Second hand car - Fault - Small Claims

Sharp1986

Hi all, 

Just looking for advice/clarity/second opinions before I go full steam ahead as I tend to be quite bull headed. 

In July I wrote a car off due to oil on the road and poor conditions, absolutely gutted as with mortgages going up (January 65% increase) the last thing we wanted was to be messing around with a new car although we've needed one for a while but we were making do with one and running it into the ground.

Anyway's, had a budget of 5k but ended up buying 2 cars on 2nd August (we've needed 2 for ages but put it off) a 2.8k run around corsa that will go to the gym and supermarket as I work from home and a seat leon that was 4.5k. The Seat has been fantastic, however the corsa not so much.

Bought on 2nd August

4th August Engine light came on (have picture proof dated 5th August and also text to garage evidence) - Dealership was on holiday so asked us to take it over and he would get someone to look at it, did so, code came up and the guy wiped it and said drive it around a bit (I'm almost certain when I typed the code into google as I had noticed it on his screen it was related to the catalytic converter but the guy told me something to do with a dirty sensor). Immediately after leaving the dealership the service Vauxhall comes on (GM Motors service sign isn't a UK style of car service it means take it to the garage for checking out, generally mechanical/electric/engine problems). Dealership said he will look at it when he gets back, I was then away myself for 2 weeks. 

25th August - Took it to my local garage to get them to look over it before I take it back to the dealership as my trust was diminishing fast, this is what came up as active on the snap-on reader

Code	Description
P0597	Thermostat Heater Control Circuit/Open
P0598	Thermostat Heater Control Circuit Low
B-1000-36	Replace Electronic Control Unit (ECU)
U2143	Steering Angle Sensor Not Calibrated
U2105	Generator Malfunction or CAN-Bus CIM Message Range/Performance
C0000	Damper Mode Switch Information Via CAN-Bus Incorrect Signal
C044a	Steering System Engine Speed Signal Circuit
U2100-C	CAN-Bus Communication Malfunction

29/30th August - Took it to the dealership where he said he'll take it to his garage for investigation, on the way he drove so he could test it as I'd also told him that the gear stick was struggling to go into 1st, all the way there he made out I was a liar, kept repeating that it isn't happening to him, repeatedly I said "I have zero reason to lie, I've paid out a grand in insurance, the last thing I want is to have to return the car back, I work full time, study part time and I'm recovering from surgery, you're the other side of town and all this is a major hassle for me", he continued to make out I was lying so I lost my temper and made a stupid mistake of raising my voice/aggressive tone which I regretted immediately as that will get me nowhere. Anyway's I ended up apologising and smoothing it over and to be fair to him, he apologised too and all was good. The garage put his reader on and only got the two thermostat codes and the replace ECU. So we booked the car in with him.

18th September - Took the car to the garage and they looked it over, ended up replacing the thermostat and saying that was the only problem they could see. Took it away on the 19th September.

22nd September - Engine Coolant light came on (it actually came on the day before but it went off so I wasn't sure whether I'd imagined it). Had a look and the coolant was bone dry! Quick run to the shop down the road and filled it, then rang the dealership again who rang the garage and they said they'd take a look at it. So I took it over and got a taxi home (£12 taxi home each time taking it to the garage the other side of town as that's the garage he wants to use).

29th September - After spending a full week allegedly looking at the car the garage finally answered my calls and said they couldn't find anything obvious wrong with it so therefore I just need to take it away and drive it. Apparently took it for a good drive and had it on the ramp nearly all day etc and still couldn't find anything obvious as to why the coolant was empty (if that's what they were trying to work out).

Since that day I've driven 50-70 miles (I reset the clock so I could see how many miles I get as at the same time I'd filled the tank up), and I've only done 500 miles total since August 2nd, most of them are going to his garage.. Yesterday the engine light came back on. Got my other half to ring the garage so it doesn't get heated from me as I'm frustrated as hell, he said to her that it's on us, he's done our bit, it only had engine warranty for the first month, he suggested we sell it to webuyanycar or trade in, she said can we trade it in to you to see what he said and he said no, that would be morally wrong of him due to the issues I've had with him, what a joker. It's frustrating, the company has nothing but good reviews which is rare for used car dealers round here (Bradford) and one of the cars has been perfect so far. This Corsa was a trade in, I did some digging and found the old owner and her and her dad are avid car people and uncles a mechanic so I've just got a feeling they've ragged the hell out of it over the years (63 plate if I haven't said already). 

I've had it at my garage this morning, I'm about to pick it up. The engine code is something to do with the cat by the sounds of it but what he's also found is that it's leaking water, the coolant is empty and it's over pressurised, water boiling when the car has barely been turned on, I told him about some other issues I'd noticed and he immediately thinks head gasket. In relation to what I think he said is the cat problem, he said that his computer won't connect which is really unusual and he's never had this issue before, he also said when he put the machine on for the codes that he had to play trial and error as the engine didn't match the car or something so he asked me whether the engine had ever been replaced, which I don't know). I've told him not to do any of the work and I'll take the car away for now whilst I deliberate what to do. 

So, on the consumer rights act, I've given him chance to repair, the repair has failed, he's now refusing to do anything point blank, said to the Mrs that we should do what we think we have to when she mentioned the consumer rights act to him so I'm wondering what do I do now, proceed with small claims? 

My fear is the length of time it will take to complete the claim, I've read that I shouldn't drive the car if I've decided to reject the car, this then leaves me without access to a car whilst the claim is ongoing, we borrowed money for this car so it's not like I can just go out and buy another one. 

So do I suck it up, fix the problems and hope for the best. Pursue money back via the legal routes or sell the car (selling the car doesn't sit right with me so it would have to be sold for scrap or at a heavily discounted price with history of what's happened). 

Help!

tacpot12

Do you have home insurance? If so , check to see if you have legal expenses cover. If you do, call the Legal Helpline provided by the insurer for their advice. They might even represent you in court. 

I would expect them to chase to get your money back, as the Consumer Rights Act protects you if the dealer's attempt at a repair fails. After 30 days, the dealer can made a deduction for the amount that you have used the car. It would be best not to drive the car as you risk doing it further damage, and it becomes harder to unpick the damage that was there when the car was sold or became faulty, and what has happened subsequently.

Who did you borrow the money from to buy the car? If they have a licence to lend money, they are also liable for the quality of the vehicle, but if you have borrowed from a friend or family member you have no such protection.

Sharp1986

tacpot12 said:

Do you have home insurance? If so , check to see if you have legal expenses cover. If you do, call the Legal Helpline provided by the insurer for their advice. They might even represent you in court. 

I would expect them to chase to get your money back, as the Consumer Rights Act protects you if the dealer's attempt at a repair fails. After 30 days, the dealer can made a deduction for the amount that you have used the car. It would be best not to drive the car as you risk doing it further damage, and it becomes harder to unpick the damage that was there when the car was sold or became faulty, and what has happened subsequently.

Who did you borrow the money from to buy the car? If they have a licence to lend money, they are also liable for the quality of the vehicle, but if you have borrowed from a friend or family member you have no such protection.

Hi, thanks for the response. I'll check insurance but doubt I paid for legal cover on my house insurance. To be fair I've read that in small claims it's best not to be represented but that could be wrong, I'll do more research before getting there and my sister is a solicitor so if push came to shove I'm covered. 

The car has been used in 3 months for 550 miles a large proportion of them are going to his local garage and his garage testing the car. I'll be arguing hard for no deductions in court, prior to court I'll be more open to negotiations as I will be happy with the majority of my money back. 

Car is sat on the garage from today, I've sent a letter recorded delivery rejecting the car (see below). Just picked the motor back up from my garage who gave it a look over for me, the engine lights current coding is to do with the catalytic converter, the exact same code found on 5th August from him, I couldn't remember exactly so I've just spent ages going through my browser history and sure enough 5th August 17:41 I searched for that exact code after seeing it on his machine over his shoulder (he told me it was probably a dirty sensor and to carry on driving). 

On top of the error code my local garage found that the car is leaking water and the coolant is exiting at an alarming rate, he lifted the bonnet up to show me something else and as soon as he did he was shocked to see all the coolant he has put in as gone so it's highly likely that the head gasket has gone, he mentioned due to the car, the part and the labour involved I'd be looking at £600 is as a rough estimate but then there would be the issue of the catalytic converter so for me it's a no brainer, I have to take him to court even though I'm now without a car for up to 30 weeks (small claims court service level estimate in the area, I rang up today to check) as I can't afford a replacement without that money back. 



This is the final letter I've sent the dealership before I start court action next Friday. 

I hope this letter finds you well. I am writing to address a matter regarding the recent purchase of a vehicle from your dealership. On August 2nd, 2023, I purchased a Vauxhall Corsa () from your establishment, with high hopes of acquiring a reliable and safe vehicle. Regrettably, my experience with the vehicle has been far from satisfactory, and I am now left with no other choice but to exercise my rights under the Consumer Rights Act 2015.

 

Since the acquisition of the Vauxhall Corsa, I have encountered a multitude of issues, making it clear that the vehicle is not of satisfactory quality, not fit for purpose, and does not meet the expectations one would reasonably have for a car of its age and price. The troubles began almost immediately, and I believe it is crucial to outline the timeline of events to establish a clear understanding of the situation:

 

August 4th: Shortly after the purchase, the engine warning light illuminated, indicating a problem with the vehicle. I promptly contacted your dealership, and you advised me to drive the car while disregarding the issue.

 

August 25th: Due to the continued problems and doubts about the vehicle's reliability, I sought an independent evaluation from my local garage, which identified multiple fault codes, including issues with the thermostat, Electronic Control Unit (ECU), and steering sensors.

 

September 18th: I returned the car to your designated garage at your request for inspection and repair. The thermostat was replaced, but subsequent issues continued to plague the vehicle.

 

September 22nd: The engine coolant light illuminated once more, and I promptly topped up the coolant. Concerned about the recurring issues, I returned the vehicle to your garage, where it remained for a week as the mechanics conducted a thorough investigation. Unfortunately, their efforts yielded no conclusive results, and they suggested that I keep the car running and driving for the next several weeks, as they were unable to determine the problem definitively. They believed that the only way to know if it was truly resolved was to continue using it. Following their recommendation, I continued to drive the vehicle, covering an additional 50 to 70 miles without any apparent issues.

 

October 18th: Despite the period of use per your garage's suggestion, my hopes of a resolved situation were shattered when the engine warning light reappeared on October 18th after only 50-70 miles use, indicating that the issues persist. Frustrated and concerned for my safety, I sought a second opinion from an independent garage. Today, they have informed me that the vehicle is once again devoid of coolant and is actively leaking water, alongside several other issues, which I have requested to be documented for clarity. This ongoing pattern of problems and the undeniable safety concerns have left me with no alternative but to assert my rights under the Consumer Rights Act 2015.

 

It's important to note that the vehicle has only covered less than 550 miles since my purchase, which further indicates that the issues are not a result of normal wear and tear, but rather significant underlying problems with the vehicle's condition.

 

Considering the extensive list of issues, the inconsistent service provided, and the vehicle's ongoing unreliability, I am left with no choice but to reject the Vauxhall Corsa as allowed under the Consumer Rights Act 2015. The Act clearly states that when a product is faulty, not as described, or not fit for purpose, the consumer has the right to reject it and request a full refund.

 

I urge you to acknowledge my rights as a consumer and adhere to the following course of action within seven (7) days of receiving this letter:

 

Confirm in writing your acceptance of my rejection of the Vauxhall Corsa.

Provide a full refund of the purchase price, which was £2,800, in a timely manner.

Arrange for the collection of the vehicle at your expense.

If you fail to respond adequately and promptly to this request, I must inform you that I will have no choice but to pursue legal action through the small claims court to secure my rights under the Consumer Rights Act 2015. I believe that such action is regrettable but necessary to ensure a just resolution to this matter.

 

Please understand that I have refrained from driving the vehicle since deciding to reject it, as I have read that doing so may be unadvisable once a rejection has been made. This situation has put me in a difficult position, and I would appreciate a swift resolution to avoid further inconvenience and costs.

 

I hope that it does not come to legal action, and I trust that you will address this matter seriously and responsibly. I look forward to your prompt response, and I remain open to an amicable resolution to this issue.

tacpot12

Do check your insurance as you might be surprised. Legal Expenses Cover is often included and many people don't realise they have it until they check. 

Your letter looks fine, but I think you should add that in order to settle the matter amicably you would settle for a small deduction to reflect the (limited) use you have had of the car. The dealer will probably win that point in court, and taking them to court will cost you money, so you might as well let them propose a deduction for you use. I would settle with them for any deduction less than 10% of the sale price. More than 10% would seem excessive.