Learner driver been sold broken car from dealer

[Lin1303]

Help!! My fiance bought me a peugeot 206 (2000) for Xmas to help me to pass my driving test from a respectable dealer who knew i was only a learner driver. Ive had the car 4 weeks and ive only been out in it 4 times, because i can only use it at weekends when my fiance can accompany me when im driving. When we got it, we noticed a squeaky noise coming from the front offside wheel, last week i noticed a banging noise coming from the front of the car when i turned a corner or put the full steering lock on, this week when i put the full steering lock on there is a terrible whining noise coming from the front of the car or the steering wheel, its that bad im nervous driving it and i dont really want to drive it anymore as im scared of the noise. Please is there any way we can get this fixed by the dealer and what are our rights as to get a refund or the problem fixed.

[tommy.king]

dont know exactly what the sounds are as I cant hear them, I'm assuming the squeeking from the wheels would be brake pads, the banging noise when turning seems like its the CV joint, and the whinning noise when doing a full lock maybe not enough power steering fluid or a belt. If I was you I would go back to the dealer and tell them to have it checked by a mechanic, you should be covered under the Sales of Goods Acts, someone can advise if you are or not.

[MARTIN3030]

Welcome to the site.

Take the car back to where you bought it and ask them to sort it.

Make sure that you are given an undertaking that the repairs will not cost you-4 weeks is bad to have these faults.

Can you say when the last MOT was done ?

How did you pay ?

Were you offered any warranty ?

[Lin1303]

Aww thanks very much for your replys.

 

I have only drove the car 4 times in 4 weeks cos the weekends is the only time my fiance can accompany me with me being a learner.

 

I dont really know when the MOT was done, but coming from a respecatable dealer i assumed it would have been done and the car would last a few years. It has only had one owner and its a 2001 model, a peugeot 206 LX. My fiance paid cash for it with a one month warranty which excluded leaks, gaskets, belts electrics wear an tear.

I dont know where i would stand or my rights, but ive only driven the car 4-5 times locally an im sure it should not be making noises like this. Im a nervous driver anyway cos im only a learner and it is scary driving it. Oh yeah the first week i drove it, my foot was on the floor when it came to braking by traffic lights an i thought there was somethin wrong with it then cos i nearly couldnt stop!

[Lin1303]

I have just found the MOT certificate for the car, and it ran out on the day my fiance bought it. Is this legal? should the dealer have put the car through its MOT then sold it with 12 months MOT on the car before he sold it , and what are my rights.

 

I phoned the dealer this morning and he said it sounded like the wishbone with what i was telling him and that i have to pay for it and there is nothing he can do with it being the weekend and to call back on Monday morning. I have also phoned the trading standards up and they have advised me that under the sale and supply of goods act 1979, i am under no obligation to pay for any repairs considering the small amount of time i have had the car.

My head is battered over this and i dont want to be ripped off any more than i am with insuring myself to drive a car that is not driveable with me being only a learner i have not the experience in dealing with a rip off merchant like a used car dealer, which i know are very good at ripping people off!!!

[MARTIN3030]

So you was sold a car with no MOT or one that was valid only for a few hours.

Amazing.

From the description of the faults you reported,it sounds as though there are a few problems.

Its impossible to say what they are here,but obviously the braking and steering and suspension are certainties.

There may well be other problems which would only display themselves on a longer run.

Trading standards have given you what you need to know.

There are two options I think;

Either get an indipendent inspection and put it through an MOT test to see what it fails on,then get the dealer to either refund your money or carry out the repairs.

Or else take it back to the dealer and demand that they make the car roadworthy or else refund your money.

So effectively now the car has no MOT-was you driving this around with no MOT ?

Was there anything written on the sales invoice ?

Did it not occur to ask about the MOT ?

[Conniff]

First thing to remember Lin is that it is alway the drivers responsibility to check things even if it is a loan or hired car, anything wrong and it is the drivers fault. If the MoT expired on the day you bought it, that also means you were driving without insurance and could have had the car seized if you had been stopped.

Edited February 6, 2011 by Conniff
typo

[blackknight]

Would be interesting to find out how your fiancé bought the car.

It is not against the law to sell a car without an MOT.

If he said to the dealer I will take it as it is and knew about the faults and short MOT,why is it the dealers problem.

I get 2 or 3 people a month coming in for cheap cars that I have had traded in and they would like to buy them at "trade as they are " because they are after a cheap car.

I do not sell to them because of these very issues being talked about here.

I do realize not all dealers are the same.

 

Playing a bit of devils advocate here

[Conniff]

You are correct Blackknight and I think we may have jumped in a bit too soon without establishing the facts first. I have edited my post.

 

How was the car described and how much did it cost ?

 

You were told to ring back after the weekend so why have you talked to Trading Standards ?

 

Can't you get your intended to come on here, it would be so much easier than going through you all the time.

Edited February 6, 2011 by Conniff

[sailor sam]

On the face of it, it seems that your partner has gone into this purchase blindly. I find it hard to understand that anyone would buy a car of this age without asking some obvious questions... the MOT being one of them.

 

All this hinges on how the car was described by the dealer. However, it is still the dealer's responsibilty to sort out any defects in such a short space of time and it would be illegal for him to sell a car in an un-roadworthy condition as a 'runner'. Not 100% sure that not informing a buyer that the MOT runs out on the day of handover isn't classed as selling the car as being in an un-roadworthy condition.

[MARTIN3030]

Trading standards will not get involved in any event if the dealer has not been given the chance to sort things or else given a final decision.

Theres also the other point that even if the MOT was not discussed,it is reasonable to suppose that the dealer should have been aware that a car with an expiring MOT was in all likelyhood not going to be 100%

And also maybe theres an arguement that the trader had a responsibility to know about the faults.

There is also CPUT 2008.

Surely if the buyer had been aware of the condition of the car at the time they bought it,then they would not have gone ahead with the purchase.

Lets await the answers to the other questions asked.

[blackknight]

Unless it was very cheap.

[sailor sam]

Unless it was very cheap.

 

The price would not be relevent. The SOGA still applies if the car was sold as runner.

[Lin1303]

Hiya, yeah the MOT was done in December last year from the dealer my fiance bought the car from, ive found the up to date MOT:oops:. The car was bought for £1500, just for a run around to help me pass my test, which i will be taking this spring. I have driven the car 5 times, just locally, going for my shopping and doing reverse manouevres and being careful. I started hearing the banging noises when i was reversing or turning a corner, a week after the car was put up my drive way, which was on 27th December. A week later the banging noise got worse. Then a week after that, when i was reversing out of my drive a loud whining noise was coming from it when i turned the steering wheel, plus the banging noise plus the squeaky noise from the wheels when im driving it. Iv not driven the car since because im scared of it to be honest because im an inexperienced driver and dont want to put peoples lives at risk, including my own. I can only drive the car at weekends because my fiance is at work and cannot accompany me throughout the week, and as a learner i cannot drive on my own. Surely, after a short space of time i have had the car,( 5 weeks) this should not happen and makes any 1 month warranty irrelevant and the dealer should repair the car or give me a replacement or refund.

[Lin1303]

Thank you for all your replies btw, im very grateful for all your help. Iv had countless sleepless nights cos of this. Its my very first car, an was bought as a Christmas present by my fiance, so it is very special and sentimental to me, and he was told the car may be old (2001 X plate) but is a very good runner and has passed every MOT it has been through, and it has had one owner. He did not just rush into buying it, he was looking at it and the dealer assured him it would last a good few years and it would get me through my test. The dealer is aware it was for a learner.

[Lin1303]

Got no joy from the dealer cos he said the warranty has run out and told me to go through the complaints procedure:sad:

[sailor sam]

Got no joy from the dealer cos he said the warranty has run out and told me to go through the complaints procedure:sad:

 

No. The warranty is irrelevant even if it hadn't expired. He is responsible for any defect (ex wear and tear) within the first 6 n months of ownsership as such defect(s) are assumed present at the point of sale under the SOGA. In you case, there may be a good chance to reject the car due to the relilatively short time scale. Next step is to write to the dealer listing the defect(s) and give him the opportunity to inspect (his right under SOGA) and rectify accordingly at no cost to yourself. Give him 7 days from the date of your letter to respond and indicate that you may then reject the car and require a full refund. State that all further comunication must be done in writing. Sedn by recorded delivery and let us know if and when you get a response. I suggest that you do this ASAP.

[Lin1303]

I have just phoned the dealer again, an they still say im liable for the repairs. He told me to hang on a minute, an i heard him talking to someone saying to them 'im doing his head and im going on about sales of goods act etc' then he must have pressed a button because i could not hear him again until he come on the phone and told me it was going to cost me to repair it and to phone back again tomorrow because he's going to talk to his boss. I asked him what kind of business is he running treating customers this way, so he just said, look we are going round in circles here, to call back tomorrow.

I am really upset by the way i have been treated and i do not know any solicitor that will take up this for me. Its disgusting the way he is just walking all over me like some kind of bully

[sailor sam]

I have just phoned the dealer again, an they still say im liable for the repairs. He told me to hang on a minute, an i heard him talking to someone saying to them 'im doing his head and im going on about sales of goods act etc' then he must have pressed a button because i could not hear him again until he come on the phone and told me it was going to cost me to repair it and to phone back again tomorrow because he's going to talk to his boss. I asked him what kind of business is he running treating customers this way, so he just said, look we are going round in circles here, to call back tomorrow.

I am really upset by the way i have been treated and i do not know any solicitor that will take up this for me. Its disgusting the way he is just walking all over me like some kind of bully

 

This is part of the reason that you should have put it in writing because they know that you can't prove anything over the phone. If you want advice here, please follow it (as per post #17) or consult trading standards for clarification before doing anything else otherwise you risk making matters worse for yourself.

[Conniff]

Next step is to write to the dealer

 

You really mustn't phone again, recorded delivery letter only. Follow Sams advice, this is the only way to get satisfaction. Quote in the letter 'Sale of Goods Act 1979 (as amended)'.

You should tell him that if he refuses then you will take it to the dealer for repair and forward the bill to him.

 

You should consider getting a report done on the car by a third party garage.