Car damaged between test drive and purchase

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Hi all,

I took a 2nd hand car for a test drive on Tuesday, liked it and paid a deposit. Today I picked it up and paid the balance. 

When I went to drive away I noticed that the parcel shelf was sticking up, and when I went to sort it out, I noticed that one of the pegs that it should sit in was snapped off. 



When I took it for a test drive this wasn't an issue, so presumably the damage occurred when the MOT and service was carried out. The salesman agreed that it seemed to be ok on Tuesday.

As I had already paid for it, he suggested that the only thing I can do, is bring my car back in and they'll see what they can do to fix it.

Does anyone knows what my rights are in this case?

I know it might seem a minor problem, but if the parcel shelf had been broken when I took it out initially I wouldn't have purchased it!

Thanks in advance for any advice.

Cheers,

Scott
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Comments

  • tacpot12
    tacpot12 Posts: 8,066 Forumite
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    edited 18 February 2023 at 7:29PM
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    Sorry Scott, I can't be certain what your rights in the case are, but the damage is not going to be repairable - you are going to need to buy a new peice of plastic. Even in the hands of an expert plastic welder the nib that has been broken off takes a lot of force - I wouldn't trust a repair to last very long.

    It should be possible to buy one from a scrapyard, so check eBay to see if there are any available. If you can't find second hand, then a new one from the dealer is the only option. I would see what you can find yourself, and then suggest that the dealer pays a proportion of the cost of the replacement. If the contribution you ask for from the dealer is low enough, I expect they will cough up quickly just because they want their customers to be happy. 

    If you have home insurance, check to see if you have Legal Expenses cover as part of it, and if you do, call the Legal Helpline to check your rights. I suspect that if you sued the dealer for the cost of a new part, the judge would only award you a portion of the cost anyway as you are getting a new part on a used car, so the value of any claim might only be £50-70. If this is so, you can't really use your rights, other than as a lever to persuade the dealer to do the right thing.
    The comments I post are my personal opinion. While I try to check everything is correct before posting, I can and do make mistakes, so always try to check official information sources before relying on my posts.
  • briclegg
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    if it was not apparent on the test drive then yes its upto the seller to get it sorted out.Should be able to buy a replacement unit and fit in no time as its only like a plastic paqnel to change
  • Nobbie1967
    Nobbie1967 Posts: 1,485 Forumite
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    You don’t say what car or how much you paid, but you can probably pick up a secondhand one for £30, so I expect that’s what the garage will do.
  • sevenhills
    sevenhills Posts: 5,922 Forumite
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    Since it's now your car, is the salesman thinking it's a repair that you will pay for?
  • macman
    macman Posts: 53,098 Forumite
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    If the salesman has agreed that the damage happened while the vehicle was in their possession, then I really don't see what 'rights' you are pursuing? They will either repair or replace it: it looks like the latter.
    No free lunch, and no free laptop ;)
  • Ditzy_Mitzy
    Ditzy_Mitzy Posts: 1,853 Forumite
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    edited 19 February 2023 at 2:55PM
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    I wouldn't worry about it, should be an easy fix.  I had something similar happen years ago with an Orion whereby something in the distributor failed between paying for the car and collecting it.  The second-hand trader bought a new bit and had it fitted for me, as the car had been sold as a runner.  Same principle should apply here.

    OP, please say you aren't considering an attempt at rejection over a bit of plastic being broken?  
  • MalMonroe
    MalMonroe Posts: 5,783 Forumite
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    Your rights are that the dealer should have a look at it and fix it without any further cost to you.

    See info here -

    https://www.which.co.uk/consumer-rights/advice/the-car-i-bought-has-a-problem-what-are-my-rights-aAnMC5b0ZzJb

    It sounds as if they are willing to help, though, so hopefully they will fix it and you won't have any more trouble.

    Although it is a fairly minor thing, it's disappointing that the car you thought you were getting isn't quite as you had expected. I know that feeling.

    If they can put it right without fuss or further expense, then no harm done. But you do have a right to reject it if they won't. No matter whether it's a bit of plastic being broken or a wheel dropping off. 
    Please note - taken from the Forum Rules and amended for my own personal use (with thanks) : It is up to you to investigate, check, double-check and check yet again before you make any decisions or take any action based on any information you glean from any of my posts. Although I do carry out careful research before posting and never intend to mislead or supply out-of-date or incorrect information, please do not rely 100% on what you are reading. Verify everything in order to protect yourself as you are responsible for any action you consequently take.
  • MalMonroe
    MalMonroe Posts: 5,783 Forumite
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    I wouldn't worry about it, should be an easy fix.  I had something similar happen years ago with an Orion whereby something in the distributor failed between paying for the car and collecting it.  The second-hand trader bought a new bit and had it fitted for me, as the car had been sold as a runner.  Same principle should apply here.

    OP, please say you aren't considering an attempt at rejection over a bit of plastic being broken?  
    I would definitely consider rejection if the dealer turned awkward. Although it does sound as if this dealer is wanting to help. 
    Please note - taken from the Forum Rules and amended for my own personal use (with thanks) : It is up to you to investigate, check, double-check and check yet again before you make any decisions or take any action based on any information you glean from any of my posts. Although I do carry out careful research before posting and never intend to mislead or supply out-of-date or incorrect information, please do not rely 100% on what you are reading. Verify everything in order to protect yourself as you are responsible for any action you consequently take.
  • SpudGunPaul
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    MalMonroe said:
    I wouldn't worry about it, should be an easy fix.  I had something similar happen years ago with an Orion whereby something in the distributor failed between paying for the car and collecting it.  The second-hand trader bought a new bit and had it fitted for me, as the car had been sold as a runner.  Same principle should apply here.

    OP, please say you aren't considering an attempt at rejection over a bit of plastic being broken?  
    I would definitely consider rejection if the dealer turned awkward. Although it does sound as if this dealer is wanting to help. 
    On what grounds?

    Used car with a broken trim piece. 

  • rigolith
    rigolith Posts: 2,615 Forumite
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    MalMonroe said:
    I wouldn't worry about it, should be an easy fix.  I had something similar happen years ago with an Orion whereby something in the distributor failed between paying for the car and collecting it.  The second-hand trader bought a new bit and had it fitted for me, as the car had been sold as a runner.  Same principle should apply here.

    OP, please say you aren't considering an attempt at rejection over a bit of plastic being broken?  
    I would definitely consider rejection if the dealer turned awkward. Although it does sound as if this dealer is wanting to help. 
    On what grounds?

    Used car with a broken trim piece. 

    It's not trim, it's a functional part.
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