Rejecting a used car,do i have a leg too stand on?

Morris1995

Hey There!

Brought a car on the 13th of November its my first car and i was excited like anyone would be.

Found a nice car i went to check it out all seemed good left a deposit and collected it the next day before paying of course a test drive was in order and from the get go you could hear the brakes making a sort of 'Grinding noise' of course i made the dealer aware of this and he said verbally 'it's due too it sitting on the fore court for a little while the rust should come off and the noise should stop its only recently had new brakes' of course ive heard of this before and he informed me his going on holiday and won't be back until saturday.

(i had my mother and also girlfreind with me at the time we made him aware of the brakes)

The car has done 23 miles since I've had it in my hands and along the way i could still hear the noise,i got a friend who's a mechanic to come and have a look and as soon as he went under the car he told me the brake discs and pads are on there last legs.

took it again today to a garage to get written proof on the fault and they inform me;

FRONT BRAKE PAD FRICTION MATERIAL WORN TO 3 MM

FRONT BRAKE DISC BADLY LIPPED


It says on my invoice the Sales of good act which it states i must be able to prove the fault was there when i brought the car


i understand 'wear and tear' but its done 23 miles since i have brought it which the miles were recorded on the invoice at point of sale (it's done 58123 miles)

says that deposits at the point of sale are strictly none refundable.

Questions;

Should the dealership repair these for me?do i have a 'case' on this regard?

if i reject the car i would get all my money back right including the deposit?

ive been quoted £300 to repair these which seems crazy:eek: as ive already spent enough!

only warranty i have with them is gearbox and engine guarantee.

any honest advice is good to if i should reject it and if i have a leg to stand on.

Fat_Walt

Morris1995 wrote: »

Hey There!

Brought a car on the 13th of November its my first car and i was excited like anyone would be.

Found a nice car i went to check it out all seemed good left a deposit and collected it the next day before paying of course a test drive was in order and from the get go you could hear the brakes making a sort of 'Grinding noise' of course i made the dealer aware of this and he said verbally 'it's due too it sitting on the fore court for a little while the rust should come off and the noise should stop its only recently had new brakes' of course ive heard of this before and he informed me his going on holiday and won't be back until saturday.

(i had my mother and also girlfreind with me at the time we made him aware of the brakes)

The car has done 23 miles since I've had it in my hands and along the way i could still hear the noise,i got a friend who's a mechanic to come and have a look and as soon as he went under the car he told me the brake discs and pads are on there last legs.

took it again today to a garage to get written proof on the fault and they inform me;

FRONT BRAKE PAD FRICTION MATERIAL WORN TO 3 MM

FRONT BRAKE DISC BADLY LIPPED


It says on my invoice the Sales of good act which it states i must be able to prove the fault was there when i brought the car


i understand 'wear and tear' but its done 23 miles since i have brought it which the miles were recorded on the invoice at point of sale (it's done 58123 miles)

says that deposits at the point of sale are strictly none refundable.

Questions;

Should the dealership repair these for me?do i have a 'case' on this regard?

if i reject the car i would get all my money back right including the deposit?

ive been quoted £300 to repair these which seems crazy:eek: as ive already spent enough!

only warranty i have with them is gearbox and engine guarantee.

any honest advice is good to if i should reject it and if i have a leg to stand on.

Really? I thought this was your first car.

Aren't you prepared to give the dealer a chance to fix it before you reject it?

What's the make and model of the car? The garage you took it to could be trying it on.

What's the mot history like?

dannyrst

Get in touch with the dealership, tell them that the salesman told you the brakes had been replaced recently, yet they haven't. DO NOT go in all guns blazing demanding they fix it or you'll reject or go to small claims, it's possibly a small misunderstanding. There will be time for threats etc if they don't acknowledge the issue.

Brakes are a wear and tear item. If the brakes would pass an MOT, then the garage had no responsibility to replace the items before sale, apart from their verbal agreement (I assume this wasn't written down?). You have stated you have two witnesses to him telling you this, but neither is independent.

Just call the garage and talk through it nice and calmly then, depending on the outcome, people can help you further.

dannyrst

Fat_Walt wrote: »

Really? I thought this was your first car.
Aren't you prepared to give the dealer a chance to fix it before you reject it?
What's the make and model of the car? The garage you took it to could be trying it on.
What's the mot history like?

Maybe his parents car has had this issue before? Or a friends?

Fat_Walt

dannyrst wrote: »

Maybe his parents car has had this issue before? Or a friends?

Once bitten twice shy.

Should have asked for proof it had been done.

Morris1995

This is my first car(my parents car had this issue before)

That's why i asked the question on if the dealer won't repair it do i have the option to reject it

Vauxhall corsa SXi 1.2L

MOT history is back from AUG 2016 and just states offside rear tyre starting to perish.

Most of the mot states 'not done'

all that says passed is 'RPM' 'CO' 'Lambda'


im all open for a repair im just asking if i have a leg to stand on too tell him about this.

Morris1995

i might just see tomorrow the outcome!

Morris1995

dannyrst wrote: »

Get in touch with the dealership, tell them that the salesman told you the brakes had been replaced recently, yet they haven't. DO NOT go in all guns blazing demanding they fix it or you'll reject or go to small claims, it's possibly a small misunderstanding. There will be time for threats etc if they don't acknowledge the issue.

Brakes are a wear and tear item. If the brakes would pass an MOT, then the garage had no responsibility to replace the items before sale, apart from their verbal agreement (I assume this wasn't written down?). You have stated you have two witnesses to him telling you this, but neither is independent.

Just call the garage and talk through it nice and calmly then, depending on the outcome, people can help you further.

well his back from holiday tomorrow its just ive done 23 miles and i didn't think it could fall under 'wear and tear' maybe if i had done say 100 miles from the point of sale but ive done 23 miles.

and two mechanics have told me the same problem that the brake disc is badly lipped and the brake pads friction is worn to 3mm.

also the second garage told me there on condition 'amber'

Fat_Walt

Morris1995 wrote: »

This is my first car(my parents car had this issue before)

That's why i asked the question on if the dealer won't repair it do i have the option to reject it

Vauxhall corsa SXi 1.2L

MOT history is back from AUG 2016 and just states offside rear tyre starting to perish.

Most of the mot states 'not done'

all that says passed is 'RPM' 'CO' 'Lambda'


im all open for a repair im just asking if i have a leg to stand on too tell him about this.

Ok so there's surface rust on the discs which are lipped and 3mm left on the pads. Do you trust that garage?

He they tested the brakes? Do they work as they should?

If it wasn't advertised as having new brakes and they work, it's going to be wear and tear.

BeenThroughItAll

Morris1995 wrote: »

well his back from holiday tomorrow its just ive done 23 miles and i didn't think it could fall under 'wear and tear' maybe if i had done say 100 miles from the point of sale but ive done 23 miles.

and two mechanics have told me the same problem that the brake disc is badly lipped and the brake pads friction is worn to 3mm.

also the second garage told me there on condition 'amber'

And was this 'garage' a local branch of a large chain, by any chance?

AdrianC

Morris1995 wrote: »

Vauxhall corsa SXi 1.2L

Age? Price?

Most of the mot states 'not done'

all that says passed is 'RPM' 'CO' 'Lambda'

That's the emissions. You don't get given a checksheet for the rest of the test. But the brakes are a fairly minimal standard anyway. The wheels aren't removed for the test, so the pads and discs would only be checked if they're visible.

Pads and discs are absolutely a consumable. If he said it'd had new brakes, then he lied - but did you get that in writing?

Grounds for rejection? Not even close. New set of discs and pads is cheap (£40ish for discs and pads) and quick to fit (if there's no problems, then an hour or so all in). Dead easy DIY, too.