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Fault with new car bought from garage not local. SOGA enquiry.
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Hi.
I recently purchased a used car from a garage some 85 miles from my home address. Within a couple of weeks I noticed a knocking and some steering issues.
It's a Volvo v70 d5 2005 with 220,000 on the clock.
I had the car inspected by an independent garage and also tasked a main dealer specific to the vehicle to carry or a full check.
They confirmed the following.
NSF lower ball joint incorrectly fitted and stub axle damaged in process
Failing lower gearbox engine mount (causing knocking)
PAS fluid leaking severely from steering rack
Air con condenser corroded and damaged.
Brake fluid thick and black
Left and right CV boot leaking.
The mot does state play in steering rack inner joints but does not mention a massive leak it also states NSF suspension arm rubber bush deteriorated.
Am on a losing streak as a result of what is mentioned on the mot or does the fact that they faults have been subject to professional scrutiny enable to me to make a claim against garage as they are blatantly a fault with the car. The main dealer stated that the NSF ball joint issue makes the car unsafe to drive and with he PAS leak, I have to keep topping up the PAS fluid once a week.
I wrote to the garage under SOGA and received a fairly polite reply, he stated he was not there to "maintain my car". I have pointed out that I just want the car to be roadworthy and asks him at minimum to finance the repair costs for steering rack, the ball joint and the engine mount.
He wrote back and said that under SOGA he is entitled to first inspect the car. However, he is miles away so do I have to travel to him or can he be compelled to attend to the car where it is. Especially as a main dealer has said it is unsafe to drive as a result of the ball joint and I have sent him close up photographs too.
Can I push for costs based upon the evidence I already have and the safety issues surrounding these faults or am I going to have to drive the car all the way back to him.
Am I able to be told who it is that will be inspecting the car if I end up taking it there.
Your collective advice would be much appreciated.
Ludlum
I recently purchased a used car from a garage some 85 miles from my home address. Within a couple of weeks I noticed a knocking and some steering issues.
It's a Volvo v70 d5 2005 with 220,000 on the clock.
I had the car inspected by an independent garage and also tasked a main dealer specific to the vehicle to carry or a full check.
They confirmed the following.
NSF lower ball joint incorrectly fitted and stub axle damaged in process
Failing lower gearbox engine mount (causing knocking)
PAS fluid leaking severely from steering rack
Air con condenser corroded and damaged.
Brake fluid thick and black
Left and right CV boot leaking.
The mot does state play in steering rack inner joints but does not mention a massive leak it also states NSF suspension arm rubber bush deteriorated.
Am on a losing streak as a result of what is mentioned on the mot or does the fact that they faults have been subject to professional scrutiny enable to me to make a claim against garage as they are blatantly a fault with the car. The main dealer stated that the NSF ball joint issue makes the car unsafe to drive and with he PAS leak, I have to keep topping up the PAS fluid once a week.
I wrote to the garage under SOGA and received a fairly polite reply, he stated he was not there to "maintain my car". I have pointed out that I just want the car to be roadworthy and asks him at minimum to finance the repair costs for steering rack, the ball joint and the engine mount.
He wrote back and said that under SOGA he is entitled to first inspect the car. However, he is miles away so do I have to travel to him or can he be compelled to attend to the car where it is. Especially as a main dealer has said it is unsafe to drive as a result of the ball joint and I have sent him close up photographs too.
Can I push for costs based upon the evidence I already have and the safety issues surrounding these faults or am I going to have to drive the car all the way back to him.
Am I able to be told who it is that will be inspecting the car if I end up taking it there.
Your collective advice would be much appreciated.
Ludlum
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Comments
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My thoughts as a rational human being, although I'm no expert.
It isn't the dealer/trader's fault that you live so far away. I'm guessing that you chose to buy from him? You need to get the car to him and let him examine it. He must be given a chance to fix it and he has sounded reasonable up to now?0 -
You do realise that as you know it's dangerous to drive it in the condition. If stopped or involved in an accident you could be done for dangerous driving.
That's a 12 ban on conviction.0 -
Mot was done on the morning of purchase. And I reported to the seller the knocking and steering concerns within less than a month of purchase.
I surely can't be expected to fund repair costs of over £1000 on a car that I only paid £2100.
I have been fair in my letter to the dealer and have not asked him to pay for all the faults, just the ones that contribute to dangerous steering and driving as detailed.
I am concerned about driving the long distance to where I bought it for him to "inspect" the car as once I am there I'm kinda of on his ground and may get bullied into a less than ideal solution. Plus a main dealer has said the ca is not safe to drive !!!!!
What should I do next.0 -
Mot was done on the morning of purchase. And I reported to the seller the knocking and steering concerns within less than a month of purchase.
I surely can't be expected to fund repair costs of over £1000 on a car that I only paid £2100.
I have been fair in my letter to the dealer and have not asked him to pay for all the faults, just the ones that contribute to dangerous steering and driving as detailed.
I am concerned about driving the long distance to where I bought it for him to "inspect" the car as once I am there I'm kinda of on his ground and may get bullied into a less than ideal solution. Plus a main dealer has said the ca is not safe to drive !!!!!
What should I do next.
In that case you shouldn't drive it at all until it's rectified.0 -
So what it my legal position re the fact that under SOGA he wants to inspect the car. Can I make him come to me.0
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NO you cannot compel him to come to you and no you cannot commission repairs he has not authorised. You might want to get in writing what your local guy has reported to you. Especially keen to see how a Volvo that has almost been to the moon has a ball joint incorrectly fitted.0
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The dealer has broken the law by selling an unroadworthy car. They face prosecution and a fine of £5,000. Report it to Trading Standards (local to the selling dealer) immediately. They will inspect the car and take it from there.
The law says the car must:
- match its description. This means it must be as described by the seller. This includes any written description in an advertisement or catalogue; and
- be of satisfactory quality. This means the car must be in reasonable condition, considering its age and make, its past history and the price paid.
- It must be fit for its purpose.
- It must also be roadworthy. (It is a criminal offence to sell an unroadworthy car). A car is not roadworthy if its brakes, tyres, steering, or construction make it unfit for the road. Even if the car has an MOT certificate, this doesn't necessarily mean that it is roadworthy.
You will not have these rights if:
- the dealer pointed out the full extent of any fault before you bought the car; or
- you examined the car and should have noticed the fault. This mainly applies to cosmetic defects if examined by a lay person. The dealer would not be able to evade responsibility for mechanical defects if they were not apparent on your examination.
In the unlikely event that Trading Standards don't take action, then do you have breakdown insurance with Home Start? If so, call them with the symptons and ask them to take the car to the dealer you bought it from and arrive at the dealer with the keys and a letter formally rejecting the car under SoGA.
A transporter if for any reason you need to bring the car back is approx £2 a mile (Google "car transport quote").
However before you go down the route of returning the car, I would be making a massive stink about the illegal activities of the dealer.0 -
Hi.
I recently purchased a used car from a garage some 85 miles from my home address. Within a couple of weeks I noticed a knocking and some steering issues.
It's a Volvo v70 d5 2005 with 220,000 on the clock.
Firstly, i'm surprised a dealer is retailing such a high mileage car. This is asking for trouble.
I had the car inspected by an independent garage and also tasked a main dealer specific to the vehicle to carry or a full check.
Giving ANY car to a main dealer to find fault with will mean they will find faults. Its their job to. They will also put the fear of god into you and usually describe the car as 'unroadworthy' so that you feel obliged to get the repaired by them there and then.
They confirmed the following.
NSF lower ball joint incorrectly fitted and stub axle damaged in process
This should be repaired by the trader.
Failing lower gearbox engine mount (causing knocking)
"failing"? - presumably happened subsequent to purchased and i would say is fair wear and tear on a 220,000 mile car.
PAS fluid leaking severely from steering rack
The dealer should repair this.
Air con condenser corroded and damaged.
Is the aircon working? If so, you cant really complain about how pretty the box for it does or doesnt look after 220,000 miles.
Brake fluid thick and black
Change it if you like
Left and right CV boot leaking.
Arguably the dealer should repair this - could have happened subsequently though.
I wrote to the garage under SOGA and received a fairly polite reply, he stated he was not there to "maintain my car".
He is correct. A lot of this is fair wear and tear on a 220,000 mile car.
If you wanted a car that is perfect / close to perfect, your local Volvo dealer has rows of 'approved used' cars available, priced accordingly.
I have pointed out that I just want the car to be roadworthy and asks him at minimum to finance the repair costs for steering rack, the ball joint and the engine mount.
I think he should repair the faults mentioned - hes under no obligation to finance you getting them done.
He wrote back and said that under SOGA he is entitled to first inspect the car. However, he is miles away so do I have to travel to him or can he be compelled to attend to the car where it is. Especially as a main dealer has said it is unsafe to drive as a result of the ball joint and I have sent him close up photographs too.
Correct. You need to return the car to him. For the price of the ball joint repair, personally if i was you i'd be having this done immediately (NOT by an expensive main dealer though) and keeping the receipt.
Can I push for costs based upon the evidence I already have and the safety issues surrounding these faults or am I going to have to drive the car all the way back to him.
You are going to have to get the car back to him.
Am I able to be told who it is that will be inspecting the car if I end up taking it there.
No.
Summarising - personally i'd get the ball joint done if it truly is unsafe (which i doubt). Keep the receipt and once its all done and dusted ask the dealer to pay it - cant be more than £80 - £100.
Arrange to get the car back to him. You should ask for a courtesy car in the meantime (which the SOGA implies you are entitled to) and let him have the car for say, a week.
See what happens from there.0 -
The dealer has broken the law by selling an unroadworthy car. They face prosecution and a fine of £5,000. Report it to Trading Standards (local to the selling dealer) immediately. They will inspect the car and take it from there.
The dealer hasnt sold an 'unroadworthy' car. They sold the car with a full years MOT. Several of these items could be considered normal wear and tear on a 220,000 mile car, however several should be resolved by the dealer.
Take your own car to a main dealer or say, KwikFit and i'm sure they'll find something that makes it 'unroadworthy' and 'must be fixed immediately at £££s'
The law says the car must:
- match its description. This means it must be as described by the seller. This includes any written description in an advertisement or catalogue; and
- be of satisfactory quality. This means the car must be in reasonable condition, considering its age and make, its past history and the price paid.
- It must be fit for its purpose.
- It must also be roadworthy. (It is a criminal offence to sell an unroadworthy car). A car is not roadworthy if its brakes, tyres, steering, or construction make it unfit for the road. Even if the car has an MOT certificate, this doesn't necessarily mean that it is roadworthy.
You will not have these rights if:
- the dealer pointed out the full extent of any fault before you bought the car; or
- you examined the car and should have noticed the fault. This mainly applies to cosmetic defects if examined by a lay person. The dealer would not be able to evade responsibility for mechanical defects if they were not apparent on your examination.
The dealer is within the law here and has offered to examine the car with a view to making good any 'faults'.
Whats the problem?
In the unlikely event that Trading Standards don't take action, then do you have breakdown insurance with Home Start? If so, call them with the symptons and ask them to take the car to the dealer you bought it from and arrive at the dealer with the keys and a letter formally rejecting the car under SoGA.
Trading Standards WONT take action - at least none that will help the O/P. they may well take an interest in the trader but they wont in any way 'force' the dealer to fix this particular car. they are only interested in the law, not in helping individuals.
No breakdown company in their right mind will honour a breakdown because of a misfitted ball joint.
A transporter if for any reason you need to bring the car back is approx £2 a mile (Google "car transport quote").
However before you go down the route of returning the car, I would be making a massive stink about the illegal activities of the dealer.
Alternatively, have someone look at the wheel bearing and have it made good for a few pounds? THEN take the car to the dealer to let them have a look at the car.
"illegal activities"? Selling a car with 220,000 miles is going to have some wear and tear issues. Please keep in perspective.0
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