New used car has grinding brakes

AdrianC

prowla said:

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.

No, not really. The discs and pads may not even be visible without removing the wheel, which the tester cannot do.

neilmcl

AdrianC said:

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?

Can you point to the part of the CRA that states faults have to be "substantive enough" to qualify.

AdrianC

neilmcl said:

AdrianC said:

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?

Can you point to the part of the CRA that states faults have to be "substantive enough" to qualify.

https://www.legislation.gov.uk/ukpga/2015/15/section/9/enacted

It is simply not reasonable to expect an 8yo used car to be absolutely perfect in every regard. Brake pads are a consumable. There is no requirement for every consumable to be absolutely brand new - so at what point on the sliding scale of their life do they qualify?

They were not an issue on the test drive or on collection.
They have become an issue since collection. Yes, within 10 miles. But if it was within 100? 1,000? 5,000?

Of course, all this is academic since...
1. We don't yet know it is the pads. All we know is that there was an advisory on them at a previous test.
2. We don't yet know what the supplier's reaction will be. They may very well profusely apologise and rectify the issue for free while the OP waits.

tacpot12

If the cause is wear to the pads, it seems unlikely that enough wear will have occured on the day the car was collected to cause the grinding noise.

I think the OP has been clear that the noise is not a normal noise that an older car might be expected to make, but an unusal noise that indicates that something is not right mechanically. 

I forgot to mention that if you have home insurance, check to see if you have legal expenses cover. If you have this cover, you will be able to talk to the legal help line, and they will guide you trhough the  process of sorting out this issue. 

Whiterose23

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.

Who said anything about ‘demanding’ 

Whiterose23

Thank you all. I called the supplier this morning and they asked me to bring it in and that it would be sorted. Their mechanic says it’s rust from the car being stood on the forecourt a while and that the pads are in good condition. They say I can expect the grinding to stop so we’ll see how it goes.
I would expect a car - 8 years old or not - to be safe to drive at point of purchase. And from my paperwork I have a year’s warranty and also a 30 day window in which I can take the car back if not satisfied.
However apart from this issue we’re very happy with the car so I’m hoping it will sort itself out.

neilmcl

Whiterose23 said:

Thank you all. I called the supplier this morning and they asked me to bring it in and that it would be sorted. Their mechanic says it’s rust from the car being stood on the forecourt a while and that the pads are in good condition. They say I can expect the grinding to stop so we’ll see how it goes.
I would expect a car - 8 years old or not - to be safe to drive at point of purchase. And from my paperwork I have a year’s warranty and also a 30 day window in which I can take the car back if not satisfied.
However apart from this issue we’re very happy with the car so I’m hoping it will sort itself out.

Some rust on the discs doesn't make the car unsafe to drive and will generally disappear the more you use the brakes.

MalMonroe

Whiterose23 said:

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? 

YES. Go back and see them. Stat. If they get funny, quote the Consumer Act 2015 at them (you can google it and get details beforehand). Every item you buy has to be 'fit for purpose'. If it isn't, you have a right to have it repaired or replaced or refunded.

neilmcl

MalMonroe said:

Whiterose23 said:

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? 

YES. Go back and see them. Stat. If they get funny, quote the Consumer Act 2015 at them (you can google it and get details beforehand). Every item you buy has to be 'fit for purpose'. If it isn't, you have a right to have it repaired or replaced or refunded.

No point quoting the CRA if, like yourself, you don't fully understand it. I suggest you try and understand the difference between goods being of a satisfactory quality and goods being fit for purpose for one.

The OP has purchased a used car with, by all accounts, some rust on the discs due to sitting around for a while. Nothing that would point to the dealer being in breach of contract.

oh_really

Can you or do you have a friend/neighbour who can give the pads a visual and if they are happy with the friction material take it for a drive at appropriate speed to have a listen to what's going on. If it's due to lack of use it's likely some braking effort will return things to normal.