New used car has grinding brakes

Whiterose23

Hi, I just need some advice regarding a car I bought earlier today.
I bought a used car (8 years old) from a Honda Dealer and noticed that there is a grinding noise every time I brake.
The car was given a service and new MoT as part of the deal so I assumed everything would be checked but I don’t know how it could have possibly passed the MoT with what appears to be worn brake pads.
Am I within my rights to ask for the brakes to be fixed free of charge? 

tower

Could it be that the car has been sitting around and there is a build up of rust on the disc’s. How much have you driven it?

Grumpy_chap

Did you not notice at the test drive?

Whiterose23

Hi, I don’t know if the car has been sitting around and I didn’t notice at the test drive. I’ve driven it approximately 10 miles since I picked it up yesterday and the grating is very apparent.
I have checked the MoT history online and the previous test listed all the brake pads and discs as advisory, yet it has ‘passed’ without fault on the MoT performed by the dealer.
Am I entitled to insist the work is done or can I get my money back if they refuse?

AdrianC

Whiterose23 said:

I have checked the MoT history online and the previous test listed all the brake pads and discs as advisory, yet it has ‘passed’ without fault on the MoT performed by the dealer.

It is, of course, entirely possible that the discs and pads have been replaced between the two tests.

Or maybe they haven't, and the tester this year didn't think them worth advising.

But, yes, I'd certainly be taking it back to get them to look.
(Well, I wouldn't personally - I'd take a wheel off and have a look myself, because that's a damn sight quicker than driving to the dealer and sitting around while they fit it in...)

tacpot12

Are the brake pads worn? Do you know that this is cause of the grinding? 

Although the Consumer Rights Act 2015 assumes that faults are present at the time of sale, if the dealer can show they the faults were not present, then they haven't sold you a car that is not of satisfactory quality and don't have to offer one of the CRA 2015 remedies. I think that there is a small chance that the dealer might be able to show that this fault (when the fault is known) was not present when you bought the car because the noise would have been obvious on test drive.

I think the obvious think to do is to ask the dealer to repair it and see what they say. 

They may do the repair for free; because when they find the cause they can see that it was present at the time of sale (e.g. the  brake pads were worn to down to the metal). This would leave you wondering how it passed the  MOT, and what other faults might exist. 

They may agree to investigate for free, and then ask you to pay or contribute to the repair if they can see (and think they can prove) that the fault wasn't present at the time of sale (e.g. some road debris has become caught between the pad and the disc).


The alternative approach is to ask an independent garage or mechanic to inspect the brakes and suspension and determine the cause (and provide a written report). If their report concludes that the fault must have been present at the time of sale, you can go back to the dealer and ask for a refund or for them to perform the repair. 

Whiterose23

I don’t know that the cause of the grinding is definitely brake pads but being that they were on the advisory on the previous test I would think this is the obvious cause.
Being that I purchased the car less than 24 hours ago surely I can ask for a refund if they refuse to remedy the issue?

NSG666

I wouldn't be demanding anything until you know what is causing the noise otherwise you could make yourself look very silly. Give them a call and go back to the garage today and tell them about the noise and that you are concerned that it's the brakes and you are worried - ask them what you should do. If you go this morning their service department might be open and, if necessary, a mechanic can have a look. Go back to the sales department though not direct to the service department.

AdrianC

Whiterose23 said:

I don’t know that the cause of the grinding is definitely brake pads but being that they were on the advisory on the previous test I would think this is the obvious cause.

That's a rather large leap of logic.

Being that I purchased the car less than 24 hours ago surely I can ask for a refund if they refuse to remedy the issue?

Assuming this isn't under the manufacturer's approved used scheme, where there's a no-quibble exchange option, the fault is unlikely to be deemed substantive enough to justify rejection under CRA.

If it IS pads, then a new set of pads and discs, job jobbed. Why would you reject a car over consumables like that?

prowla

tower said:

Could it be that the car has been sitting around and there is a build up of rust on the disc’s. How much have you driven it?

That often happens with me and it's gone within a mile or so.

The sign is that the disks are rusty if you look at them.

tacpot12 said:

Are the brake pads worn? Do you know that this is cause of the grinding? 

Although the Consumer Rights Act 2015 assumes that faults are present at the time of sale, if the dealer can show they the faults were not present, then they haven't sold you a car that is not of satisfactory quality and don't have to offer one of the CRA 2015 remedies. I think that there is a small chance that the dealer might be able to show that this fault (when the fault is known) was not present when you bought the car because the noise would have been obvious on test drive.

I think the obvious think to do is to ask the dealer to repair it and see what they say. 

They may do the repair for free; because when they find the cause they can see that it was present at the time of sale (e.g. the  brake pads were worn to down to the metal). This would leave you wondering how it passed the  MOT, and what other faults might exist. 

They may agree to investigate for free, and then ask you to pay or contribute to the repair if they can see (and think they can prove) that the fault wasn't present at the time of sale (e.g. some road debris has become caught between the pad and the disc).


The alternative approach is to ask an independent garage or mechanic to inspect the brakes and suspension and determine the cause (and provide a written report). If their report concludes that the fault must have been present at the time of sale, you can go back to the dealer and ask for a refund or for them to perform the repair. 

I've had that happen; once car used to eat brake pads and there weren't wear sensors; the reminder was when that sound came again...

The result was obvious wear on the brake disks.

This is one good reason for insisting on a new MOT when buying a used car; this would be caught.

The sign is that the disks are really shiny and maybe pitted if you look at them.

NSG666 said:

I wouldn't be demanding anything until you know what is causing the noise otherwise you could make yourself look very silly. Give them a call and go back to the garage today and tell them about the noise and that you are concerned that it's the brakes and you are worried - ask them what you should do. If you go this morning their service department might be open and, if necessary, a mechanic can have a look. Go back to the sales department though not direct to the service department.

Yes, I would go back to them and ask (without demanding).

teachfast

All this is just speculation. Go back, explain the issue, and get their response.