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  • FIRST POST
    • 129T
    • By 129T 14th Jan 20, 8:25 PM
    • 9Posts
    • 0Thanks
    129T
    Paint and Lacquer falling off bumper...advice please!
    • #1
    • 14th Jan 20, 8:25 PM
    Paint and Lacquer falling off bumper...advice please! 14th Jan 20 at 8:25 PM
    Hi all,

    I bought a car late November, a Golf GTi, from an independent trader up in Newcastle. When I bought the car I had a look round it and it a looked ok at that time (it was freezing and covered in water though). I bought the car for 16.5k and put a 2.5k deposit down and financed the rest. I was told the car had never been in an accident and shown the HPi report. The car was advertised as 'stunning' condition and 'we prepare our cars to the highest standards'. I still have the autotrader advert...

    Fast forward 3 weeks...I noticed a huge chunk of lacquer peeling back from the nearside edge of the bumper. There is also a large chunk of laquer missing from where one of the reversing sensors are, to the number plate recess (a different area). I have also noticed bubbling round the edges of the bumper and areas where paint has just come off So I contacted the dealer and they stated it was not their responsibility! I then went to the finance company who have investigated and state that the dealer will only contribute 200 towards to cost of repair. They also say that I should have noticed the damage. BUT it isn't damage. Its a poorly bodged paint job that was not prepped properly and has now started to fall off.

    I have had three quotes to get it done propely (strip paint, repaint and lacquer). They come in at 700, 800 and 900 (approx.).

    The finance company are not playing ball now, and the dealer wants to palm me off with 200 (a joke!).

    As far as I'm concerned it breaches the CRI and CCA as it should be of satisfactory quality. It isn't. 16.5k, three weeks later the paint falls off? That's rubbish.

    So what do I do now? I have checked and the dealer is not a member of the Motor Ombudsman Scheme. Do I use the financial ombudsman against my finance company? Or go straight to small claims action against the dealer?

    HELP!

    Thanks
Page 1
    • Shaun of the Dead
    • By Shaun of the Dead 14th Jan 20, 8:50 PM
    • 380 Posts
    • 298 Thanks
    Shaun of the Dead
    • #2
    • 14th Jan 20, 8:50 PM
    • #2
    • 14th Jan 20, 8:50 PM
    Hi all,

    I bought a car late November, a Golf GTi, from an independent trader up in Newcastle. When I bought the car I had a look round it and it a looked ok at that time (it was freezing and covered in water though). I bought the car for 16.5k and put a 2.5k deposit down and financed the rest. I was told the car had never been in an accident and shown the HPi report. The car was advertised as 'stunning' condition and 'we prepare our cars to the highest standards'. I still have the autotrader advert...

    Fast forward 3 weeks...I noticed a huge chunk of lacquer peeling back from the nearside edge of the bumper. There is also a large chunk of laquer missing from where one of the reversing sensors are, to the number plate recess (a different area). I have also noticed bubbling round the edges of the bumper and areas where paint has just come off So I contacted the dealer and they stated it was not their responsibility! I then went to the finance company who have investigated and state that the dealer will only contribute 200 towards to cost of repair. They also say that I should have noticed the damage. BUT it isn't damage. Its a poorly bodged paint job that was not prepped properly and has now started to fall off.

    I have had three quotes to get it done propely (strip paint, repaint and lacquer). They come in at 700, 800 and 900 (approx.).

    The finance company are not playing ball now, and the dealer wants to palm me off with 200 (a joke!).

    As far as I'm concerned it breaches the CRI and CCA as it should be of satisfactory quality. It isn't. 16.5k, three weeks later the paint falls off? That's rubbish.

    So what do I do now? I have checked and the dealer is not a member of the Motor Ombudsman Scheme. Do I use the financial ombudsman against my finance company? Or go straight to small claims action against the dealer?

    HELP!

    Thanks
    Originally posted by 129T
    Hasn't Christmas 2019 happened where you are yet?
    • 129T
    • By 129T 14th Jan 20, 10:22 PM
    • 9 Posts
    • 0 Thanks
    129T
    • #3
    • 14th Jan 20, 10:22 PM
    • #3
    • 14th Jan 20, 10:22 PM
    Wow it took that long to come up with that one? Thanks for the comment, but when I said 'fast forward 3 weeks' is when the problem manifested, not the date I think it is now.

    Thanks though, great help.
    • AdrianC
    • By AdrianC 15th Jan 20, 8:08 AM
    • 27,591 Posts
    • 27,774 Thanks
    AdrianC
    • #4
    • 15th Jan 20, 8:08 AM
    • #4
    • 15th Jan 20, 8:08 AM
    The only relevant date is when you notify the trader of the issue.

    What age of car are we talking about here?

    The trader simply cannot say with any certainty that there's never been bodywork done to it - only that there's no record of it having been written off, and he's not aware of any other damage. There's simply no record, and he's reliant on whatever paperwork he may have. Something like a third of new cars have bodywork repairs before they're even registered.

    All your legal rights are tempered by reasonable expectations for used goods of that age, price, apparent quality. You have a car that's somewhere around 4-5yo? And about half the price of a new equivalent. It's not reasonable to expect it never to have had any bodywork repairs since it was new, which severely limits your legal rights if you're coming from that angle - so rejection is going to be disproportionate, even if you did notify them within the 30 days of purchase.

    Were the repairs competent? You have no contract with whoever repaired it, even if you could identify them. But it is reasonable to expect the paint to be in a condition commensurate with a "stunning" 4-5yo car, and - you're right, that doesn't include peeling badly in a few weeks.

    They've offered 200 towards repainting the bumper. You need to decide whether to accept that, or whether to try to get more of a contribution. I think you're going to have to start with a letter before action, then small claim. Good luck.
    • 129T
    • By 129T 15th Jan 20, 10:40 AM
    • 9 Posts
    • 0 Thanks
    129T
    • #5
    • 15th Jan 20, 10:40 AM
    • #5
    • 15th Jan 20, 10:40 AM
    Thanks Adrian. The problem came around 3 weeks after but due to work and Xmas I could not notify the dealer until after Xmas (over 30 days). The car is a 2015.

    Can I not claim against the finance company under sec 75 consumer credit act? I know they have already said no but is it worth going through the financial ombudsman? Or is it straight to small claims?

    Thanks
    • foxy-stoat
    • By foxy-stoat 15th Jan 20, 11:07 AM
    • 5,731 Posts
    • 3,548 Thanks
    foxy-stoat
    • #6
    • 15th Jan 20, 11:07 AM
    • #6
    • 15th Jan 20, 11:07 AM
    You have to make a complaint in writing and have your response also in writing before the ombudsman will get involved.

    If your going to go down the small claims, are you going to get your repair done first then reclaim all the costs? You will need invoices etc etc.

    Good lucks
    • RealBobbyDazzler
    • By RealBobbyDazzler 15th Jan 20, 12:58 PM
    • 28 Posts
    • 8 Thanks
    RealBobbyDazzler
    • #7
    • 15th Jan 20, 12:58 PM
    • #7
    • 15th Jan 20, 12:58 PM
    I feel you should have noticed this, bubbling & peel at least.. so I'd say it's mostly your responsibility for still purchasing the car without first checking it over thoroughly. However, if you believe the repair has been made recently, why not try and find the bodyshop the garage used if it wasn't them and see if they will rectify it.
    • MEM62
    • By MEM62 15th Jan 20, 1:08 PM
    • 2,918 Posts
    • 2,597 Thanks
    MEM62
    • #8
    • 15th Jan 20, 1:08 PM
    • #8
    • 15th Jan 20, 1:08 PM
    I think that your case is weak. It is a used car and therefore will not be factory fresh - allied to the fact that you viewed it before purchase and, presumably, these issues have not appeared since purchase. As for acceptable quality, it is car. Does it do the job of a car in a satisfactory manner that can be expected of a 16k car? I suspect that, for the overwhelming part, the answer is - yes.

    I understand your disappointment, probably heightened by the frustration of not spotting the poor paintwork before purchase, but this may well be an argument that you do not win. Suck it up and, if it is that important to you, have the paintwork rectified yourself.
    Last edited by MEM62; 15-01-2020 at 1:11 PM.
    • 129T
    • By 129T 15th Jan 20, 2:29 PM
    • 9 Posts
    • 0 Thanks
    129T
    • #9
    • 15th Jan 20, 2:29 PM
    • #9
    • 15th Jan 20, 2:29 PM
    Just to clear both the above posts up...

    The paint WAS NOT peeling when I viewed the car. 3 weeks later and its coming off in chunks.

    I believe that the car had been poorly budged to make it look good. Obviously after 3 weeks of use the paint and clear coat is peeling away. There was no way of telling this at time of sale. The edges of the paintwork is now bubbling up to. Again this was not like it when I bought the car. I do not believe this to be of satisfactory quality when the car cost me 16,500.
    • Luke1066
    • By Luke1066 15th Jan 20, 2:48 PM
    • 68 Posts
    • 34 Thanks
    Luke1066
    Quick question. How do you clean your car? As in do/have you use/used a pressure washer?
    • MEM62
    • By MEM62 15th Jan 20, 2:54 PM
    • 2,918 Posts
    • 2,597 Thanks
    MEM62
    Your original post makes reference to the car/conditions being "freezing and covered in water" at the time of viewing. I took that to be a factor in your not spotting the issue. Otherwise, on the face of it, it is irrelevant information.

    I still believe that it is an argument that you are not going to win. However, if you feel otherwise, don't listen us - crack on. Let us know how it goes.
    • RealBobbyDazzler
    • By RealBobbyDazzler 15th Jan 20, 3:25 PM
    • 28 Posts
    • 8 Thanks
    RealBobbyDazzler
    As I posted above - "why not try and find the bodyshop the garage used if it wasn't them and see if they will rectify it". Also Luke posted a good question if you're using a pressure washer, especially on new paint it's not advised (nor is wax etc) until paints a few months old.
    • 129T
    • By 129T 21st Jan 20, 3:40 PM
    • 9 Posts
    • 0 Thanks
    129T
    Guys to clarify,

    The paintwork started reacting and falling off after 3 weeks of ownership. It was not present on viewing and sale. I would not expect this from a 4.5 year old VW and in any case that bumper has had a respray in the past (as pointed out be a professional coachworks company). It is impossible to find out who worked on the car before I owned it. I was sold it as never been in an accident, not accident repaired.

    But...

    The dealer does have a duty to sell vehicle's of satisfactory quality. I would argue that satisfactory quality and paint falling off 3 weeks after purchase are in issue.

    It is a low mileage 4.5 yr old Golf GTi and I would expect more. Not to pay 16.5k for a car then 700 to have it put right 3 weeks later(cheapest quote from a main bodywork specialist).

    The car is not washed with a pressure washer.

    This is now all with the financial Ombudsman anyway, I will keep you's updated...
    • AdrianC
    • By AdrianC 21st Jan 20, 3:43 PM
    • 27,591 Posts
    • 27,774 Thanks
    AdrianC
    I was sold it as never been in an accident, not accident repaired.
    Originally posted by 129T
    As has been pointed out already, it is simply not possible for the supplier to accurately give you that answer.

    Is it unreasonable to expect a bumper on a 4.5yo car to never have been previously repainted...?
    • 129T
    • By 129T 21st Jan 20, 3:46 PM
    • 9 Posts
    • 0 Thanks
    129T
    No, it is not unreasonable, but it is reasonable to expect that paint to last. This responsibility falls to the supplying dealer.
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