Second hand car problems - advice please

njs1999

Hello

Bought a Vauxhall Frontera (Diesel) from a second hand dealer approx 2 months ago - T reg, 109k on clock. Have just started having problems with it, Engine management light comes on and it goes in to 'limp mode', i.e. doesn't let you go above 40mph when going over 3k revs - normally going up a hill.


The car was advertised with Full service history, which wasn't given to us at the time but the dealer said he would chase up and forward on. I hadn't received anything after a month and called him to chase up, he said he couldn't get in touch with previous owners and basically said it wouldn't be coming, but that I could find this out myself by ringing round, etc.


On the test drive, the Engine Management light came on (seemed to come on when car was in low revs). It was very intermittent and he plugged a little machine in and reset the EML. This perhaps should've told me to walk away, but as it was intermittent and seemed a decent car other than that, I bought it.


He did supply me with a 3 months warranty, covering the costs up to £500 - it's one of those that offers different levels of cover.


Basically, I'd like to know what my rights are in terms of getting it repaired/refund. It is illegal to say it has a FSH in advert, which I now have no hope of getting from him?


Does the warranty cover his back or is the issue still with the potentially false advertising of FSH?


Thanks in advance

Wig

Well first thing is to ask him to find the fault and repair it, not just reset it like he did on the test drive. Try to see the fault code is when he resets it, ask him what the code is.

It could be something as simple as requiring new glow plugs.

As the fault was arguably there on test drive it could be assumed this problerm was there at the time of purchase. However, just because it was there does not mean that you have any comeback.

There are two "schools of thought" on this subject here on this forum

People here will tell you that any fault within 6 months of purchase it will be for the seller to show the fault was not there at point of sale.... I agree with this.

Where we differ, is that some people will tell you any fault should be repaired by the seller as the car is not satisfactory. I say that this is nonsense, old cars are expected to have faults, the question is does it render the car unsatisfactory? Some faults will be unsatisfactory but some will not be.

Yours does sound to me like a fault which could be considered satisfactory. It hasn't appeared for 2 months, it doesn't stop you from driving it, it is arguably easily reset.

s_b

i agree with everything wig says apart from his last line
any reasonable dealer would look at this fault for you if he was trading properly seeing as ownership is only 8 weeks and maybe come to some agreement if money needed to be spent,im assuming the vehicle cost more than £695 though as it is 12 years old.
Thing is this dealer lied about the service history, (a common one, just like so many other lies used in periodicals to sell tat to gullible people ) so going back may just be a waste of time but i would make the journey just to test his attitude and see if he now bears even more gold round his neck

njs1999

Thanks for the replies so far.

I don't think the fault can be considered as being there when I bought it, as the EML only came on when the car was in a low gear doing low revs.

The problem that has developed is now when it is asked to come under load, i.e. going up a hill - hitting 3k+ revs.

It is not false advertising then if he stated it had a FSH and it clearly hasn't?

s_b

I think you meant to say it is false advertising and yes it is but what can you do about it?
Obviously complain to your local trading standards if you have one and they pick up the phone, but unless they have a file thick enough to choke a donkey and you are the only one willing to stand up in court as a witness then there aint much else worth doing is there?
Hes a chancer and chancers in this job always get their comeuppance eventually even if its on a beach in spain (maybe his fake gold will strangle him?)

Your egr valve would seem a logical problem on your car the solenoid appears to be bolted to the passenger wing for some strange reason i cant fathom

Good Luck......:).

njs1999

Yeah I did mean to say false advertising:o.

But surely if it's breaking the law then it doesn't matter if it's done once or a thousand times. Will check in with TS on Tuesday and see what they recommend.

The list to what it could be is endless. It's just annoying that having now checked a couple of previous MOT failures online, which are exhaust related, that this problem seems to have cropped up.

I know there is no definite way of proving that they are linked.

Tilt

the OP has hit the nail on the head with the 'false advertising' issue. Bottom lne here is that if the car was advertised as having 'full service history' and it hasn't, then irrespective of the defect(s) the OP has a case to persue under the SOGA. However, the OP will need a copy of the advertisment or some other documentation to support this. Also, if the OP can show that he has been requesting the service history since the point of sale (or more or less), then he possibly will have case to reject the car and obtain a full refund. CD/TS will no doubt confirm this and I would STRONGLY recommend that The OP contacts them first thing on Tuesday. It would be viewed as falsely advertising a car having full service history to entice a potential buyer into purchasing the car who would probably not do so if it hadn't.

s_b

Tilt the mans question has been answered truthfully honestly and with a proper suggestion,making words stand out and MAKING A SAGA OUT OF soga at everything like a man who has turned 50 just gets tedious
Why not take this case on for the OP if you feel so strongly about banging a drum

Tilt

s_b wrote: »

Tilt the mans question has been answered truthfully honestly and with a proper suggestion,making words stand out and MAKING A SAGA OUT OF soga at everything like a man who has turned 50 just gets tedious
Why not take this case on for the OP if you feel so strongly about banging a drum

Yes it has... by me suggesting that he clarifies with CD/TS on whether the car has been miss-sold or not. SOGA is there for a reason and it is ususally because of a 'dodgy dealer' that creates a saga. Your 'tedious' tone suggests that you are frimly batting for the used car dealers of this world rather than the consumer. We will see what the professionals have to say and whether my 'banging a drum' was making the right notes. I await the OPs further comments following his conversation with CD/TS.

s_b

Tilt wrote: »

Yes it has... by me suggesting that he clarifies with CD/TS on whether the car has been miss-sold or not. SOGA is there for a reason and it is ususally because of a 'dodgy dealer' that creates a saga. Your 'tedious' tone suggests that you are frimly batting for the used car dealers of this world rather than the consumer. We will see what the professionals have to say and whether my 'banging a drum' was making the right notes. I await the OPs further comments following his conversation with CD/TS.

yes i like this answer better
i will await the OP's response too once he gets through to trading standards and maureen gives her verdict

Tilt

LOL! :rotfl: