Second-hand car dealer and Sale of Goods Act

Stellar_2

Hi, I'm looking for some advice on how to tackle this situation, I'll try and keep it concise as possible!

I bought an 06 plate car at the beginning of December. Checked HPI and previous MOT, all good. The car had slightly higher than average mileage for age and it was more expensive than the Parker's guide price. I tried hard to negotiate a better price, but the dealer sold to me the value of the 15 month warranty included (peace of mind) and I paid the deposit. After researching the warranty (not worth the paper it's written on) I phoned them to say I didn't want it and negotiated £200 off price and personal 6 month warranty. Total paid = £3795.

6 weeks of ownership and the oil pressure light flickered. Check oil and it wasn't touching dipstick! Local garage diagnosed crankcase gasket seeping oil and oil-fouled spark plugs. For convenience reasons I paid for the new spark plugs, oil change and filter and they sealed the crankcase.

Oil loss continued, so took it back to car dealer at the beginning of March. By this time it was clear the car was burning oil, no puddles or seeping crankcase. I mentioned it might be the PCV valve from researching online. The first time they looked at it they claimed it needed thicker oil and an approved oil filter fitted and that my car didn't have a PCV valve. They carried out the work.

Still losing oil. Next time they looked at it they said it did have a PCV valve after all and they would give it a clean. I requested they run a compression test and said I was worried it was the piston rings. They carried out the work and topped up the oil and said the compression results were fine. The car then ran with a rough idle because they left a vacuum hose detached, so it went back twice more before the problem was identified. I also confirmed that the car had lost 3/4 of a litre in the last 200 miles :mad: They promised me they would book it into the dealership garage for further diagnosis - this was last Thursday.

Since then I have phoned them 3 times trying to get them to book it in to be diagnosed. Each time they fob me off with different excuses. Today they promised to book it in for some time the week after next.

So far I have not lost my temper with them, I'm allowing them reasonable time to repair the car. I have not mentioned to them my rights under the Sale of Goods Act (Part 2 Section 14) either, but feel it will be my next step in this process.

One of my major concerns is the dealer's company name is listed under Companies House as being dissolved via voluntary strike off in 2008. They are clearly still trading under the same name but maybe as a sole trader or partnership? I do not understand enough about how this might affect any case I might have against them if the need arises.

My other concerns are how long should I give them to repair before I ask for a refund, when and how should I put things in writing to them stating my rights and do I need any specific evidence and names of company directors (I only have first names).

Any advice would be gratefully received. [Sorry for the length of this post]

forgotmyname

Have you contacted companies house and enquired or a quick call to trading standards to see if its legit? Possibly similar name but changes every now and then to avoid paying bills?

Im a bit shocked you had the car 6 weeks and never checked the oil level. Your meant to check it weekly.

When the lights on it means there is not enough pressure to protect the engine. Running it low could have caused damage.

If i were the selling dealer that would be my getout clause.

The problem is Top Secret invisible cars do tend to use a lot of oil, Especially when they have done more than average mileage.

Maybe its normal for this model?

Stellar_2

forgotmyname wrote: »

Have you contacted companies house and enquired or a quick call to trading standards to see if its legit? Possibly similar name but changes every now and then to avoid paying bills?

The trading name and address is the same except I cannot see Limited at the end. I found a web page that suggested the director of the dissolved company set up the business with a partner. Would Trading Standards have information about companies?

forgotmyname wrote: »

Im a bit shocked you had the car 6 weeks and never checked the oil level. Your meant to check it weekly.

When the lights on it means there is not enough pressure to protect the engine. Running it low could have caused damage.

If i were the selling dealer that would be my getout clause.

I did check the oil level in the first 6 weeks, but I later discovered that I can only get an accurate reading when the engine is stone cold, when it is warm the oil has sprayed up the dipstick tube and the dipstick scrapes the oil from the sides. This is a known issue with this car. Additionally I did not drive the car with the light on, I spotted that the light flickered on once when I turned a corner. The warning light identified the dipstick misreading problem.

forgotmyname wrote: »

The problem is Top Secret invisible cars do tend to use a lot of oil, Especially when they have done more than average mileage.

Maybe its normal for this model?

I guess from this you are curious about the car make/model? Regardless, it should not use 3/4 litre per 200 miles. It is a Mazda 6 and Mazda have told me that 1 litre per 1500 miles is within accepted boundaries.

Stellar_2

Thought I would post some of the info I have found tonight, just in case it is useful to anyone in a similar situation.

Looking at the SOGA within the first 6 months of purchase it's up to the dealer to prove that the fault wasn't there when he sold it to me. It's called the "Reversed Burden of Proof". (ref: consumeractiongroup.co.uk/forum/showthread.php?23827-Sale-Of-Goods-Act-(buying-A-Vehicle)-Your-Rights&p=185920&viewfull=1#post185920). Therefore I doubt the dealer would be able to pull a "get out clause" based on fanciful allegations of me not checking the oil!

I have kept records of all correspondence and dates, which up to this point have only been verbal, therefore I need to ensure I send a letter by Special Delivery within 6 months of purchase to prove the dealer's full liability, (ref: consumeractiongroup.co.uk/forum/showthread.php?23827-Sale-Of-Goods-Act-(buying-A-Vehicle)-Your-Rights&p=1020629&viewfull=1#post1020629). Here are some template letters consumeractiongroup.co.uk/forum/showthread.php?23827-Sale-Of-Goods-Act-(buying-A-Vehicle)-Your-Rights&p=3626839&viewfull=1#post3626839.

I have also managed to find the owner's full name and found a useful thread regarding dissolved car dealers still trading forums.moneysavingexpert.com/showthread.php?t=3223146.

Apologies - links will require copy and paste into browser because I am a new poster.