Consumer Rights Act 2015 - Used First Car, can I claim?

fuzzycat9812

there is no legal requirement for a buyer to check MOT history before purchase - under the Consumer Rights Act 2015, the responsibility is on the dealer to supply a vehicle of satisfactory quality and free from significant defects. The MOT advisory for a leaking front exhaust supports that the emissions system fault was present or developing at the time of sale

Isthisforreal99

https://forums.moneysavingexpert.com/discussion/comment/81975250#Comment_81975250

It's called common sense and due diligence. You are a naive firat time car buyer who, for some reason, chose to buy a 12 year old car with 2 months MOT on it.

Surely it's all a moot point if you "know where he lives and will get your money back another way"

Aylesbury_Duck

https://forums.moneysavingexpert.com/discussion/comment/81975250#Comment_81975250

There will be all sorts of "developing faults" on a 12 year old car. Brake pad wear, clutch wear, etc. What's uncertain is whether the leak is considered a significant defect. The warning light attributed to it is helpful because that means it would fail an MOT.

It's not unlawful to sell a car with an MOT advisory, providing that advisory was not deliberately concealed.

Anyway, you have two options here. Take your mechanic's full 25-minute inspection report and complete diagnosis to the dealer, with the threat of suing them if they don't refund you, or give it the big-man routine.

LightFlare

https://forums.moneysavingexpert.com/discussion/comment/81975250#Comment_81975250

for a 12 year old car with 100k+ you would be mad not to though

It’s free and very easy

Just to add/ask - is “your” mechanic in anyway related to you ?

I ask, because reports generated for court action have to be deemed to be totally independent

Aylesbury_Duck

https://forums.moneysavingexpert.com/discussion/comment/81975355#Comment_81975355

And real .

PTP123

This has to be a wind up.

Your car costs les that a half decent mountain bike and you broke the golden rule of car buying……

AVOID CARS FROM BRADFORD

fuzzycat9812

https://forums.moneysavingexpert.com/discussion/comment/81975355#Comment_81975355

no, he is not

born_again

https://forums.moneysavingexpert.com/discussion/comment/81975250#Comment_81975250

True there is not a legal requirement & dealer could easily say car is "satisfactory quality and free from significant defects." Given age, mileage & cost. Which plays a part in CCR on cars.

Except that you are buying a 12 year old car with 100K+ miles & a 10 month old MOT. So you have no idea what has been done in the 10 months prior to purchase.

Although MOT only tells you what car is like @ the point of test. It can still be unroadworthy once it has been tested & driven on the road.

Cat is a consumable & (Catalytic converters typically last between 70,000 and 100,000 miles or roughly 10 to 15 years) So is on the verge or over needing replacement. Had you had a MOT done then you could have put the ball in dealers court to replace.

Good luck getting anywhere, as you paid cash (no other way to get money back) as dealer will just walk away, telling you to take them to court, knowing they will just shut down & reopen tomorrow under a different name.

Aylesbury_Duck

https://forums.moneysavingexpert.com/discussion/comment/81975643#Comment_81975643

The timing belt is in a similar situation. The replacement interval is 60k miles or 6 years. At 12 years and 124k miles, it's due right now. I suspect that OP's belated realisation of this, and the high cost of wet belt replacement, is what's behind trying to engineer a return on the more trivial matters of spark plugs and exhaust leak.

I bought a 2014 wet-belt fiesta two years ago, and made it a condition of the sale that the dealer replace the belt, even though it wasn't due for another two years. I love the way the engine drives for such a small unit, accept the risk of the "ecoboom" engine and get it serviced very regularly, slightly ahead of schedule. The car was priced accordingly. My local Ford dealer has dozens of ecoboost fiestas and focuses at good prices because of the wet belt reputation.

fuzzycat9812

I have sent them a letter before action. when i sent them my notice of rejection, they replied stating they were willing to replace the catalytic converter. when i replied stating i want to reject, they said "goodluck" then i sent the lba.

waiting 14 days, 8th of may filing small claims

have saved all details on companies house including person listed