Second hand car with fault!

Mark1317

Hello

Last Friday I purchased and collected a second hand car, from a MG main dealer, who is also a Ford Authorised Repairer, however the car was labelled as clearance!

I'd actually viewed the car externally a week prior, however I suffer from severe anxiety and won't get inside a vehicle unless I am certain that no one else has been inside.  On this basis, I had to take the salesman's word.

Incidentally, the Salesman rung me up about this car, as he knew it was the kind I was looking for, he initiated it.

I asked him if everything inside worked, to which he replied yes.  There was some trim around the windscreen which was insecure, which he said would be resolved prior to collection.  I began the negotiation, but couldn't get an answer as the sales director wasn't answering his mobile, however later in the day, I got a call from the salesman with an offer.  I accepted and bank transferred the money within the hour.  They agreed to resolve the issue around the windscreen, perform a safety check and place the car in their compound for 3 days before I collect it.

Friday last week I turn up and am handed the keys, and collect the car from the compound and drive back to the showroom.  Upon starting the car and trying to adjust the air blower, it was clear the this was only working on setting 4, which is full blast.  I mentioned this at the showroom and was told that I could speak with my salesman the next day (he wasn't in when I collected it).  In hindsight, I should've left the car until the fault had been rectified.

I've been discussing the options all week and I even found a guide on the Renault forum for the fix (it's a typical issue).  Speaking to the salesman an hour ago, he said the fix seems reasonably straight forward and would be about an hour's labour at cost price, so a sub £100 job.

He was crystal clear that it was a clearance car, with no warranty at all.  He said you pay for the car and drive away, we don't expect to see you again.  He also said that whether it's within the rules or not, they intend to continue to offer these "road cars" on this basis.  He went further to say that he didn't want to ruin the friendship with me and that he would happily sell me a brand new MG, if I wanted one.

He wouldn't discuss statutory rights and said that was all that was on offer.  He may possibly be able to refund the vehicle, but couldn't guarantee the full amount.

I expressed my sincere disappointment, as I was disadvantaged due to my anxiety and that I had raised the issue before the sale had concluded.  I should've left the car, but the other salesman strongly indicated it would be sorted.

My understanding is that they can't just deny my statutory rights, can they?

Apologies for the long post, but needed to get the details down.

I'm extremely appreciative of any advice.

Mark

ThumbRemote

No, they cannot deny your statutory rights. However given your anxiety and the relatively cheap cost of the repair, would you be better to try and get it fixed yourself rather than trying to pursue it. 

Mark1317

ThumbRemote said:

No, they cannot deny your statutory rights. However given your anxiety and the relatively cheap cost of the repair, would you be better to try and get it fixed yourself rather than trying to pursue it. 

Thanks, my anxiety is around COVID and contamination.

I also don't like being treated unfairly or feel that I have.

m0bov

As they refused to deal with you, you could get it fixed locally then sue for the cost via small claims. Denying your rights is a criminal offence anyway and worth reporting to your local council. How did you pay for the car?

bris

To be fair you are buying a car on clearance at whats probably an older, cheaper car.

You should have had someone else look over the car for you or got the AA or RAC to check it.

The age and mileage of the car is also important because wear and tear on these cars is expected and not covered with second hand cars,

You statutory rights can't be denied but having any in this case is debatable.

MattMattMattUK

m0bov said:

As they refused to deal with you, you could get it fixed locally then sue for the cost via small claims. Denying your rights is a criminal offence anyway and worth reporting to your local council. How did you pay for the car?

It is not a criminal offence. 

Mark1317

m0bov said:

As they refused to deal with you, you could get it fixed locally then sue for the cost via small claims. Denying your rights is a criminal offence anyway and worth reporting to your local council. How did you pay for the car?

I think that's basically what I'm going to do now!

I had a snotty email from the Sales Director after 21:00 last night!

Mark1317

bris said:

To be fair you are buying a car on clearance at whats probably an older, cheaper car.

You should have had someone else look over the car for you or got the AA or RAC to check it.

The age and mileage of the car is also important because wear and tear on these cars is expected and not covered with second hand cars,

You statutory rights can't be denied but having any in this case is debatable.

The car is a 2007 Renault Scenic with 70,000 on the clock.

I accept wear and tear, which is why I'm not bothered about the dent over the wheel arch.

At what point do you relinquish your statutory rights?

I looked at the price of other similar vehicles, and it wasn't the most expensive, it also wasn't the cheapest.  Most on Auto Trader come with a 3 month warranty.  The ones I could find at the time did.

I've spoken to CAB and they say that all settings should function on the air blower and for the dealer to say it's a luxury is incorrect.

It's also the fact they said they'd be happy to sell me a brand new car at any point!  Something around £30k

ThumbRemote

bris said:

To be fair you are buying a car on clearance at whats probably an older, cheaper car.

You should have had someone else look over the car for you or got the AA or RAC to check it.

The age and mileage of the car is also important because wear and tear on these cars is expected and not covered with second hand cars,

You statutory rights can't be denied but having any in this case is debatable.

Of course you have statutory rights. 

lincroft1710

A main dealer selling a 15 year old car (which must be nearing the end of its life) is unusual, most go to auction. 


It will come down to, did the price reflect the condition of the car, warts and all?

bris

ThumbRemote said:

bris said:

To be fair you are buying a car on clearance at whats probably an older, cheaper car.

You should have had someone else look over the car for you or got the AA or RAC to check it.

The age and mileage of the car is also important because wear and tear on these cars is expected and not covered with second hand cars,

You statutory rights can't be denied but having any in this case is debatable.

Of course you have statutory rights. 

I didn't say otherwise, but having statutory rights does not mean they have done anything wrong to warrant using them.

In this case wear and tear on a 15 year old car is to be expected.