Fault car / dealer / RAC problems

r8frazer

I purchased a Vauxhall Tigra from a local dealer on 31 January 2012 for the sum of £3,600.00. Since the date of purchase, various problems have arisen and I now find myself with a non-road-worthy vehicle. The dealer who sold the vehicle is denying any responsibility he may have under the Sale of Goods Act (I have not yet had the car 6 months) and I am at a loss as to what action to take – having no money with which to repair the car. I would be grateful for any advice / assistance you can provide. Here is a timeline of the events that have taken place:

31 January 2012 – Car purchased from dealer for £3,600.00, paid with cash. One month warranty given.

Late March 2012 – Car will not start first time and a knocking sound developed. Vauxhall inspected the car and advised a new track-rod end was needed as well as a new coil pack on their ‘health-check’ report, no other major faults were identified on this report. The dealer [reluctantly] took the car back in and arranged the repairs and the car seemed to be running OK at this point. Vauxhall advised that the car appeared to be using coolant faster than normal but that all I needed to do was keep an eye on the coolant tank and top up when necessary.

6 July 2012 – Driving the car from Warwick to Doncaster (100 miles) – the car broke down on the M1 after 30 miles. It suddenly overheated and the engine warning light illuminated. I pulled into a service station and called the RAC. The RAC driver inspected the car and found that the coolant tank was completely empty – despite me having topped it up prior to embarking. He suggested that there may be an issue with the head gasket although he could see no visible leaks. He topped up the coolant and advised me to drive it home and have a pressure test undertaken to check where the problem was.

9 July 2012 – Vauxhall inspect the car and undertake a pressure test. They identify various faults including a suspected blown head gasket, a bad oil leak from the gearbox, the exhaust blowing, the timing chain in need of replacement and other minor faults. Their advice was that a new engine was needed at a cost of c. £3,500.00. (a bit OTT I suspect but the car is certainly in need of some expensive repair work - likely £700-1000 from a smaller independent garage).

12 July 2012 – Spoke to the dealer, having been trying to contact him since the 9th. He was most unhelpful and advised that he would not accept any liability for two reasons, namely: The independent inspection by Vauxhall in March did not identify the current faults, suggesting therefore that they were not present at the time (although I did point out that no pressure test was undertaken which is the only way these faults would have been detected) and; by driving the car 70 miles with a suspected blown head gasket, it is highly likely that further damage was done to the car and as such it cannot be proven what faults were present before this time. He therefore suggested that I complain to the RAC for their bad advice in instructing me to drive the car despite their suspicions as to what may be wrong with it. I have complained to the RAC and await their response.

I strongly believe that many of the faults with the car were present at the time of sale – particularly the head gasket / coolant issue which is unlikely to have developed as a result of the 3000 miles I have driven the car since purchase. I do suspect however that were I to take the dealer to the small claims court – he would successfully argue that driving the car 70 miles knowing that it had a fault may have caused further damage and as such he cannot be found liable for everything that is now wrong with it. I do therefore feel that the RAC have somewhat scuppered my chances of successfully pursuing the dealer for damages with their incompetent advice. The RAC however, are equally likely to argue that there must have been an existing fault with the car prior to their involvement – and hence they cannot be liable for all of the issues Vauxhall have identified. I am therefore at a loss as to who can be held responsible for the repair of the vehicle, with the dealer and the RAC effectively pointing the finger at each other.

HELP

Former_MSE_Wendy

MOVING THREADS FOR BETTER RESPONSES

Hi. I’ve moved your thread away from the Citizens Advice board as your question was not an area the CAB representatives are able to help with at the moment. Hopefully you will receive a better response here. Please see this rule and if you have any questions about this policy please email forumteam@moneysavingexpert.com.