consumer rights when buying a second hand car

tjay1_2

Hi,

Can anyone help with some information on our rights regarding second hand car purchase.

We have bought a second hand 55 plate VW passat from a garage in Derby.

We bought the car in good faith that it was in good condition and paid £7,000 for it.

We did not realise until we got it home that.

There was a scratch down one side

One of the front panels was a completely different shade of blue to the rest of the car, it stuck out like a sore thumb, looked more purple!!!

The side windows and front window screen are badly scratched

The wheels needed rebalancing as soon as we drove it out

It shows as engine fault on starting, take to garage

We have taken it back today. The company say they will look into the engine fault but are refusing to respray the bad panel to match the rest of the car, it is very noticable

They won't do anything about the windows.

We both feel that we have been had and the car for the year and price wasn't in reasonable condition to reflect that.

If anyone else has had this kind of experience it would be great to hear about it. The manager wouldn't even come out of his office and talk to us about it today that's how ignorant they are.

any response appreciated

tjay

littleredhen

did you not have a good look round the car or take it for a test drive ?
i would try phoning the manager to talk things over with him
not sure if trading standards could do anything but you could give them a call for advice

littleredhen

might be something on here
http://www.adviceguide.org.uk/index/your_world/consumer_affairs/buying_second_hand_vehicles.htm

scullster

I don't think you'll like my response.........

The majority of the faults should've been picked up by yourselves when you viewed and test drove the vehicle. The cosmetic faults you have absolutely no come back on, in your own words "it stuck out like a sore thumb" and "it is very noticable" - now come on.....

The scratches on the glass, if they weren't noticeable from the outside, they would've been noticeable from the inside - you're noticing them now, but why not before you agreed to purchase the vehicle.

The wheel balancing - you noticed it as soon as you drove it out, please tell me you didn't purchase a second hand car without a test drive? You could've spotted it at inspection if there was uneven wear patterns on the tyres.

They are doing things by the book as far as far as I'm concerned, they are addressing your only statutory right - the engine fault could've not been present at the point of sale, they have a duty under the sales of goods act (and of course it is likely to be covered under the warranty) to look at it and rectify it, but not the other things - they should've been apparent prior to sale and are mainly cosmetic wear and tear.

My advice:

• get the engine fault rectified under warranty / statutory rights under SOGA.
• Get an outfit like Chips Away to do the scratch, local bodyshop to do the wing, you'll be looking at £200 to £250 to get those sorted.
• get the balancing done - shop around, at most £40 for all 4 corners, I could get it done for £20 probably. If you don't, you'll be shelling out for 4 new tyres shortly plus I'd get the tracking checked too
• the glass - you'll have to live with that unless it can be polished out (can that be done - I don't know)

This is the second time today I've stuck up for the motor industry - I must be having a bad day.

scullster

Forgot - I'd also take the car to a garage that you can trust, usually a small independent (not a dealership) and ask them to give your car a thorough looking over to ensure there is nothing you have missed - they may find something you've missed which you could potentially pursue the car dealer for. May cost you an hours labour (£50?)

scullster

Another thought occured to me...... you should be eligible for a refund or credit given the car has developed a fault. Its a dubious long shot, as the garage will probably do everything they can to resolve the fault but given the fault has developed so quickly (or was there already), and in the spirit of the Sales of Goods Act, lets hope its a significant fault (you wouldn't demand a full refund for faulty spark plug).....

Did you pay any part of the cost of the car on credit card, e.g. a deposit - if so, they'd be equally liable.

Whilst the SOGA refer to the goods being as described, you would have had ample opportunity to inspect and test drive the car so many of the other arguments would be out of the window.

tjay1_2

Hi,

thanks for the advice.

I know it's a difficult one to call.

The car was tested but not at speed so the shaking wasn't apparent untill on the motor way

It was a typical grey afternoon outside and we looked round the car indoors which was I know a mistake. The car is metalic so untill you get it in sunlight it is not glaringly obvious. Once in the sun the car looks blue and the other panel is really purple. Even the sales man agreed with us when we took it back but his boss refused to speak to us.

I know it will be difficult but under the sale of goods act is it reasonable to expect a car of that age to have a different colour body panel on it? I don't think so. It does state in the act about being of reasonable appearance for age price e.t.c

There is an engine problem and according to the manufacturers instructions it has to be checked by an authorised dealer. We will want to see proof that it has.

At the end of the day worse things happen but it is infuriating when you know you were mislead about something.