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used car brake issues. where do i stand?
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MOT only test that they meet the required std of breaking/stopping force. Not that they make a strange noise.
MOT has nothing to do with sale, only that it meet the MOT requirements at time of testing.
Life in the slow lane0 -
You are free to argue but in my opinion you need to be realistic.
You didn't buy a brand new car, but a used car of around 5 years old, so it's about expectations of a 5 year old car.
It passed it's MOT when you bought it, so in all likelihood the brakes met those MOT tests at that time. There's nothing there to suggest they would last a defined time after, though you might have gotten an advisory if they thought they were wearing low.
Brakes, the wearable parts at least are a cars most serviceable part with perhaps the exception of tyres. We all know they wear and they are exposed to some harsh elements, like salt, grit and dirt and have a tough working life turning kinetic energy into heat.
An EV uses it's brakes slightly differently due to regen, but it will use them and when they do they are stopping a relatively heavy car. Pads, discs, drums and shoes will wear and rust and distort due to heating and cooling.
So it's no surprise a car of say 5 or 6 with 40K+ miles on the clock would require attention to the brakes.
This will basically be the dealers stance on this. They aren't far off wrong but I think you know that already.
Your stance is you expected them to last longer which from a customer point of view is fair enough. You probably paid top money and bought from them to try and negate problems like this. You are their customer and you thought you would be buying a better car.
So why not try and reach out to them for a compromise? Say you would be happy to discuss an arrangement that suits both of you.
State their service to you as a customer didn't quite meet your expectations but you hope they can help change that. You would have at some point had to replace the brakes, but not so soon after purchasing the car from what you understood to be a caring and reputable business that you hoped to continue a customer relationship with.
They might be prepared to keep you happy where they might be getting upset having demands put on them. Continue with that line for as long as you can but you could try reaching further up the food chain to the dealer principle and so on if you get no joy for the sales/service teams.
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You have to note that pressing brake pedal does not always engage physical brakes, as it will force regen braking 1st via motor.
So a good trick is once a week (when safe) do a couple of emergency stops to force the use of physical brakes.
Life in the slow lane1 -
nearly every time we brake it makes the grinding noise so its moving the brakes onto the disc to a degree at least. we always use D mode to be honest, i know some use B mode instead which does regen as much as possible.
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it was sold at pretty much the higher end of values but where we live you have to go about 60 miles to find anything decent normally. i call it the extra tax we have to pay for living in the middle of no where.
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Where was the car purchased, a franchise dealer for Kia? Where was the MOT done?
It's hugely unlikely the MOT was dodgy though, not that it would really help here.
What do the brake pads and discs actually look like? Have you taken it to a small independent to have a look? It sounds like it's probably just corroded or warped discs, which would be a wear and tear thing and a relatively cheap fix at independent rates.1 -
i told them about the noise during the test drive and theyve been brushing it off ever since. they are a motor group i believe as they have several brands and dealers. havent checked where the MOT was done, but i dont think in the 30 odd years of driving used cars have they ever found even an advisory on the sale MOT. nearly always seem to find something 12 months later and 3-4k miles though. anyway a VW/Audi specailist has found the following:
front brake discs are glazed causing longer brake travel and one is scraping in 2 places causing the noise. also found the rear drum is dragging and needs the air gap adjusting.
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Sorry, the noise was present during the pre-purchase test drive - and you bought it anyway?
Did they explicitly promise to address the noise as part of the purchase deal?
From that report, all it needs is using a bit a harder to break the glaze, and the rear brakes adjusting - perhaps again lack of use so the autoadjusters haven't kicked in, perhaps the autoadjusters need a clean and manual reset.0 -
was told the noise was regen, which didnt make sense. they said they would check it.
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If you are made aware of or find a fault during the inspection of a car before purchase, it is not covered by the Consumer Rights Act. See CRA2015 Section 9 (4) (a) and (b).
Did you expressly make it a condition of the sale that the brakes would be sorted? Did you re-inspect the brakes, perhaps by taking it on another test drive, before you accepted the car? If not, you now have the answer why the retailer is doing nothing.
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