Car not fully stopping sometimes at traffic lights

1990xrider

Surely the warranty or kind of warranty offered is irrelevant though - as its within 6 months of purchase, its assumed the fault was present at sale, and thus the responsibility of the seller to repair. 

Wonka_2

1990xrider said:

Surely the warranty or kind of warranty offered is irrelevant though - as its within 6 months of purchase, its assumed the fault was present at sale, and thus the responsibility of the seller to repair. 

In an ideal world where everything is black or white then yes - but here you’re in the motor trade dealing with wear and tear/consumable items and definitions of what counts as faulty. 

Buying a (well) used car and expecting to fall back on legislation as the guarantee of last resort isn’t a wise move - at the very least have some sort of credit agreement which may carry more weight than the threat of taking the dealer to court

Only you can judge the time/energy vs likelihood of success in this case but I suspect you’re firmly in the ‘risks of buying a 2nd hand car from a back street dealer’ territory and are unlikely to see the result you think you deserve 

lcc86

1990xrider said:

Ok so where do I stand with this 

TLDR 

Car has intermittent problems with brakes. 

Independent garage has identified 3 faults with the brake system which could be causing it. Fault has been attributed to incompetence /neglect in installing new brake pads. 

Dealer disputes diagnosis. Dealer claims there is nothing wrong with the vehicle. Dealer has only fixed one fault (low brake fluid - the mechanic bled the system and replaced it, only upon me insisting on it mind you) . 

I have asked the dealer will he still at least provide me with the replacement parts as initially said, dealer hasn't responded for several days. 

Brakes are usually wear and tear but as the poor condition of the brake pads can be attributed to negligence by the mechanic used by the dealer in installation I believe that would override any claim it's wear and tear. 

Do I have a case to ask the dealer to repair the car or be subject to the small claims procedure? Itrespective of whether it's the cause of the issue, a fault has been identified and the dealer is not appearing to entertain the idea of fixing it

 Tbh given the mileage you've covered and the extremely intermittent nature of the fault I think you're throwing good money after bad going down the small claims route. If this had happened immediately after buying the car you'd probably have a much better chance but they could now argue that your own actions may have contributed given the distance you've travelled. It's a 12 year old car. Can you prove no one else has touched the brakes? Can you prove any driving style hasn't contributed? Playing devil's advocate those are the kinds of questions the dealer could throw back at you in court. They could also argue that they have offered a solution in providing the parts required to fix the problem. You've not said why you haven't accepted those parts as yet.

I remember your post about the pothole damage which didn't go anywhere despire considerable time and effort. Sometimes we just have to cut our losses. I'd try and get the parts from the dealer as originally agreed, get them fitted elsewhere and move on with my life. I'm not saying that the dealer are in the right but just thinking of balance of probabilities in court. You also seem to have very bad luck with cars...

Baldytyke88

1990xrider said:

Taken the car for the diagnosis, they say the rear left caliper is getting stuck, and the brake fluid levels are too high and of poor quality, as it was the rear brakepads which were recently replaced I wonder if that garage knocked something 

mechanic checked very low brake fluid, that was replaced.

Garage says copper grease was put on the front brake pads which shouldn't be used, which means when the car gets heated up it won't brake fully

The above is what you said in different replies, how is anyone meant to follow this when the fluid is both high and too low.

maxmycardagain

take it somewhere quiet, at 30mph slam on the brakes, see if it locks up, or, have it tested again on a MOT brake test roller