Returning Vehicle after 6 months

CTC88 · 9 May 2019 at 11:21AM

Hi Folks,

I’m having a bit of trouble with a car I purchased on HP from a used car dealership. The vehicle is 2009 with 80,000 miles and I originally purchased the car around 15.09.2018.

I am aware after the 6 month period I lose rights in terms of returning the vehicle. However shortly after purchasing the vehicle I discovered a glow plug snapped inside my cylinder head, along with my power steering pump failing, in which the dealers took the car back to have the repair carried out, they held the vehicle for around 2 months at this point which I figure should put me within the 6 months to return the vehicle?

I’ve had a whole host of issues since buying this car, including the cylinder head job, the power steering pump renewal, I have also had to replace the fuel injector rail, the power steering fluid reservoir, wishbone arm has just failed and last but certainly not least, I have discovered a leak in the steering rack.

What would be my best port of call with this one? Do I contact the dealership to discuss or do I contact the finance company?

Any help appreciated.

Many thanks,

LandyAndy · 9 May 2019 at 11:54AM

Make, Model?

The finance company does indeed have joint liability but we are talking about a nine year old car here and expectations must be tempered considerably. The faults you report don't seem unusual for an old car.

Also, buying a 9 year old car on finance isn't a great idea unless it is something exotic and valuable.

CTC88 · 9 May 2019 at 12:08PM

Its an Alfa Romeo 159 TI 1.9 JTDM. I paid £6000 which is at the high end of what you would pay for one of these, so I expected it to be in good condition, which evidently wasn't the case. The car had a glow plug snapped inside the cylinder head from the get go and the power steering pump failed within 4 weeks. The fuel injector rail and the reservoir replacement are no big issue as they were minor fixes, however the discovery I've made of a steering rack leak, which is 9 times out of 10 due to corrosion and will require a full steering rack replacement, track rods & track rod ends is no minor issue and certainly one I am not liable for after only having the vehicle in my possession for 6 months.

What I would like to know is contacting the dealer or the finance company my best port of call to begin with?

Thanks for the reply.

m0bov · 9 May 2019 at 12:16PM

Did you have the car inspected when you purchased it? You could ask for a discounted repair or maybe sell it on.

MEM62 · 9 May 2019 at 12:16PM

I am not sure what your expectations are of a 9-year old, 80,000 mile car but perhaps they are not realistic. These issues would not be unexpected on a vehicle of this type. Presumably some of these have been fixed by the dealer under warranty. Thereafter you are reliant on their goodwill. (It is also worth noting that the price of a car is not an indication of its condition)

CTC88 wrote: »

will require a full steering rack replacement, track rods & track rod ends is no minor issue and certainly one I am not liable for after only having the vehicle in my possession for 6 months.

It is your car. Unless their is warranty coverage in place you are liable for everything that fails or needs replacement.

m0bov · 9 May 2019 at 12:27PM

Have you tried an Alfa specialist? The car is 10 years old, but once the issues are fixed at least you know they are done.

tacpot12 · 9 May 2019 at 12:29PM

Unfortunately I do think MEM62 is correct in this case. Ultimately, you will need to go to court to argue that the faults deserve some compensation. I don't think a court will order the refund of the purchase price as you have had four months use out of the car, and a number of problems have been fixed. I expect the court would award half the cost of the steering rack at best, plus a proportion of any other costs you have incurred.

The Consumer Rights Act 2015 contains no provision that allows the six months to be extended because you did not have the car in your possession for periods after it had been delivered.

AdrianC · 9 May 2019 at 1:03PM

CTC88 wrote: »

I’m having a bit of trouble with a car I purchased on HP from a used car dealership. The vehicle is 2009 with 80,000 miles and I originally purchased the car around 15.09.2018.

Eight months ago.

I am aware after the 6 month period I lose rights in terms of returning the vehicle.

No, the liability of proof simply changes - instead of the presumption being faults were present at the time of sale, unless they can be shown not to have been, the presumption is that they weren't, unless they can be shown to be.

It's only within 30 days that you have an outright right to a refund. After that, the vendor has a right to repair.

However shortly after purchasing the vehicle I discovered a glow plug snapped inside my cylinder head, along with my power steering pump failing, in which the dealers took the car back to have the repair carried out, they held the vehicle for around 2 months at this point which I figure should put me within the 6 months to return the vehicle?

But outside the 30 days.

And did they repair those issues?

I’ve had a whole host of issues since buying this car, including the cylinder head job, the power steering pump renewal, I have also had to replace the fuel injector rail, the power steering fluid reservoir, wishbone arm has just failed and last but certainly not least, I have discovered a leak in the steering rack.

And did they repair those? If not, did you give them the opportunity to?

The rack and suspension arm are likely to be wear and tear, so would be outside the scope of your consumer rights anyway.