Advice regarding faulty used car

shauniebabe

Hi,

38 days ago we bought a mercedes a140 from a dealer for £1400 as a runaround. The day we picked it up we drove just over 1 mile and the power steering went so we limped back to the dealers and he repaired it and delivered it back the next day as it was a stuck pulley which had snapped the serpentine belt or something!

We went away for a weekend since returning have found it gobbles fuel about 18mpg, so we booked it in for a full service and a check over. When we picked it up the mechanic said it hadn't been serviced for at least 40k and he replaced a part that decides the level of fuel mix which was worn/nackered. This cost £186 plus vat but I was willing to write it off even though the service history showed services. The mechanic said someone had removed the ecu light.

However on the motorway Saturday night the oil pressure hi came on the dash and the car went into limp mode. We got the rac out and they've advised not to drive it and get a garage to pick it up as it looks like there's a major fault.

Where do I stand with the garage I bought it from? Can I ask for a refund as we have no faith in the car or is it repair only?

Thanks

UncleZen

Well, from what you describe, it doesnt fit the SAD FART rule:
http://www.moneysavingexpert.com/shopping/consumer-rights-wallet-print
So you should be entitled to a refund/replacement.

unlocated

Hiya,

had issues with a used car too after 1 month (there's some info there if you want: https://forums.moneysavingexpert.com/discussion/3526305 )

In general: you are protected by the Sale of Goods Act (SOGA, 1979) for up to 6 years from purchase. If the breakdown happens within the 6th month the seller has the obligation to prove that the fault was there at the moment of purchase (reverse burden of proof), after then it will be you to prove it.
As it's 38 days since the purchase you're still entitled to return the good and ask either for replacement, repair, full or partial refund. Returning the good might be problematic but the other two options are still available depending on the will of the seller to take up his own responsibilities.

When complaining about the car you've to keep in consideration the age of the car - the older the more likely that certain faults will show. Therefore, you need to see whether the fault is due to general wear and tear (that's when the responsibilities of the seller are taken away) or because of a fault that was in the car at the moment you bought it.

The quicker route: call consumer direct (look on direct.gov.uk - there's an alternative number to the 0845) and ask them for guidance. They could tell you what's the best way to proceed.

Suggestion: contact consumer direct and see where you stand and what your rights are at this stage. contact the seller and explain the situation, see what they say and if it's not what you want and/or the consumer direct suggested you, complain in relation to the SOGA.

Generally things might resolve quite easily by talking to the seller (as it seems like he did previously with the power steering).

Have a look at this website http://www.tradingstandards.gov.uk/kent/factsheets/FS%20Combined12347.pdf

There's lots of info around the web but it takes lots of time. Better to contact consumer direct and have a quick answer.

All the best,
Unlocated

shauniebabe

Thanks. I've spoken to the local cab who reckon the same but that I may have to pay for a independent review.

I'm having a terrible day though, on the bus back kids through a stone through the window I was next to and covered me in shards of glass from head to toe! Luckily I wasn't hurt but my clothes are covered!

unlocated

shauniebabe wrote: »

Thanks. I've spoken to the local cab who reckon the same but that I may have to pay for a independent review.

I'm having a terrible day though, on the bus back kids through a stone through the window I was next to and covered me in shards of glass from head to toe! Luckily I wasn't hurt but my clothes are covered!

Sorry to hear about the misbehaved kids and the damage (and sorry also for the kids and the poor life they're having).

About the car, the independent report (if it's only for having some professional to report the damages) could be done by any local garage.

for a safe bet, go to those who stick to some standards.
I went to one nearby that sticks to the motorcode (as referred by direct.gov.uk) and I am more than satisfied.

https://www.motorcodes.co.uk

If the dealer rejects the faults saying it's general wear and tear then you can ask them to prove it was not there when you bought the car. Then it would be their burden (and will have to pay) to prove it.

I hope it all goes well!
Unlocated

shauniebabe

To let you know where we are upto.

We arranged with a garage to give it a full independent review, they did this Thursday just gone and the result was that they advised the engine be fully stripped and investigated as it looks like the pistons are seizing up from lack of oil amongst other things such as the steering column. The garage also serviced the car when we had the mpg problems and pointed out contary to the service history the car had not been serviced for a long time, the oil was tar like and the air filter collapsed due to age.

We took it straight to the garage with the report who said they wanted to take a look and would contact us Friday. I finally got hold of the person dealing with it today Monday afternoon and he says they are waiting for an assessor to come out and take a look which will probably be Wednesday. He also said the owner is concerned because there's a 200 mile difference on the mileage that the rac have put down on recovery and now. I've a feeling it's the first of many excuses as it's only been driven between the 2 garages and they've had it all weekend. Taking a look through the service history they provided with the car I've found that it hasn't actually got any reg numbers on, at the time we bought the car there was another a year older with an extra 15,000 miles on it for a lot cheaper but no service history. Makes you wonder if they've swapped it around. No proof though.

Since this has been happening I've found out to avoid this garage as friends have had similar problems.

Well anyway we've had to buy another car for the misus to use and love it. We paid a lot more though so maybe you do get what you pay for.

I will name the garage once it is sorted!

shauniebabe

FURTHER UPDATE:

I am now absolutley fuming. Ive just come off the phone from the garage having been told that theyve had an assesor out that agrees the engine is badly damaged but that it is our fault not the garages. Ive asked for a full copy of this report but they say it will be a few days before i can pick one up and they also say we broke the warranty by getting it serviced at another garage.

They say trading standards have said they are well within their rights to refuse this.

Looks like its the small claims court.

Im just waiting for some further advice from my soliciter.

The sad thing is we are talking about £1200 which when i sort it out will be spent erecting a billboard opposite their garage telling people the story!

AlexisV

Get the opinion of your own original mechanic in writing.

fivetide

Call your local paper. You have the feedback from Trading Standards. You have the report you comissioned, plus the support of Trading Standards.

By the way, have you spoken to TS about the claims made by the garage? I suspect their report is far from independent.

5t.

Muscle750

End of the day to me having dealt with this situation before the garage are at fault end of, you bought the car in good faith service book stamped etc . Tell the owners in no uncertain terms that you will be notifying trading standards and will be instructing various other "venues and areas of reimbursment" .
Failing that id be taking a few "boys" down to make them aware of the error of their ways.

shauniebabe

The original mechanic has just come off the phone to them and they are saying that the car shouldnt of been driven between the garages as its caused extensive damage. He says they are talking rubbish to try and get out of paying. He has no problem giving us a further report with personal opinions like they have if we want.

Consumer Direct say we have been more than reasnoble but need to send a formal letter rejecting the car by recorded delivery which they will recieve tomorrow. Its amazing how hard it is to get your local trading standards now to see if they have a file on the business.

Ive made a decsion now that if it goes to court im going to persue the extra costs including the service and report. I just ponder if we can claim compensation for time without a car, off work and the cost of the extra petrol when the car was only returning 18.7 mpg.

As for the lads not now but who knows in the future.