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  • FIRST POST
    • shas79
    • By shas79 5th Mar 18, 9:19 AM
    • 1Posts
    • 0Thanks
    shas79
    Consumer Rights Act 2015 application
    • #1
    • 5th Mar 18, 9:19 AM
    Consumer Rights Act 2015 application 5th Mar 18 at 9:19 AM
    We purchased a second hand car from a registered dealer which we picked up on Sat 17 February. On Wed 28 Feb (so only 1.5 weeks later), it started making a horrid noise and the engine management light came on, which we informed the dealer about.


    On Thurs 29 Feb the garage in our village had a quick look and plugged it into the diagnostic kit and it came up with a page full of faults, so he cleared those and tried again, but 2 still came back and it showed those 2 faults had been cleared 40 times previously, so there obviously has been an issue for some time which we were not told about when purchasing.


    We believe the noise its making is not related to those faults though so there is another separate issue and our best guess is that its the differential.


    The fact it's developed these problems so quickly we asked for a refund, but the dealer at this stage is refusing (which until the garage he uses has looked at the car I can understand). He's saying:


    1) the consume act does not apply, it's trading standards (I'm not sure about this and have no done any research into trading standards).


    2) he's saying we had to prove the fault was there BEFORE we bought the car (which to add to his point he said "here's your mechanic service record which shows there were no problems", but if he goes down that road we have proof from the diagnostics there was a historic problem, as our guess is the garage didn't plug it into diagnostics).


    But I think that is the opposite to what the act says, which is that we were sold what was marketed as a fully serviceable car with no recorded problems and a fault has developed SINCE purchase and that is what makes us entitled to a refund.


    He's however saying that if the fault can be repaired then he will do that and not give us a refund, so that is the part I'm not sure how the act is applied. Are we within rights to ask for a flat out refund as a problem has developed (and quite frankly if it's got problems within 1.5 weeks we don't want the thing as who knows what problems will come out down the line), or doe he have the right to repair & refuse us a refund?


    Many thanks!
Page 1
    • AdrianC
    • By AdrianC 5th Mar 18, 10:17 AM
    • 17,356 Posts
    • 15,700 Thanks
    AdrianC
    • #2
    • 5th Mar 18, 10:17 AM
    • #2
    • 5th Mar 18, 10:17 AM
    We purchased a second hand car
    Originally posted by shas79
    How old, what price? Consumer rights for used goods are tempered by reasonable expectations for age/price/apparent condition.

    If we're talking about a 2yo car, then your reasonable expectations are very different to a 1k 15yo one.

    from a registered dealer
    A what...? Doesn't matter. He's selling in the course of business, rather than as an individual selling his own car.

    The fact it's developed these problems so quickly we asked for a refund, but the dealer at this stage is refusing (which until the garage he uses has looked at the car I can understand).
    You have a statutory right to a full refund for unreasonable faults notified within 30 days of purchase.

    He's saying:

    1) the consume act does not apply, it's trading standards
    He's wrong. Assuming you did not buy for business use, then the Consumer Rights Act does apply. Trading Standards are the council department who are charged with ensuring fair trading. If you bought it for use in your work, then it gets a chunk more complicated.

    2) he's saying we had to prove the fault was there BEFORE we bought the car
    Within six months of purchase, the presumption is that the fault was present, unless the retailer can show it was not.

    He's however saying that if the fault can be repaired then he will do that and not give us a refund
    After 30 days, that's his right.
    Within 30 days, he has no such right.

    Enforcing your rights is another question. Ultimately, if he refuses to play ball, then you need to put the car beyond your use - physically return it - then take him to court for the money.
    • Tarambor
    • By Tarambor 5th Mar 18, 11:57 AM
    • 2,826 Posts
    • 2,042 Thanks
    Tarambor
    • #3
    • 5th Mar 18, 11:57 AM
    • #3
    • 5th Mar 18, 11:57 AM
    We purchased a second hand car from a registered dealer which we picked up on Sat 17 February. On Wed 28 Feb (so only 1.5 weeks later), it started making a horrid noise and the engine management light came on, which we informed the dealer about.


    On Thurs 29 Feb the garage in our village had a quick look and plugged it into the diagnostic kit and it came up with a page full of faults, so he cleared those and tried again, but 2 still came back and it showed those 2 faults had been cleared 40 times previously, so there obviously has been an issue for some time which we were not told about when purchasing. The fix is a new clutch and flywheel.


    We believe the noise its making is not related to those faults though so there is another separate issue and our best guess is that its the differential.
    Originally posted by shas79
    Is it a diesel by any chance? On some cars when the dual mass flywheel is failing it can create a lot of metal swarf which can interfere with the operation of crankshaft sensors on some cars where the sensor is fitted within the bellhousing.
    • m0bov
    • By m0bov 5th Mar 18, 12:19 PM
    • 1,281 Posts
    • 868 Thanks
    m0bov
    • #4
    • 5th Mar 18, 12:19 PM
    • #4
    • 5th Mar 18, 12:19 PM
    Def need to know what car, age and amount. How did you pay for it?
    • motorguy
    • By motorguy 5th Mar 18, 1:05 PM
    • 16,602 Posts
    • 9,791 Thanks
    motorguy
    • #5
    • 5th Mar 18, 1:05 PM
    • #5
    • 5th Mar 18, 1:05 PM
    We purchased a second hand car from a registered dealer which we picked up on Sat 17 February. On Wed 28 Feb (so only 1.5 weeks later), it started making a horrid noise and the engine management light came on, which we informed the dealer about.


    On Thurs 29 Feb the garage in our village had a quick look and plugged it into the diagnostic kit and it came up with a page full of faults, so he cleared those and tried again, but 2 still came back and it showed those 2 faults had been cleared 40 times previously, so there obviously has been an issue for some time which we were not told about when purchasing.


    We believe the noise its making is not related to those faults though so there is another separate issue and our best guess is that its the differential.


    The fact it's developed these problems so quickly we asked for a refund, but the dealer at this stage is refusing (which until the garage he uses has looked at the car I can understand). He's saying:


    1) the consume act does not apply, it's trading standards (I'm not sure about this and have no done any research into trading standards).


    2) he's saying we had to prove the fault was there BEFORE we bought the car (which to add to his point he said "here's your mechanic service record which shows there were no problems", but if he goes down that road we have proof from the diagnostics there was a historic problem, as our guess is the garage didn't plug it into diagnostics).


    But I think that is the opposite to what the act says, which is that we were sold what was marketed as a fully serviceable car with no recorded problems and a fault has developed SINCE purchase and that is what makes us entitled to a refund.


    He's however saying that if the fault can be repaired then he will do that and not give us a refund, so that is the part I'm not sure how the act is applied. Are we within rights to ask for a flat out refund as a problem has developed (and quite frankly if it's got problems within 1.5 weeks we don't want the thing as who knows what problems will come out down the line), or doe he have the right to repair & refuse us a refund?


    Many thanks!
    Originally posted by shas79
    The dealer is full of !!!! and is avoiding his responsibilities.

    As per what AdrianC and others have said, its not up to YOU to prove it was there at the time of sale, its up to HIM to prove it WASNT. As it happened so soon after purchase, it would be deemed present at the time of sale, full stop.
    "We have normality. I repeat, we have normality. Anything you still can't cope with is therefore your own problem."
    • neilmcl
    • By neilmcl 5th Mar 18, 5:10 PM
    • 10,939 Posts
    • 7,751 Thanks
    neilmcl
    • #6
    • 5th Mar 18, 5:10 PM
    • #6
    • 5th Mar 18, 5:10 PM
    The dealer is full of !!!! and is avoiding his responsibilities.

    As per what AdrianC and others have said, its not up to YOU to prove it was there at the time of sale, its up to HIM to prove it WASNT. As it happened so soon after purchase, it would be deemed present at the time of sale, full stop.
    Originally posted by motorguy
    Not quite correct. If, presumably, the OP is looking to exercise their short term right to reject (within 30 days) then the onus is very much on the buyer.
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