Bought Car from dealer - severe oil leak

bexyboo1312

Hi
I purchased a 2007 plate Mini from Bristol St Motors on Friday last week. It was serviced as part of the deal before I collected the car. By Sunday I had noticed that the car was leaking oil. I immediately reported it to the dealer who got back to me on Monday asking if I could take it to another branch nearer to my home (more convenient for me). The salesman said he would get the branch to contact me Tuesday to arrange to collect the car. They didn't.
I contacted the branch Wednesday but they said they didn't have authorisation from the dealership where I bought my car. Finally, yesterday they said they can book the car in for Monday.
Within a week the car has leaked the full oil and I have had to refill as it was under the min marking on the dipstick.

I explained to the dealership yesterday that I wasn't really happy with waiting until Monday as it would mean a week since I reported the fault and I would have to refill the oil at least twice before then. Not only this, the car is damaging my drive way and works car park due to the amount of oil it is leaking.

There are now patches of up to a foot square of oil all over my drive, oil up the drive where I have driven off etc. It has completely ruined my driveway.

Have I got any rights regarding getting the dealer to sort the leak sooner / the damage that has been caused to my driveway? I have sent photos to the dealer tonight showing the extent of the oil leak and the damage it has caused.

I just want to enjoy my new car!

Thanks

scotsbob

This link was posted by someone on another thread, it may be of use to you.

http://www.which.co.uk/consumer-rights/problem/the-second-hand--car-i-bought-has-a-problem/

My gut instinct would be, if the garage couldn't spot a major oil leak what else did they miss? Or, if they knew about the leak and kept it hidden, what else don't you know about?

tommyjj

I would suggest you take pictures of the leak and the blobs on your drive, get them developed and take them to the dealer.

Also take a notepad and write down everything (or as much as possible of what the) dealer says and be sure to get names.

In my experience, evidence plus accountability equals action.

stewarto

It sounds like they might have not done the sump plug up correctly or the filter isn't on rights. Hopefully it's something simple like that.

Don't let them fob you off as I believe if they take too long you will lose your right to return it after a certain amount of time.

27col

tommyjj wrote: »

I would suggest you take pictures of the leak and the blobs on your drive, get them developed and take them to the dealer.

Also take a notepad and write down everything (or as much as possible of what the) dealer says and be sure to get names.

In my experience, evidence plus accountability equals action.

Get them developed? What is this? 1963 or 2013.

arcon5

So you knew it was leaking but continued to refill it, drive it and failed to at least take measures to prevent further damage to your property and the property of your employer?

Get some sand on the drive way to try soak up any oil not already dry and get something protective on it to prevent further damage. As for the current damage, you may have at most been able to claim for the damage up until the point you reasonably found the leak, certainly not for anything after.

Although whether you have a claim for anything at all would depend on where the leaks coming from & why, as well and the mileague and condition of the used car.

neilmcl

OP, whilst the garage may well be liable for the initial damage you do have a legal responsibility to mitigate your losses and as above, after discovery of the leak you should have taken reasonable to steps to prevent further damage to your drive etc, which the garage may not be liable for in the end.

Also, knowing there was a leak the last thing you should have done was continue to drive the car, in fact you yourself could in turn be liable for the damage at your works car park.

bexyboo1312

Hi thanks for all your responses.
I contacted the dealer as soon as I knew there was an oil leak, it took them 4 days to sort something out for me. I had no other car to use during this time and where else can I store the car if the garage won't get back to me with a date to look at it? My husband refilled it on the advice of the service man at the garage as I told him it would have run dry by the time of the appointment. He said to keep it topped up.
The leak has got worse while waiting for them to arrange when I can take the vehicle in...hence I didn't expect it to leak all the way up my drive as it had started with a few spots.
The vehicle comes with a 3 month warranty

bexyboo1312

They've also asked me to drive the car to,work tomorrow so they can collect it. Should I not be driving it at all?

cajef

Has anyone bothered to look and see where the oil is leaking from, if it started with just a few spots and has got worse it may be something simple like a loose filter or sump plug, in which case it may not be advisable to drive it in case it works further loose and drops off.

bexyboo1312

No, they can't get it in until tomorrow (a week after I reported it). I have contacted them today & asked them to recover it tomorrow so I dont need to drive it. I think it will be the sump plug or filters from what information I have gathered. Thank you