Evident previous collision - but only noticed after vehicle purchase..

majestix

Hi all,

Looking for some advice before I make my next move!

Basically, I’ve bought a car from a reputable dealer and now after having the car for around two weeks, I noticed some flaking on the plastic of the wheel arch and also that one of the small rear parking sensors was badly filled with paint, almost like someone had tippex’ed it over.

I’ve since taken it into a paint and body shop who have informed me that the car looks like it has been rear ended, which has surprised me, because nothing came up on checks for accidents/outstanding finance etc before I purchased. The paint/body tech also said the rear door is full of filler and the boot is slightly misaligned and the general paint job to cover it has been shoddy. He says the bad paint job on the rear quarter panel could give me issues over the next year or so.

To the unassuming eye, the car looks perfect.

Mechanically the car seems more than fine and handles excellently, but obviously now I want to get it in and checked for chassis damage.

This morning, after sending an email documenting the issues, and stating that I could not see the above as the car was covered heavily in rain-water, I asked them either to resolve or I will cancel my PCP deal (I’m still within my first 30 days of purchase, if this stands with this issue?) – but the response I’ve had was less then helpful, and was pretty much - “You own the car now, you saw it on the forecourt, thank you – goodnight" etc. And “It wasn’t raining when you left(!)”..

For what it’s worth I’d like to keep the car, as long as my garage doesn’t find mechanical issues over the coming days. I feel the cosmetic issues could be dealt with easily, but I don’t want to foot the bill for the rectifications, the car itself cost 23k, so I don’t think I’m being unfair in expecting a better response with the issues from the dealership.

Any advice on how to best approach my issue would be appreciated. 

Jenni_D

The dealer's response (if it was along the lines of what you've stated) was anything but "reputable", so I wonder why you consider them a reputable dealer?

Why do you think you have a 30 day cancellation clause with the PCP? Finance usually only has a 14 day cancellation period. Are you confusing this with the 30 day "right to reject" option within the Consumer Rights Act?

KimJongUn88

Cars can be repaired without being written off and showing on the HPI register.

Did you ask whether the car had been involved in any previous accidents? If so, what did the garage say?

majestix

Jenni_D said:

The dealer's response (if it was along the lines of what you've stated) was anything but "reputable", so I wonder why you consider them a reputable dealer?

Why do you think you have a 30 day cancellation clause with the PCP? Finance usually only has a 14 day cancellation period. Are you confusing this with the 30 day "right to reject" option within the Consumer Rights Act?

I didn't take the PCP deal with the dealership, I got it elsewhere, I need a car one way or another so won't be cancelling my finance, apologies for jumbling my words. You're quite right, it'd be under consumer rights i'd return the vehicle. Thanks Jenni  

 KimJongUn88 said:

Cars can be repaired without being written off and showing on the HPI register.

Did you ask whether the car had been involved in any previous accidents? If so, what did the garage say?

They are claiming no knowledge of any previous incidents, that as far as they're aware, the car is mechanically sound and have have provided a 150 point check to support their email comments. 

iwb100

The thing is mechanically sound isn’t the relevant thing here. The relevant thing is whether they told you the car had been involved in no accidents or not pre purchase. If so and you have evidence they misled you intentionally or unintentionally then you should insist they sort it or offer a full refund. If they didn’t claim that then it’s more difficult as you’ve bought it on sight and didn’t ask them about it’s history. 

Jenni_D

As the trade in vehicles is their profession, they are considered to be professionals. Thus they are expected to know about such issues, and to proffer that information, even if the consumer doesn't ask. (Whether it is reasonable for them to be expected to know is somewhat irrelevant - they simply are).

If the issues were as obvious to your body shop person as you state, then either the 150 point check doesn't cover those issues or they weren't done with due diligence.

If you are going to reject the vehicle then you a) need to write to them (email is OK) that you are rejecting per Section (whatever) of the Consumer Rights Act 2015, and b) stop driving the vehicle other than to return it to them (with the keys and relevant paperwork).

As you have finance on the deal then you also have Section 75 (of the Consumer Credit Act 1974) protection, so you could pursue the finance company if the dealer plays silly beggars.

Please note: none of this constitutes legal advice ... you need to make your own decisions.

Herzlos

On the PCP point, the finance is detached from the car - you can cancel the finance but you'd still need to pay for the car some other way.

But to your advantage, the PCP means that the finance company owns the car, so give them a phone and explain what's happening and how the dealer isn't being helpful. They hold a lot more sway than you can.

Also, was this a franchised dealership or part of a network? Because if so I'd be complaining further upstream about your treatment.

majestix

Jenni_D said:

As the trade in vehicles is their profession, they are considered to be professionals. Thus they are expected to know about such issues, and to proffer that information, even if the consumer doesn't ask. (Whether it is reasonable for them to be expected to know is somewhat irrelevant - they simply are).

If the issues were as obvious to your body shop person as you state, then either the 150 point check doesn't cover those issues or they weren't done with due diligence.

If you are going to reject the vehicle then you a) need to write to them (email is OK) that you are rejecting per Section (whatever) of the Consumer Rights Act 2015, and b) stop driving the vehicle other than to return it to them (with the keys and relevant paperwork).

As you have finance on the deal then you also have Section 75 (of the Consumer Credit Act 1974) protection, so you could pursue the finance company if the dealer plays silly beggars.

Please note: none of this constitutes legal advice ... you need to make your own decisions.

This is how I see the situation, Jenni. Although not put as eloquently as yourself, it is indeed their profession and in my mind the cosmetic damage would have surely been evident to them, yet not disclosed to myself upon purchase.

I did say this to the salesman who sold me the car and the general response was "It may well have cosmetic damage, but mechanically it is sound, otherwise it wouldn't have been up for sale"..  

This is a real shame, as I'm willing to keep the car if they negotiate repair, unfortunately this doesn't seem to be their first port of call. If my next correspondence with them is negative than I will be returning the vehicle and calling my PCP lenders. 

Thank you again for your opinion on the matter, Jenni. 

Herzlos said:

On the PCP point, the finance is detached from the car - you can cancel the finance but you'd still need to pay for the car some other way.

But to your advantage, the PCP means that the finance company owns the car, so give them a phone and explain what's happening and how the dealer isn't being helpful. They hold a lot more sway than you can.

Also, was this a franchised dealership or part of a network? Because if so I'd be complaining further upstream about your treatment.

Thanks Herzlos, I will get onto my finance company, see how they can assist me with the issue and what to do in the event I call it quits on the vehicle. This is a franchised dealership with 15 sites across the UK - my next email to the manager will be to let them know i'll be making an official complaint to head office, any help now needs to be hasty, as my Con Rights only stand for a couple of more weeks.   

KimJongUn88

Jenni_D said:

As the trade in vehicles is their profession, they are considered to be professionals. Thus they are expected to know about such issues, and to proffer that information, even if the consumer doesn't ask. (Whether it is reasonable for them to be expected to know is somewhat irrelevant - they simply are).

If the issues were as obvious to your body shop person as you state, then either the 150 point check doesn't cover those issues or they weren't done with due diligence.

If you are going to reject the vehicle then you a) need to write to them (email is OK) that you are rejecting per Section (whatever) of the Consumer Rights Act 2015, and b) stop driving the vehicle other than to return it to them (with the keys and relevant paperwork).

As you have finance on the deal then you also have Section 75 (of the Consumer Credit Act 1974) protection, so you could pursue the finance company if the dealer plays silly beggars.

Please note: none of this constitutes legal advice ... you need to make your own decisions.

You’re wrong. The only duty for trade sellers to volunteer information regarding repairs is when the vehicle has previously been categorised.

Not vehicles on the road have had a repair or minor bodywork done. Sometimes the damage happens in transit when the car is new, sometimes it’s accident damage, sometimes on a prestige vehicle, the front end and bonnet may have a blow over to ensure the vehicle is free of stone chips. The dealer isn’t expected to know each and every time a car has been repaired nor do they have to volunteer that information. If you disagree, please point me to the relevant law.

sevenhills

majestix said:

To the unassuming eye, the car looks perfect.

Don't worry about your car, it looks perfect and there are no mechanical issues. I would imagine garages get frustrated by people wanting to return cars once they have been bought.

jimjames

sevenhills said:

majestix said:

To the unassuming eye, the car looks perfect.

Don't worry about your car, it looks perfect and there are no mechanical issues. I would imagine garages get frustrated by people wanting to return cars once they have been bought.

If I'd paid £23k for a car I'd want it to be perfect and not have a shoddy paint job that could cause problems down the line. 

I wonder what the situation is with handing back at the end of 3(?) years PCP if the bodywork is in a very poor condition, how do you prove that was pre-existing when you got the car?