Bought Car of a Trader - many problems - where do i stand?

Queen_V

I bought a car from a garage, the car was advertised in autotrader, just over 3 weeks ago.

The car had 1 months MOT and i was advised it would pass another MOT no problems, there was nothing wrong with it but may need a new tyre.

Recently i have not been feeling to well and have been feeling tired and getting headaches, i put it down to stress, then one day i took the family out to mcdonalds and we was in the drive through and my partner complained about a headache and asked what that strange smell was.

The next day i booked the car in for its MOT and presumed it would be picked up on the inspection, i hoped it was something or nothing, I have saved up for 2 years for my new car.

The Inspector came out and said your vehicle has failed on emmisions, I had to abort the test, he described feeling a headache.

reading where 9.99% carbon monoxide. (3 times)

Alarmed and annoyed I contacted the garage and demanded a refund or them to repair the problem, the garage said it wasnt there problem, so i phoned Trading Standards who said to send a recorded letter which i have done, now i wait for them to reply.

Under the sales of goods act, am i entitled to a refund?, i cannot believe the garage will not take responsibilty, they do not even care about it making my family ill, I have 4 days left before the MOT retest expires, i just want my money back and to not have to worry about getting ill.


TS States I am not guaranteed to win and could be stuck with a £2.5k car and a bill for a hire car.

My question is do I have a solid case for getting a refund? I have no car to get to work, can i legally claim a hire car? till the garage respond? will they have to pay if i win the claim?

Has anybody had a similar experience or can advice please? this is driving me mad? TIA

I suspect the fault lies with the catalytic convertor or the ECU, there is way to much fuel being used and the cost of a new cat system is around £500 inc fitting, i dread to think how much a new ECU or further diagnostics would cost, the car brings up no warning lights or error codes when connecting to a computer

hartcjhart

forget the ecu, there is a fault(leak) somewhere in the exhaust system that is allowing carbon monoxide into the passenger compartment,hence your symptoms.

as far as I can tell the dealer has sold you a car that is in a very dangerous condition and he should arrange collection and repair at the very least

Hintza

But why would you buy a car with one months MOT unless you know what you are doing.

Queen_V

hartcjhart - my point exactly - they don't want to know at all

Hintza wrote: »

But why would you buy a car with one months MOT unless you know what you are doing.

Was told that it was too early for the MOT to be retested and it would pass when it went in.

my mistake is trusting a garage

patman99

A car can be re-MOT'ed any time.
As for a replacement cat. try your local friendly scrapyard. or failing that, google 'Euro car spares' or 'Exhausts unlimited'.

Get a local garage to look at the exhaust system, it may just be a corroded pipe rather than a c/c.

If it needs new parts, order them yourself, then get the garage to fit them. Stops them making a mark-up on the parts.

gordikin

I find it a bit strange the OP has decided it's CAT or ECU problem but didn't know you can MOT a car anytime?

Queen_V

Well on the old MOT it clearly states

To preserve the anniversary of the expiry date the earliest you can present your vehicle for test in xxxx

Cat/ECU is what the garage has suggested

patman99 i dont want to spend any more money on something they should take back

gordikin

Where does it say that you can't MOT 'untill' 28 days before the expiry date? I think it says to preserve the anniversary date you can MOT a month or so before? You said 'I suspect'...not I was told!

gordikin

Nice try Queen V...want to post what you originally typed!

gordikin

Not you can't present it then?
Like you originally posted?

Queen_V

Ok so i am not an expert with MOT's.

Can anybody please help me with the legal side or my rights as a consumer?