    • macman
    • By macman 20th Apr 17, 12:13 PM
    • 41,291 Posts
    • 16,954 Thanks
    macman
    • #3
    • 20th Apr 17, 12:13 PM
    • #3
    • 20th Apr 17, 12:13 PM
    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?
    No free lunch, and no free laptop
    • waamo
    • By waamo 20th Apr 17, 12:33 PM
    • 2,011 Posts
    • 2,429 Thanks
    waamo
    • #4
    • 20th Apr 17, 12:33 PM
    • #4
    • 20th Apr 17, 12:33 PM
    The Sale of Goods act has been replaced with the Consumer Rights Act. Quoting legislation that is no longer relevant won't help either.
    This space for hire.
    • Sauasage_Roll
    • By Sauasage_Roll 20th Apr 17, 2:42 PM
    • 24 Posts
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    Sauasage_Roll
    • #5
    • 20th Apr 17, 2:42 PM
    • #5
    • 20th Apr 17, 2:42 PM
    I should have explained better/more clearly...the rear brake light bulbs were blown,this i had fixed at my expense.
    Headlights was a mix of a blown bulbs,a bulb that had the filiment snapped when being fitted and both headlamps not secured as both brackets broken.
    Garage who carried the work out advised the damage was indicative of an accident...not a case of replacing couple of bulbs hence the price charged.

    Regards giving dealer not having a chance to have the car recoverd (they are liable to have it recoverd..not for new owner to take to them) that wasnt an option as the car was needed as working night shifts.

    Sales of goods act...yes agree i should have said Consumer Rights Act,point remains that car was less than 30 days old and not fit to be driven on the road.
    • facade
    • By facade 20th Apr 17, 2:48 PM
    • 2,831 Posts
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    facade
    • #6
    • 20th Apr 17, 2:48 PM
    • #6
    • 20th Apr 17, 2:48 PM

    Regards giving dealer not having a chance to have the car recovered (they are liable to have it recovered..not for new owner to take to them)
    Originally posted by Sauasage_Roll
    News to me unless playing the "unroadworthy" card changes things...
    I want to go back to The Olden Days, when every single thing that I can think of was better.....

    (except air quality and Medical Science )
    • onomatopoeia99
    • By onomatopoeia99 20th Apr 17, 3:00 PM
    • 3,325 Posts
    • 7,345 Thanks
    onomatopoeia99
    • #7
    • 20th Apr 17, 3:00 PM
    • #7
    • 20th Apr 17, 3:00 PM
    point remains that car was less than 30 days old and not fit to be driven on the road.
    Originally posted by Sauasage_Roll
    If the dealer won't play ball, you may wish to get on to the manufacturer as well, to let them know they are selling new cars with faults.

    You should have taken it back to the dealer to give them the opportunity to fix it though, it's not the dealer's fault you do shift work.
    INTP, nerd, libertarian and scifi geek.
    Home is where my books are.
    • AndyMc.....
    • By AndyMc..... 20th Apr 17, 3:12 PM
    • 731 Posts
    • 558 Thanks
    AndyMc.....
    • #8
    • 20th Apr 17, 3:12 PM
    • #8
    • 20th Apr 17, 3:12 PM
    If the dealer won't play ball, you may wish to get on to the manufacturer as well, to let them know they are selling new cars with faults.

    You should have taken it back to the dealer to give them the opportunity to fix it though, it's not the dealer's fault you do shift work.
    Originally posted by onomatopoeia99
    Are they? The OP bought a used car.
    • onomatopoeia99
    • By onomatopoeia99 20th Apr 17, 6:46 PM
    • 3,325 Posts
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    onomatopoeia99
    • #9
    • 20th Apr 17, 6:46 PM
    • #9
    • 20th Apr 17, 6:46 PM
    Are they? The OP bought a used car.
    Originally posted by AndyMc.....
    The post I quoted suggested the car was less than 30 days old, which is close enough to new to involve the manufacturer.

    Perhaps the OP has misrepresented the age of the vehicle to us?
    INTP, nerd, libertarian and scifi geek.
    Home is where my books are.
    • paddyandstumpy
    • By paddyandstumpy 20th Apr 17, 7:02 PM
    • 784 Posts
    • 323 Thanks
    paddyandstumpy
    First sentence, the OP says they bought a 2nd hand car.

    In the same post they disclose the price paid, £1300.

    That infers old banger, not new...
    • AndyMc.....
    • By AndyMc..... 20th Apr 17, 7:05 PM
    • 731 Posts
    • 558 Thanks
    AndyMc.....
    The post I quoted suggested the car was less than 30 days old, which is close enough to new to involve the manufacturer.

    Perhaps the OP has misrepresented the age of the vehicle to us?
    Originally posted by onomatopoeia99
    Not in the OP.
    • onomatopoeia99
    • By onomatopoeia99 20th Apr 17, 8:32 PM
    • 3,325 Posts
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    onomatopoeia99
    point remains that car was less than 30 days old
    Originally posted by Sauasage_Roll
    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?
    INTP, nerd, libertarian and scifi geek.
    Home is where my books are.
    • AndyMc.....
    • By AndyMc..... 20th Apr 17, 8:35 PM
    • 731 Posts
    • 558 Thanks
    AndyMc.....
    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?
    Originally posted by onomatopoeia99
    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.
    Originally posted by Sauasage_Roll
    • stuart30
    • By stuart30 20th Apr 17, 9:01 PM
    • 495 Posts
    • 218 Thanks
    stuart30
    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.
    • Celtic452
    • By Celtic452 20th Apr 17, 9:08 PM
    • 5 Posts
    • 0 Thanks
    Celtic452
    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
    • By stuart30 20th Apr 17, 9:14 PM
    • 495 Posts
    • 218 Thanks
    stuart30
    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?
    Originally posted by macman

    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
    • By stuart30 20th Apr 17, 9:24 PM
    • 495 Posts
    • 218 Thanks
    stuart30
    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).
    Originally posted by Celtic452

    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.
    • BeenThroughItAll
    • By BeenThroughItAll 20th Apr 17, 9:33 PM
    • 4,406 Posts
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    BeenThroughItAll
    Might be helpful if you stick to just the one user account when posting, you know.
    • stuart30
    • By stuart30 20th Apr 17, 9:34 PM
    • 495 Posts
    • 218 Thanks
    stuart30
    Couldnt log into my normal account...so needed a throw away account,now sorted.
    • waamo
    • By waamo 20th Apr 17, 9:35 PM
    • 2,011 Posts
    • 2,429 Thanks
    waamo
    I'm confused. Who's car is this, sausage_roll or stuart30's?

    Edit to say just saw the cross postings
    This space for hire.
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