Damaged Used car.

Jeomer

Hello,

I'm looking for some advice please. I purchased a car from a registered trader on 11th September. Car has been going great.

Me and my family decided on a wee trip and the journey required me to use the motorway for the first time and so the problems begin...

The first problem on the way there was a perforated CV Boot. I noticed this when stopping for petrol, the grease all over the alloy. I've had this before on another car and it's not a massive issue if fixed in a reasonable time. I sent the dealer an email about this issue over a coffee and off I went.

We went out and had a great day and I was hoping the garage would message me back about this CV boot so I can hopefully drop it off on the day (I've only had it 17 days and it's under warranty) Just in case it gets worse. On the way home, driving 70 all of a sudden my bonnet opens and smashed my windscreen and roof and damaging the front wing panels! Luckily, and the most important thing to me, is that nobody was hurt and just shaking. I'm furious!

I'm glad everyone is ok but gutted I've just paid all this money for something faulty. I contacted the garage explaining the situation and that the garage has provided me with something thats faulty. However the only reply I got was "You must have left the bonnet open". I've never opened it!

What are my rights and is there anything I can do?

Gary123456790

I would pay for an independent assessment, there must be a fault with the locking mechanism, otherwise it would not come open.

Presumably you hadn't just had the bonnet open? Even on the "catch" where it is not quite locked down a bonnet should not come open.

DoaM

Did the bonnet appear closed? (It's normal to check that all doors and hatches are closed ... but for the rear hatch/boot and bonnet a normal person wouldn't go around and physically push them, they'd just visually check).

I ask as - if the bonnet appeared closed then it could easily have been a faulty bonnet catch, and at motorway speeds there was sufficient force to cause the catch to release. IMHO that's the angle you should take with the dealer.

Note: as it's within 6 months from purchase then it's for the dealer to prove this was NOT a fault, not for you to prove it WAS.

How old is the vehicle, and how much? Also, how did you pay?

AndyMc.....

DoaM wrote: »

Did the bonnet appear closed? (It's normal to check that all doors and hatches are closed ... but for the rear hatch/boot and bonnet a normal person wouldn't go around and physically push them, they'd just visually check).

I ask as - if the bonnet appeared closed then it could easily have been a faulty bonnet catch, and at motorway speeds there was sufficient force to cause the catch to release. IMHO that's the angle you should take with the dealer.

Note: as it's within 6 months from purchase then it's for the dealer to prove this was NOT a fault, not for you to prove it WAS.

How old is the vehicle, and how much? Also, how did you pay?

That's an interesting one in this case.

Is it reasonable to reject a used car for a faulty bonnet catch?

If not then it'll be down to the OP to send a LBA. If this doesn't resolve the matter then it'll be court action but surely they'll need to make the vehicle available to the dealer so he can build his defence.

George_Michael

DoaM wrote: »

Note: as it's within 6 months from purchase then it's for the dealer to prove this was NOT a fault, not for you to prove it WAS.

Depending on what sort of resolution the OP is looking for.
If they want the car repaired or replaced then you are correct in saying that the dealer has to prove that a fault wasn't there at the time of sale and that it was due to the OP not closing the bonnet properly.

If however the OP wants to reject the vehicle and get a full refund (which for windscreen, bonnet, roof and wing panels is what I would be doing) then the onus falls on them to prove that the fault existed when the took possession of the vehicle.

Jeomer

Thanks for the replys. I've not had the bonnet open since I've had it, it had a service before I got it so all seemed fine.

Visually the bonnet looked closed and I never noticed any movement or rattling.

It's 2012, I paid £4995 for it and in its current condition it's a write off. I paid by BACS transfer

k3lvc

Jeomer wrote: »

Thanks for the replys. I've not had the bonnet open since I've had it, it had a service before I got it so all seemed fine.

I suspect you're going to struggle to prove this - is there any evidence that the catch was actually 'faulty' or it is just dirty/gummed up ?

Given you'd had it for 17 days and it hadn't opened in all of that time why would it suddenly open now ? I'm interested why you see this as being a warranty job/dealer issue rather than claiming on your own insurance.

ssparks2003

Out of interest I assume that there is a release mechanism inside the car, normally on the drivers side? Does the petrol cap have a flap that is also released by a mechanism inside the car? The reason I ask is more than once I have released the flap for a fill up in the garage and instead popped the bonnet.

lincroft1710

Jeomer wrote: »

I've not had the bonnet open since I've had it, it had a service before I got it so all seemed fine.

Visually the bonnet looked closed and I never noticed any movement or rattling.

You had the car 17 days and didn't think to check the fluid levels?

societys_child

17 days and then drove it down a motorway without checking anything under the bonnet? When you checked the tyre pressures before charging off down the motorway, did you not think to check fluid levels?
That is really frightening, I have to drive the same roads as you.

PixelPound

You don't mention make/model. Some have had recalls for faulty catches. You would need to get it checked and see what caused the catch to fail. You may not have opened the bonnet but had you looked at it - did you notice any gap. If no gap it was closed and the catch has failed, if it wasn't closed fully it would have rattled a lot and surely you would have noticed that.

It is really about getting that catch checked to see if it is faulty