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Used Car Faulty

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Hi All,

recently bought a used car from a dealership, was told it had been serviced and there was 0 faults on the car. After buying it, I’ve so far found out the handbrake doesn’t work at all & that there is a locking wheel but which I don’t have the key too. I spoke to the dealer I purchased it off (100 miles away) and he’s saying he will pay for the key to be replaced by the manufacturer but the brakes aren’t his problem. In this instance, would I be in my rights to reclaim the money through the small claims court for the work needed to the car? 

Comments

  • Grumpy_chap
    Grumpy_chap Posts: 18,273 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Hi All,

    recently bought a used car from a dealership, was told it had been serviced and there was 0 faults on the car. After buying it, I’ve so far found out the handbrake doesn’t work at all & that there is a locking wheel but which I don’t have the key too. I spoke to the dealer I purchased it off (100 miles away) and he’s saying he will pay for the key to be replaced by the manufacturer but the brakes aren’t his problem. In this instance, would I be in my rights to reclaim the money through the small claims court for the work needed to the car? 
    Much depends on the type, condition, mileage, age and price paid.

    Was this a remote purchase, or in person at the Dealership (usually includes collected from the Dealership)?

    How was payment made?
  • Used, 107k, 2011, £2400. Collected in person & paid via debit card. 

    Thank you :) 
  • Aylesbury_Duck
    Aylesbury_Duck Posts: 15,687 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    The key is a mistake and they're rectifying it.

    The handbrake is more interesting.  When did you first try the handbrake?
  • Ectophile
    Ectophile Posts: 7,977 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    Much depends on the type, condition, mileage, age and price paid.


    Regardless of that, it's illegal to sell a car that's unroadworthy (unless you make it clear to the buyer that it shouldn't be driven until it's fixed).

    So the car should never have been sold in that state.

    To the OP, if they refuse to fix it, you can sue, or reject the vehicle. But they sound like a cowboy dealer. So good luck getting any money out of them. There's every chance that the company will be wound up the moment it looks like you might win the case.
    If it sticks, force it.
    If it breaks, well it wasn't working right anyway.
  • shiraz99
    shiraz99 Posts: 1,836 Forumite
    1,000 Posts Third Anniversary Name Dropper
    Agree with the above, regardless of the age of the car it's illegal to sell a vehicle that is in an unroadworthy condition.
  • Grumpy_chap
    Grumpy_chap Posts: 18,273 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    How long ago is the "recently" that the OP bought the car?

    When did the handbrake first fail?

    Is it just the handbrake that failed, or rear brakes in total? 

    What is the estimate to fix?

    Locking wheel nut is a non-issue as this will be resolved by the supplying dealer.

    Ectophile said:
    Much depends on the type, condition, mileage, age and price paid.


    Regardless of that, it's illegal to sell a car that's unroadworthy (unless you make it clear to the buyer that it shouldn't be driven until it's fixed).

    So the car should never have been sold in that state.

    To the OP, if they refuse to fix it, you can sue, or reject the vehicle. But they sound like a cowboy dealer. So good luck getting any money out of them. There's every chance that the company will be wound up the moment it looks like you might win the case.
    Was the car unroadworthy at the date of sale, or did the fault develop subsequently?
  • born_again
    born_again Posts: 20,437 Forumite
    10,000 Posts Fifth Anniversary Name Dropper
    You would like to think that someone would notice handbrake not working straight away.

    Locking wheel nut. Just get a garage to take them off & put normal wheel nuts on.

    Did it not come with a new MOT?
    Life in the slow lane
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