Used car blown up after couple of months what are my rights? - long, sorry.

pauli

I bought a used car from a local dealer in March andit had ltos of faults so they agreed to sort them out as had a 3 month warantee, however after 2 weeks in the garage when i got it back most faults still existed so they let me trade i back in (for less than i paid obviously) and i paid a few hundred £ extra for a 52 plate Fiat Punto.

2 weeks ago it cut out 3 times on my may to work and again on the motorway on my way home - luckily in slow moving rush hour traffic - so it went back to the garage that the dealers use and they had it for over a week ans we picked it up on Saturday where they assured us they had checked everything - the electrics and the lot and had even driven it round for 2 days and that there was nothing wrong with it at all.

it felt a bit juddery driving it home but as they had said it was fine i thought it must just be me...yesterday on my way to work i went to overtake someone on the M1 and it wouldn't get any faster in fact it started slowing down - in the fast lane - so i pulled right over, by which time a warning light was flashing (since found out it was the engine management light) and smoke billowing out the back and front - so i pulled over and rang green flag - they said it was burning oil and that there was oil all over, they thought it might be a pipe thats come off but not sure if any more damage caused and towed it back to the garage.

I rang the dealers and explained that iw asn't happy that at 5 months pregnant i was put in such a position where i had ended up in a dangerous position on a motorway like that and he asked if i had my warantee booklet - i said no i'd never had one and he said "well if it needs a new engine i'm not paying for it" and i pointed out that i never had a warranty booklet with the original car i got off them either (the one i traded in) but that it had been written on the receipt, so he said well do you have the receipt for the Punto and I said i didn't think i did as we've moved house and he then said oh well jst ring the garage they'll look after you.....rang the garage and the bloke said "i've had a word with gary and he's said to ring back tomorrow" and i said i wondered if they'd had a chance to take a look at it yet and he said oh garys just got in a car and shot off you'll have to ring back tomorrow...thats today but before i ring back i would like to know my rights - if any- as a consumer so i know what i'm talking about if it turns nasty, which i suspect it may.

I feel its more the garages fault than the dealer as they declared it to be fine when it wasn't but do i have a leg to stand on if it turns out I don't have a warantee?

i can't afford a new engine if that is what it turns out to need, I'd just have to scrap the car - but I need it to get to work as no public transport - it's just all a big mess

fluffnutter

It didn't actually blow up then? I was expecting a big bang

pauli

fluffnutter wrote: »

It didn't actually blow up then? I was expecting a big bang

Sorry to dissapoint you! there was a hell of a lot of black smoke though - that dramatic enough for you?!

I called trading standards who put me through to consumer direct i think it was and they were fantastic - apparently i don't need a warranty as under the sale of good act 1979 the seller is responsible for any inherent faults or for repairs for things that couldn't possibly have been expected and that within 6 months of purchase the burden of proof lays with the seller not the buyer so it's down to them.

i was told to ring the garage to get the verdict on what is wrong - which i have - and they are just about to have a look at it and are going to ring me back - then i need to ring the seller and see what their reaction is and if its not good to ring consumer direct back, they've got all the details on file and have given me a reference number so don't have to go over it all again and they will take it up in my behalf if necessary.

I've got everything crossed its something cheap like a pipe thats dropped off and not a new engine or anything

bris

You bought the vehicle from a dealer

Your consumer rights when you buy a vehicle from a dealer

If you bought the vehicle from a dealer, you will have certain rights under consumer law.
A secondhand vehicle must match its description, be fit for its purpose, and be of satisfactory quality. However, the standard for meeting the requirement that the vehicle is of satisfactory quality will be lower because it is secondhand. A secondhand vehicle should be in reasonable condition and work properly. When deciding whether a secondhand vehicle is in reasonable condition it is important to consider the vehicle’s age and make, the past history of the vehicle and how much you paid for it.
If a secondhand vehicle needs more extensive repairs than seemed necessary at the time it was bought, this does not necessarily mean that the vehicle is not of satisfactory quality. A secondhand vehicle can be of satisfactory quality if it is in a useable condition, even if it is not perfect.
If the vehicle develops a problem soon after you bought it, you may have a right to return the vehicle to the dealer and get your money back. This would probably need to be within about three to four weeks at the most of buying the vehicle. The problem would need to be fairly major, and you would need to take into account the age, mileage and price of the vehicle when deciding whether it is reasonable to take it back.
You must stop using the vehicle at once and contact the dealer. If you traded-in a vehicle, you are entitled to have it returned if it is still available, or to have the full value allowed on it, if it has been disposed of. If you have left it too late to claim a refund, or you don't want one, you may be entitled to ask for a repair or replacement. The fault must have been there when you bought the vehicle. If you do agree for a major fault to be repaired and the repair turns out to be unsatisfactory, it's not too late to ask for your money back.
If the dealer won't agree to put the problem right, you can take legal action up to six years from the date you bought the vehicle (five years in Scotland). However, it is probably unrealistic to take legal action for a fault in a secondhand vehicle, especially an older vehicle, once you have been using it for a reasonable length of time.
If you take the vehicle back within six months of buying it, the dealer should accept that there was a problem when the vehicle was sold and offer to repair or replace it. If the dealer doesn't accept that there was a problem when the vehicle was sold, they will have to prove this.
After six months, it will be up to you to prove that there was a major problem with the vehicle when it was sold. You will have to provide evidence of this so it may help to get an independent report which could establish the condition of the vehicle when it was sold.
If the dealer agrees to repair the vehicle, the repairs have to be carried out within a reasonable time and without significant inconvenience to you. The dealer must pay the costs of the repairs. If the repair has taken a long time, you may be able to use a service loan car or claim compensation, for example, for the cost of hiring a vehicle. If the dealer refuses to repair the vehicle, you are entitled to get it repaired elsewhere and claim back the cost from the dealer. If the vehicle can't be repaired or replaced or this is considered too expensive, taking into account the type of fault, you may have the right to get some or all of your money back. You will have to negotiate with the dealer to decide on what would be a reasonable amount. In deciding what is reasonable, you will need to take into account how much use you have had out of the vehicle.
For more information about your rights when you buy goods, including secondhand goods, see Buying goods - your rights.
A Citizens Advice Bureau can help you negotiate with a dealer if something is wrong with your vehicle. To search for details of your local CAB, including those that give advice by e-mail, click on nearest CAB.
There are two circumstances in which you may not have a right to complain to the dealer. These are where:

• the dealer specifically drew the vehicle’s defects to your attention before you bought it. You may still be able to make a complaint if, for example, the dealer said the clutch was stiff when in fact it was worn through. If the dealer did not point out the full extent of the defects, they are still liable for those they missed. However, the dealer does not have to say anything about the vehicle’s condition at all
• you inspected the vehicle before you bought it and should have noticed the defects. However, if you didn't notice the defects, you could try arguing that you examined the vehicle as a layperson and could not be expected to spot mechanical or structural defects.

In England and Wales, for more information about what action you can take if you have a problem with a second hand vehicle, see Second hand cars in Consumer Fact Sheets