The Car People - mis-sold a car?

[Tom Servo]

Hi All

 

Newbie here after some good advice if possible

 

In May 2008 I bought a 55 plate Hyundai Coupe from The Car People. The car was sold to me as still being under Hyundai's 5 year warranty and apparently had the usual 100-and-something point check The Car People carry out on all cars.

 

However, there have been a few things since which I am not at all happy with...

 

...about 2 months after buying the car the rear offside tyre started losing pressure quite quickly. I kept going to the local forecourt and pumping it up but when it eventually became as flat as a pancake, and no amount of air would make any difference, I took it to my local garage who took the tyre off and there was a massive tear round the inside (I'm talking 1/2 the tyre wall!). I put it down to something on the road causing the tear and had the tyre replaced. Unfortunately, 10 months on the same tyre is now doing exactly the same thing and I'm beginning to wonder if it is a problem with the wheel.

 

I have noticed a loss of power since buying the car, something which has not been rectified with a service.

 

The brakes in the wet can occasionally shudder and I have nearly rear-ended 3 or 4 people as a result. Combined with the loss of power, I wonder if there is a fault with the car (but cannot afford the cost of getting it checked out by Hyundai as it is out of warranty - see below for reason why!)

 

I also recently had to book in the annual service for the car. Upon getting my log book out, I find that the last service was done more than 2 years ago - over 12 months before I bought the car - and under Hyundai's policy, as the servicing has not been kept up to date the car is no longer covered by the warranty.

 

My question is: given the wheel issue (which should have been checked under The Car People's checks) the brakes and power issue, and given that I was sold a warrantied car which clearly isn't, do you think

 

a) I have a case to go back to them and make them swap the car for another, and

b) should this swap be at the value of the car when I bought it, or now?

 

I would also appreciate any advice anyone can give as to how to approach them - just tell them the problems and hope they are in a helpful mood, or will I have to hit them with legalese?

 

Thanks

[Conniff]

Because of the length of time, you will have to show there are faults and what theses faults are. You will also have to show that these faults were present when you bought the car.

 

As for the wheel / tyre problem, swop it over with the other side and see if it still happens on the same side or has transfered to the side with the wheel.

 

Brakes shudder can be a few things. Pads/discs or bushes in the front suspension. You will need it checked out, an MoT should show up problems with suspension bushes.

[mojo8]

Most if not all garages say they will carry out a pre sales inspection consisting of so many points. If they are a reputable dealer and value your custom then all of the points you have raised should have been checked but after having the vehicle for 12 months, you may find it hard to prove that the checks were not carried out and the issues you have are down to pure wear and tear. At the point of sale were you shown the service book or told when the last service was carried out. If the dealesrhip is regulated by the FSA they must discusses the warranty with you and they must go through "needs and demands", this is a form of questionair to determine what you may require in the form of insurances and included in this is the warranty, this is done to prove that you understand the warranty situation and that when you take the vehicle you actually know for a fact that you have cover or not, either main dealer or whatever third party warranty they use, it must then be stored by a recordable medium, usually a paper record or computer based and you should also have been given a copy. My first port of call would be the dealership to go over your concerns, if they are unhelpfull then i would get in touch with the FSA and explain the situation and get them involved. I dont think you have been mis-sold a car but have been badly advised about the warranty.