2014 Citroen DS3 1.2 puretech Engine Fault on day of collection - advice needed

lynnemul

Hi, I'm looking for advice. I bought a car from a trader and on the day of collection (Saturday), but after log book had been transferred and balance paid, just as I was about to drive the car away, it came up with an 'engine fault'. It never left the traders forecourt. I told him I wanted a refund on the car as it shouldn't be presenting with an engine fault on the day I buy it and he got very angry with me. He said he will get a diagnostic and call me but that used cars will always have issues from time to time. At this point I left, keeping a key for the car, the original log book and the service manual and documents. He rang me the following day (Sunday) and said it was a loose wire and was being very friendly and trying to convince me to take the car which I refused to do. I find his diagnosis hard to believe given that the car was apparently serviced only a few days before. 
Having since researched the guy who owns the dealership, it looks as though he has CCJs etc and 12 months ago changed the name of the dealership in all likelihood to cover up negative reviews. 
The log book has now arrived in my name, The trader has the car back up for sale on their website but is now on holiday abroad for a week.
I have nothing in writing from him committing to a refund but in our calls he appears agreeable but I don't trust him. I'm due to be going next week to sign back over the car, give him back the docs and get a refund, but what if he refuses? What are my rightsas a consumer?
I have a video of the car saying 'engine fault'. I have kept all our whatsapp messages and I have a screenshot of the car being back up for sale.
Before anyone says it, I know I should have done more homework on the dealer but that's a hard lesson I have now learned...

Grumpy_chap

lynnemul said:

Hi, I'm looking for advice. I bought a car from a trader and on the day of collection (Saturday), but after log book had been transferred and balance paid, just as I was about to drive the car away, it came up with an 'engine fault'. It never left the traders forecourt. I told him I wanted a refund on the car as it shouldn't be presenting with an engine fault on the day I buy it and he got very angry with me. He said he will get a diagnostic and call me but that used cars will always have issues from time to time. At this point I left, keeping a key for the car, the original log book and the service manual and documents. He rang me the following day (Sunday) and said it was a loose wire and was being very friendly and trying to convince me to take the car which I refused to do. I find his diagnosis hard to believe given that the car was apparently serviced only a few days before. 
Having since researched the guy who owns the dealership, it looks as though he has CCJs etc and 12 months ago changed the name of the dealership in all likelihood to cover up negative reviews. 
The log book has now arrived in my name, The trader has the car back up for sale on their website but is now on holiday abroad for a week.
I have nothing in writing from him committing to a refund but in our calls he appears agreeable but I don't trust him. I'm due to be going next week to sign back over the car, give him back the docs and get a refund, but what if he refuses? What are my rightsas a consumer?
I have a video of the car saying 'engine fault'. I have kept all our whatsapp messages and I have a screenshot of the car being back up for sale.
Before anyone says it, I know I should have done more homework on the dealer but that's a hard lesson I have now learned...

It is possible that the issue was a loose connector, showing as an engine fault...

If the Dealer is re-advertising the car and has said they will accept the vehicle back and refund, then I think you need to follow that route on face value in the first instance.

Alderbank

I think that when you go back next week he will say he is sorry that you have changed your mind about the car and wish to return it and he will buy it back from you, but the price he will pay with an additional registered keeper on the V5C will be less, perhaps considerably less, than the price you paid. He might offer a better price if you buy a different car from him.

For an on-premises purchase you have no statutory consumer right to reject the car and get a full refund for change of mind.
If it is agreed that the vehicle has one or more 'significant' faults you have rights under the Consumer Rights Act 2015 to reject the car for a full refund, but your challenge will be to show that the warning light indicated a significant fault.

Whether a fault is 'significant' depends on the nature of the actual fault and other factors including the age, condition and price of the car. 
In the case of a 10 year old DS3 that would be a fault that could not easily or quickly be fixed. The dealer is saying that the 'fault' was trivial, a loose electrical connection, which was immediately repaired.

I think when you go back you will have three choices:

• to negotiate a reasonable price for him to buy back the car

• to have the car independently inspected to prove that the car does indeed have a significant fault sufficient to reject it

• to accept that the dashboard warning light was a trivial fault which is now fixed. You do not say there is anything actually wrong with the car's performance.

lynnemul

Thanks @Alderbank this is really helpful. I have financially incentivised him by saying that he can keep the deposit, so in essence he makes a profit from reselling the car as I know that money talks in this situation.
I'm reluctant to pay for someone to inspect the car as I'm losing more money over it and it's 30miles away so not easy to sort. I should have done this before handing any money over.
I thinks it's going to come down to option 1 or 3 on the day. If I end up having to keep the car then at this point I will take it to a trusted garage and simply have to suck up any repair costs. It's just a very alien situation hence reaching out for advice and guidance.
My nervousness about keeping the car is that it's for my 17yo and I ultimately want her to be safe and given that I've found he has ccj's and changed the name of the garage in the last 12 mths I feel I don't trust him.
I feel like such a fool 😞

born_again

TBH, 1 more owner on a 10 year old car means nothing in terms of value.

sheramber

The day before I was to collect my second hand car the dealer phoned to advise that when it was road tested after a pre sale service the engine warning light came on. The car would not be available the next day as it would need investigated. 

I collected the car two days later.

I have had it 31/2 years with no problems. 

fatbelly

Engine fault lights can come on for 1000 reasons. If it has been cleared and not come back, you're good to go.

It would be unrealistic to think you'll never have another fault on a 10-year old Citroen though.