Help! Been stung by a Used Car Dealer - what do I do?

SimonDrew

Hello All,
In April, I saw what looked like a good value used car on Auto Trader. The dealership was about 200 miles away, so I could not go and view the car - but the dealer had good feedback, the car seemed like a great deal, in good condition.  On top of this the advert stated that the car has had 'loads of work done' and had ' no issues' and came with a 6 month warranty. I phoned and talked to the dealer and all seemed great, they could deliver the car to me for only £100. I went for the deal, and paid a deposit. The car was delivered the next day. But the driver was in a real rush and wanted to get away quickly for his long journey home.. I gave the car a once over, and took it for a short test drive - but this was all I had time for before the driver had to go. It then transpired that he hadn't brought the warranty information with him - this would be sent on his return.

Over the next few days / week I started to notice a few issues with the car.. Notably the car blows a fair amount of black smoke on acceleration - not around town but out on the A roads - and the gear stick moved backwards and forwards on acceleration and deceleration (the car had a recon gearbox 2 months before my purchase). I messaged the dealer asking where my warranty details were - and was told they would be sorted. 
Another week passed and still no details, so I called them and spoke to the dealer. He assured me that these issues were 'normal for my car' and that he would send the warranty details for my peace of mind.
After a further week with no detail, I sent them an email using their website stating the issues again and asking for my warranty. After a few more days I sent a direct email to the dealer. After a further week of no replies, I left bad feedback on AutoTrader. Still no replies so I called again, only to be torn off a strip by the dealer for leaving bad feedback!! 
However, I finally was sent details of the warranty... As it transpires - he hadn't arranged the warranty till my latest call as I had "P****ed him off" I agreed with the dealer to take the car to my local garage, have them assess the issues, and then he asked me to phone him back before talking to the warranty company.

I booked the car into the garage and they found that the movement in the gearstick could be caused by the gear linkages not being fitted correctly, possibly damaged linkages. More worryingly, they could not assess the smoking as the car is leaking diesel onto the exhaust from a leaking fuel filter housing and making the car dangerous to drive.!!!! I tried to call the garage, but couldn't get through again. So I called the warranty company for advice, to be told that neither issue would be covered by warranty as they dont cover leaks and the gear linkage was a pre-existing issue.
The next day I tried calling the dealer again, and ended up in an hour long row, in which I was told that I had messed up the warranty by calling them before talking to the dealer. That is is perfectly normal for a 12 year old car to leak fuel and it was nothing to worry about. That my local garage is just trying to make money out of me... I asked him what my options are and the only option he has given me is to take the car back to him for his mechanics to have a look. When I said that I cannot drive the car as its dangerous to drive - he basically said rubbish and its my problem to take the car back... 
I cannot afford to get the car towed back the 200 miles to the dealer, and even if I did I wouldn't want their mechanics working on it if they feel a fuel leak is 'normal'!! What should I do?? A small claims claim could take months and cost more money? All the while my car is off the road? Should I pay to get the car fixed and then proceed against them in small claims? Or would the court say that I should have taken the car back?

Help please????

JamoLew

It was your choice to buy a car from 200 miles away - it is your problem to get it returned to the dealer

Herzlos

I think it's likely on you to get the car back to the dealer - one of the pitfalls of buying from 200 miles away.
It may be less hassle to just arrange that and ask for a refund, since you should be entitled to one within 14 days for a distance sale anyway. You'll need to find someone who can tow/transport it back to the dealer and leave it there.

AdrianC

JamoLew said:

It was your choice to buy a car from 200 miles away - it is your problem to get it returned to the dealer

In this case, no, it isn't...

Totally remote deal = distance sale.

Within 14 days of the delivery, you could have insisted the dealer come and collect it for a full refund. Nothing more than "I don't like it" required.

That ship has sailed, though.

You are now into normal CRA territory.
Did you notify the faults within 30 days? If so, then you have a right to a refund.
If not, you have a right to having the faults fixed. The dealer is doing that by covering your local garage's bill.
Only if they are not fixable, is there a right to a refund.

Because the car was delivered, the supplying dealer must collect it if it's going back to him.

Of course, if they dispute any rejection, then you need to physically return the car and launch a small claim for the money. The reasonable cost of returning it would be part of that claim.

BUT... this is all dependent on the faults not being normal for a car of that age, relative price, apparent condition.
It's a 12yo car that seems to have been priced at the lower end of the market, hence the leaping at it unseen, right...?
The average car is less than 14yo when scrapped. Reasonable expectations are low.

Grumpy_chap

What mileage and condition on this 12 yo car and what was the purchase price?  Make, model?
Judging by this, not in very good condition, even as advertised:

SimonDrew said:

the advert stated that the car has had 'loads of work done' 
(the car had a recon gearbox 2 months before my purchase)

SimonDrew

Grumpy_chap said:

What mileage and condition on this 12 yo car and what was the purchase price?  Make, model?
Judging by this, not in very good condition, even as advertised:

SimonDrew said:

the advert stated that the car has had 'loads of work done' 
(the car had a recon gearbox 2 months before my purchase)

Hi - The car is a 2008 Astra 1.9 CDTi with 100k on it. Has MOT until January next year and I paid £2000 for it. The car was described as very good condition, and in the pictures it looks very very clean. In fairness, the car is clean and solid with virtually no rust. It also has receipts for the recon gearbox and slave cylinder, brakes all round, shocks all round, and almost full service history. 

SimonDrew

AdrianC said:

JamoLew said:

It was your choice to buy a car from 200 miles away - it is your problem to get it returned to the dealer

In this case, no, it isn't...

Totally remote deal = distance sale.

Within 14 days of the delivery, you could have insisted the dealer come and collect it for a full refund. Nothing more than "I don't like it" required.

That ship has sailed, though.

You are now into normal CRA territory.
Did you notify the faults within 30 days? If so, then you have a right to a refund.
If not, you have a right to having the faults fixed. The dealer is doing that by covering your local garage's bill.
Only if they are not fixable, is there a right to a refund.

Because the car was delivered, the supplying dealer must collect it if it's going back to him.

Of course, if they dispute any rejection, then you need to physically return the car and launch a small claim for the money. The reasonable cost of returning it would be part of that claim.

BUT... this is all dependent on the faults not being normal for a car of that age, relative price, apparent condition.
It's a 12yo car that seems to have been priced at the lower end of the market, hence the leaping at it unseen, right...?
The average car is less than 14yo when scrapped. Reasonable expectations are low.

Hi,

Thanks for this - a couple of questions if I can?
First - the dealer isn't covering my garage bill - he is totally refusing too saying that the garage is charging me too much and that his mechanics wouldn't even raise the fuel leak as an issue. His only offer is for me to take it back to him so that his mechanics can have a look. When I have said that I cannot drive it back due to it being dangerous he just said that rubbish and its my problem basically.
I have now booked the car into my garage to get the fuel leak fixed as I need the car! Is it fair to ask the dealer to reimburse me for my garage bills?
Also, could I pay to get the cars issues fixed and then pursue the dealer through small claims for the costs of the repairs? Or would the court throw this out as I didn't take the car back to him?

pulliptears

The 1.9CDTi is renowned for gearbox failure, we had one that failed about 2 months out of warranty and ended up costing over £3k at the time to fix.  6 months later the tell tale signs of it going again appeared and we got rid.  I believe the descriptor for this particular gearbox is 'made of cheese'.

AdrianC

SimonDrew said:

Thanks for this - a couple of questions if I can?

Of course!

First - the dealer isn't covering my garage bill - he is totally refusing too saying that the garage is charging me too much and that his mechanics wouldn't even raise the fuel leak as an issue.

Ah... Then he now has the ultimate get-out for anything, which is that your garage caused it.

His only offer is for me to take it back to him so that his mechanics can have a look.

And he's right... but...

When I have said that I cannot drive it back due to it being dangerous he just said that rubbish and its my problem basically.

No, he delivered it, so it's his problem. Of course, enforcing that...

I have now booked the car into my garage to get the fuel leak fixed as I need the car! Is it fair to ask the dealer to reimburse me for my garage bills?

You can try, but I doubt you'll get far.

Also, could I pay to get the cars issues fixed and then pursue the dealer through small claims for the costs of the repairs?

Likewise.

Or would the court throw this out as I didn't take the car back to him?

Bingo.

BTW, a 2008 car is coming up 13yo, if not already there...
A 12-13yo Astra is about as generic as a generic thing.
Why on earth did you buy it unseen from so far away?

And there's really only one answer, isn't there? "It looked cheap".

£2k, though, isn't particularly. There's 56 2008 diesel Astras on Autotrader. Just 11 of them are £2k or more. The same number as are under £1k. This may work in your favour, in that you can say it was priced relatively highly...

Stubod

It probably was "good condition" for a 13 year old 100+k car? A 13 year old 100k car for £2k is very much "banger" territory, (average life of a car is around 12 years). Not sure why you would need to go 200 miles for this type of vehicle.

I would suggest your options are now limited to getting it repaired yourself or getting rid?

jimjames

Leaking fuel filter shouldnt be much of an issue if it's the same as standard filters on other cars. Either replace the filter or tighten up the fitting. I've had it happen before where the drain plug wasn't properly done up, tighten it and it fixed it