What are my rights when it comes to used vehicles facing potentially catastrophic failure?

the_lunatic_is_in_my_head

danieljm said:

user1977 said:

danieljm said:

JJ_Egan said:

41k  plus 3K you put on .

No way a dealer would know a head gasket was going to blow 3 thousand miles later .

So are we saying that when it comes to paying 11k for a relatively new used car, there is no 'reasonable expectation' that they should be of sufficient quality and reliability,  and not break after 4 months?

Nope. If it's second hand (of any age) they don't have to do more than not knowingly mislead you about its condition. Otherwise it's up to you to satisfy yourself about what state it's in - hence the third parties who will do that sort of inspection for you.

However what I am reading in the below link in the section titled 30 days-6 months would suggest otherwise. I don't understand. A fault, and a serious one at that, has come to light after not even having it 6 months.

https://www.theaa.com/car-buying/legal-rights

www.legislation.gov.uk/ukpga/2015/15/section/19/enacted

(14)For the purposes of subsections (3)(b) and (c) and (4), goods which do not conform to the contract at any time within the period of six months beginning with the day on which the goods were delivered to the consumer must be taken not to have conformed to it on that day.
(15)Subsection (14) does not apply if—(a)it is established that the goods did conform to the contract on that day, or(b)its application is incompatible with the nature of the goods or with how they fail to conform to the contract.

Really the dealer should be showing why the goods did conform but if they are refusing to help and you wanted to go to small claims it would be decided on the balance of probability so you'd be in a better position with something showing why the car had issues when you purchased. 

JJ_Egan

Simply day of sale no fault with head gasket  .

Drive 3 k and it develops a fault .

danieljm

JJ_Egan said:

Simply day of sale no fault with head gasket  .

Drive 3 k and it develops a fault .

I'm pretty sure that it isn't so cut-and-dry as you put it. 

I'm reading something about the dealer having a responsibility for faults within 6 months of delivery of a used car. What's more is that the fault in question clearly would not fall under the scope of reasonable wear & tear or consumable parts.

I mean the thing was already back to them once after 3 weeks to replace faulty wheel bearings and brake pads. It really doesn't inspire confidence in their goods.

Aylesbury_Duck

danieljm said:

JJ_Egan said:

Simply day of sale no fault with head gasket  .

Drive 3 k and it develops a fault .

I'm pretty sure that it isn't so cut-and-dry as you put it. 

I'm reading something about the dealer having a responsibility for faults within 6 months of delivery of a used car. What's more is that the fault in question clearly would not fall under the scope of reasonable wear & tear or consumable parts.

I mean the thing was already back to them once after 3 weeks to replace faulty wheel bearings and brake pads. It really doesn't inspire confidence in their goods.

That's why you need an independent opinion from another garage or mechanic.  After 3,000 miles, you need a professional's opinion that the fault was inherent when you were sold the car.

TonyMMM

Head gasket failure is usually a result of a problem somewhere else ... failed coolant hose/radiator/water pump etc.

You need to establish the actual cause first - without that, you won't succeed with any claim after driving the car 3k miles.

Get a proper report and then see what your options are.

bris

It might just need the coolant.

Regardless wear and tear can't be ruled out, it's a VW GTi, a boy racers car, the previous owners or even current owner may very well have raced this car hard, bottom line is the issue wasn't present at time of purchase it took 3 thousand miles to show up so they claim wear and tear you need to prove otherwise.

Running a car is expensive and it's not always someone else's fault, just part of owning a car.

danieljm

bris said:

It might just need the coolant.

Regardless wear and tear can't be ruled out, it's a VW GTi, a boy racers car, the previous owners or even current owner may very well have raced this car hard, bottom line is the issue wasn't present at time of purchase it took 3 thousand miles to show up so they claim wear and tear you need to prove otherwise.

Running a car is expensive and it's not always someone else's fault, just part of owning a car.

If the coolant wasn't a sealed system then maybe, but once it is in it shouldn't go anywhere, nor require occasional top ups unlike oil.

Signs of HGF/leakage is not wear and tear. It is right behind the engine failing in terms of seriousness.

Car already went back once right after delivery as they sold me it with bad wheel bearings and brake pads, which surely goes in my favour. I mean, they are supposed to check these things, so what else did they miss?

Aylesbury_Duck

danieljm said:

bris said:

It might just need the coolant.

Regardless wear and tear can't be ruled out, it's a VW GTi, a boy racers car, the previous owners or even current owner may very well have raced this car hard, bottom line is the issue wasn't present at time of purchase it took 3 thousand miles to show up so they claim wear and tear you need to prove otherwise.

Running a car is expensive and it's not always someone else's fault, just part of owning a car.

If the coolant wasn't a sealed system then maybe, but once it is in it shouldn't go anywhere, nor require occasional top ups unlike oil.

Signs of HGF/leakage is not wear and tear. It is right behind the engine failing in terms of seriousness.

Car already went back once right after delivery as they sold me it with bad wheel bearings and brake pads, which surely goes in my favour. I mean, they are supposed to check these things, so what else did they miss?

It shouldn't go anywhere, no, but any of the components could split or leak over time - they're not bulletproof.  Leakage could very much be wear and tear.

The wheel bearings and brake pads matters don't "go in your favour", they're a completely different matter from four months and three thousand miles ago.

You seem to be ignoring the correct advice, which is to go and get it checked properly, and instead you're making your own mechanical diagnosis and a verdict on your rights from what looks like limited knowledge of each.  By all means go and dump the car with the dealer to see what they do, but to maximise your chances of a satisfactory resolution you're best to follow the advice given.  From what you've described, I'm not convinced you have a case.

[Deleted User]

I bought a car from them once. Never again, it was the worst car I have ever owned. It was my fault really as I let myself get pressured sold into it. The car had a list of faults that I should have insisted were fixed straight away. I should have just walked. 

I know this doesn’t help the OP but I would just like to warn other people against going there. 

They do do use classic pressure selling tactics. 

danieljm

Aylesbury_Duck said:

danieljm said:

bris said:

It might just need the coolant.

Regardless wear and tear can't be ruled out, it's a VW GTi, a boy racers car, the previous owners or even current owner may very well have raced this car hard, bottom line is the issue wasn't present at time of purchase it took 3 thousand miles to show up so they claim wear and tear you need to prove otherwise.

Running a car is expensive and it's not always someone else's fault, just part of owning a car.

If the coolant wasn't a sealed system then maybe, but once it is in it shouldn't go anywhere, nor require occasional top ups unlike oil.

Signs of HGF/leakage is not wear and tear. It is right behind the engine failing in terms of seriousness.

Car already went back once right after delivery as they sold me it with bad wheel bearings and brake pads, which surely goes in my favour. I mean, they are supposed to check these things, so what else did they miss?

It shouldn't go anywhere, no, but any of the components could split or leak over time - they're not bulletproof.  Leakage could very much be wear and tear.

The wheel bearings and brake pads matters don't "go in your favour", they're a completely different matter from four months and three thousand miles ago.

You seem to be ignoring the correct advice, which is to go and get it checked properly, and instead you're making your own mechanical diagnosis and a verdict on your rights from what looks like limited knowledge of each.  By all means go and dump the car with the dealer to see what they do, but to maximise your chances of a satisfactory resolution you're best to follow the advice given.  From what you've described, I'm not convinced you have a case.

Oh I certainly will be taking it to my local independent for him to take a look at, right now I am just angry and can't think anything other than 'Motor Range sold me this for 11 grand recently, and there is something wrong, they should fix it."

I did submit a complaint to the finance company who will also be looking into the matter, and formalized a complaint to the dealer, at least to get the ball rolling.

The finance company did tell me that I should not take it to an independent garage unless I discuss it with them first, though I might anyway, at least for a diagnostic so I can get a proper idea of what is going on.