Bought a Used Car TODAY

motorguy

atrixblue.-MFR-. wrote: »

(1)Where in the case of a contract of sale—

(a)the buyer would, apart from this subsection, have the right to reject goods by reason of a breach on the part of the seller of a term implied by section 13, 14 or 15 above, but

(b)the breach is so slight that it would be unreasonable for him to reject them.

this is a consumer case so this subsection would not apply in a consumer purchase.

You didnt do as i said and read the section. The sentence afterwards is relevant

"then, if the buyer does not deal as consumer, the breach is not to be treated as a breach of condition but may be treated as a breach of warranty."

Its basically saying if the previous bit applies, then if the buyer is a non consumer its not a breach of condition its a breach of contract - the text itself is relevant to consumers.

atrixblue.-MFR-. wrote: »

again trading standards can only offer advice they do not write the legislation and a major problem is not descriptive enough to deem what is a major fault in a consumer case.

Exactly. But a major problem is not some wee light on on the dash by anyones standards.

atrixblue.-MFR-. wrote: »

a major fault to someone not in the know about cars is an EML light and limp mode where the car is powerless displaying not normal mode of operation.

The car didnt go in to limp home mode. A light came on on the dash. The O/P is not an expert. Its not up to them to decree a light on on the dash as a "major fault".

atrixblue.-MFR-. wrote: »

The above does state that buyer must not request a repair or replacement where it is impossible etc but does not state rejection. or specifically includes it either.

Mate, clearly you've read some stuff on the internet and you think you're an expert.

I had to eat, sleep and breathe this stuff for several years as a motor trader, taking legal advice and advice from trading standards as appropriate.

Trust me on this - a light on on the dash is NOT a cause for rejection.

harveybobbles

Slightly off topic but a friend of mine phoned one evening in a panic to say that the oil light had come on, so she stopped, checked level and topped up.. Continued with journey. Another phone call later that day to say the oil light came back on, so topped up even more oil.

When I went to see her the following day, the light was actually the engine light and NOt the fkin oil light!

I do wish people would read their handbooks.

bit like my neighbour who has proudly fitted snow tyres to his 118d. On the front...

colino

A lot, sadly a lot, of sold retail cars pop up warning lights shortly after sale. A tiny minority are genuine problems. Most are trivial issues, like the valeter being too enthusiastic in the engine bay, or another minor problem, unnoticed in the extremely short distance the trader has actually driven the car.

lancebond

Sorted,

No issues no fuss, refunded the car.. After driving it he agreed it was cattle trucked ... Drove away with another (fiesta 1.0 Eco... Petrol)

He didn't seem to mind the extra four grand in his pocket.

I love forums, people so judgemental...

lancebond

he drove the car, agreed there was a fault.. we sat down and talked... not shouted or stomped our feet (i'm not going to vent to him in person... but i was rightly p***ed off last night)

he offered a repair, i said i would prefer a refund... again we discussed this, and i mentioned the other car on the forecourt... we agreed on a exchange.

having the last resort in my locker was exactly that.. a last resort.. a rejection letter, chargeback, court were all prepared so a back up plan was available to fall back on.


i'll be honest, i find people judging me on the way a message on a forum is typed is hilarious, and seems to cloud the way people answer... when asking for something i was after a fact, not an opinion.. a bit much to ask for on here i realise. my race to get this sorted is due to a work commitment which will take me away from the country for a period of time...


anyways i'm all sorted now... back to work and the wife has a car to use again.

motorguy

lancebond wrote: »

i'll be honest, i find people judging me on the way a message on a forum is typed is hilarious, and seems to cloud the way people answer... when asking for something i was after a fact, not an opinion.. a bit much to ask for on here i realise. my race to get this sorted is due to a work commitment which will take me away from the country for a period of time...


anyways i'm all sorted now... back to work and the wife has a car to use again.

You asked for facts and you got facts - you were not entitled to a refund and you would have struggled to make a rejection of the car stick based on an engine management light being on and no further diagnosis having taken place (other than you sticking a code reader on it)

Also, far from getting a refund as you were demanding originally, the dealer has swapped you into another car and took another £4,000 off you. :eek: So all you've really done is given him all the profit he had on the Peugeot 307 and now all the profit he has on the Fiesta Ecoboost and all the profit he has on your trade in. Result for the dealer - as Arthur Daley would have said - hes laughing all the way to the Leeds.... :beer:

You've been played very well there.

Also, you were given the fact by most people on here that if you went in with the attitude you were displaying on here, you were likely to entrench the situation rather than get a resolution.

Also, it doesnt help when the LAST car you bought you were on here immediately with a fault and wanting to know how to get a full refund, and the time before that on a motorbike with problems you were suggesting giving the seller a "matching pair of broken legs". :eek:

Perhaps next time you buy a car, take someone knowledgable with you, so you dont have to "demand" a refund as soon as you buy it.

motorguy

lancebond wrote: »

i'll be honest, i find people judging me on the way a message on a forum is typed is hilarious, and seems to cloud the way people answer... when asking for something i was after a fact

I would suggest in future instead of going for the "i'll give him matching broken legs" and "i'm within my rights to demand..." and "i'll take this all the way..." type comments, on which people then form an opinion of you, you should be honest - "i've bought a car here that i'm not happy with - an engine management light has come on and to be honest i dont think its the car for me, what can i do?"

This would perhaps have yielded responses more in line with what you were really wanting - which was out of that car and into another one - probably fuelled by buyers remorse.

Captaincodpiece

motorguy wrote: »

You asked for facts and you got facts - you were not entitled to a refund and you would have struggled to make a rejection of the car stick based on an engine management light being on and no further diagnosis having taken place (other than you sticking a code reader on it)

Also, far from getting a refund as you were demanding originally, the dealer has swapped you into another car and took another £4,000 off you. :eek: So all you've really done is given him all the profit he had on the Peugeot 307 and now all the profit he has on the Fiesta Ecoboost and all the profit he has on your trade in. Result for the dealer - as Arthur Daley would have said - hes laughing all the way to the Leeds.... :beer:

You've been played very well there.

Also, you were given the fact by most people on here that if you went in with the attitude you were displaying on here, you were likely to entrench the situation rather than get a resolution.

Also, it doesnt help when the LAST car you bought you were on here immediately with a fault and wanting to know how to get a full refund, and the time before that on a motorbike with problems you were suggesting giving the seller a "matching pair of broken legs". :eek:

Perhaps next time you buy a car, take someone knowledgable with you, so you dont have to "demand" a refund as soon as you buy it.

Sounds like a fair assessment of it all, op asked for a refund, trader refused and got the profit off two cars. Pug will probably be back in the next auction.

Our op is rather unlucky when it comes to cars though so it does make you wonder if it actually happened or he's a case of a fool and his money.

poppasmurf_bewdley

lancebond wrote: »

Sorted,

No issues no fuss, refunded the car.. After driving it he agreed it was cattle trucked ... Drove away with another (fiesta 1.0 Eco... Petrol)

He didn't seem to mind the extra four grand in his pocket.

I love forums, people so judgemental...

Yup, the dealer stitched you up like a kipper. You went in complaining about a minor fault, and he got you to pay £4k to fix it.

I bet he had a smile on his face all the way home last night.

motorguy

Captaincodpiece wrote: »

Pug will probably be back in the next auction.

Or having the problem sorted out as we speak and being prepared for resale.

I genuinely have to take my hat off to the seller. Hes made at least three sets of profit and has left the buyer convinced he came off best. :beer: