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Consumer rights - used car......

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  • motorguy
    motorguy Posts: 22,611 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 18 January 2010 at 4:07PM
    Inactive wrote: »
    A used car should not be expected to be " blemish free " however it should be " free from faults " at the point of sale, unless advertised as faulty.

    I dont agree

    The dealer must warrant the car, but noone can ever truly describe a used car or new car as 'free from faults'. And even IF that were the case, if the car has a fault, it doesnt automatically follow that the buyer can 'demand' their money back.

    If there are problems, the dealer is obliged to fix them - which is the case here.

    There is no evidence that the dealer knew there was a problem with the car.
  • motorguy
    motorguy Posts: 22,611 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Also, to the O/P - are you expecting your old car back and the balance you paid in cash back OR are you expecting £4795 back?
  • Kilty_2
    Kilty_2 Posts: 5,818 Forumite
    pgilc1 wrote: »
    Also, to the O/P - are you expecting your old car back and the balance you paid in cash back OR are you expecting £4795 back?

    I'm expecting the former - it'd be unfair to suggest they are forced into purchasing the car from me given that it was valued as a part exchange.

    I have my old car in my posession at the moment.

    I'd accept either though.
  • motorguy
    motorguy Posts: 22,611 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Have you heard back from them yet?
  • Kilty_2
    Kilty_2 Posts: 5,818 Forumite
    Nope - was expecting a call today.

    I'll call them tomorrow if I don't hear anything though.
  • mrscb
    mrscb Posts: 1,163 Forumite
    Part of the Furniture Combo Breaker
    It's not hard to sell a car. It's hard to deal with customers who think theier second hand car should be blemmish free and free from faults.

    Some faults can be fixed easy, other take time. Days, week, months.
    Cars these days are full of hundreds of dfferent sensors and control units which monitor everything. One simple blip will put the car into limp mode to protect it. Yes this is annoying. But thats life. I'd say 95% of our customers are happy were fixing faults. The remaining 5%, well they are the ones who come in all guns blazing and shouting the SOGA and how they are (not) going to report us to the paper.

    I agree...
    I presume the light was not on when you test drove the car or when you first drove it out of the garage. Most cars have problems at some point,its just the timing is unfortunate in this case,but dealers dont know when things are going to go wrong...it would save them a lot of grief if they did.
    i am sure you wouldnt have been as annoyed if it was two months after when it happenned..its nobodys fault,things happen..
    Give him the chance to fix it for you and keep things amicable..going in full of hell and shouting the law wont really get you anywhere.
    Hope its sorted soon.
    :beer: Am thinking of a new one:beer:
  • CHR15
    CHR15 Posts: 5,193 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Buying a cheap ODB Code reader is a worthy investment

    http://cgi.ebay.co.uk/OBDII-OBD-2-Code-Scanner-Tool-READER-SCAN-U480-OBD2_W0QQitemZ280441858025QQcmdZViewItemQQptZLH_DefaultDomain_0?hash=item414ba327e9

    It will pay for itself the first time you use it.

    You can reset the code yourself (make a note of it first though) saving yourself the hassle of going back to the garage for them to do it.
  • Wig
    Wig Posts: 14,139 Forumite
    no wounder dealers are struggling when you get people that drive off the forecourt only to return with a light on shouting soga at them.

    It most likely wouldn't have happened if the dealer had taken the car out and tested it before putting it on sale, maybe they did, and knew the car had a fault, and just hoped it wouldnt show for a couple of weeks. In which case the dealer deserves to have a customer as picky as this.
  • Kilty_2
    Kilty_2 Posts: 5,818 Forumite
    Wig wrote: »
    It most likely wouldn't have happened if the dealer had taken the car out and tested it before putting it on sale, maybe they did, and knew the car had a fault, and just hoped it wouldnt show for a couple of weeks. In which case the dealer deserves to have a customer as picky as this.

    :T - finally someone that can understand my point of view.

    I can understand where those of you in the motor trade are coming from with your views but at the end of the day it's my £4800 and my duff car. You can't expect me to have confidence in the car nor find the faults acceptable given I didn't even make it home in the bloody thing.

    It's not as if I bought it at auction or from the side of the road - it's from a motor dealer that is part of a group of companies that holds several franchises with the big manufacturers.
  • Wig wrote: »
    It most likely wouldn't have happened if the dealer had taken the car out and tested it before putting it on sale, maybe they did, and knew the car had a fault, and just hoped it wouldnt show for a couple of weeks. In which case the dealer deserves to have a customer as picky as this.

    We test all our cars over about 100 miles to make sure we find and fix and problems before offering them for sale. Certain cars need lots of driving depending on what the fault is.
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