Just bought a car with too many problems. Please help with advice.

[Rowen]

Hi All, I'm new to this forum thingyi so please bear with me. I just bought a Citroen Picasso from a secondhand dealer for 2.6k. He mentions a couple of minor issues with the car and says airbag light is lit cos of some wire connection problem and would be easily sorted. He gives a discount of 290 (supposedly) so we can have that put right. He lets my husband test drive it in a tiny residential area where there are cars parked on both sides which means he hardly gets to test the brakes and the gears. The car looks all right so we buy it there and then - this is our first car-purchase so we were a little exited and extremely stupid to buy into everything he said. He tells us the warranty is for 6 months but when we check later it states 5. And on the warranty card he gets the address wrong by putting his address in the first line. But the worse problems lie with the car itself.

 

As we drove home, my husband in the Citroen and I in another car trailer behind him, I notice to my horror that the brake lights weren't working. As we turn into a shopping area to pick up grocery on our way home, I watch as the rear view mirror falls off and hit my husband. As a result of the shock, he veers to the right and scrapes the back door on the driver's side against those black pole-like things on the edge of the curb causing a dent and a nasty scratch.

 

We book the car in at our local garage for a check and manage to get a slot only more than a week after the purchase, and the verdict came back that

1. there was no airbag or module in the driver's seat - hence the light

2. the driver's seat had been stripped and it appears the original cover put over the replacement seat

3.No. 3 injector was leaking hence the diesel smell in the car

4. Inner antiroll bar brushes were rattling about

5. Brake light switch wasn't working needed replacing

6. Rear view mirror wasn't securely attached - fell off as mechanic was test-driving the car

 

So what I've done now is book the car in with an official Citroen garage for an MOT (even though it's due only in May) and a more thorough check on top of the MOT afterwards at the same Citroen garage (as I think during the MOT only certain things are checked), and have asked them to replace the brake switch.

 

Can someone tell me if I have a case against the dealer who isn't too approachable after the sale and can someone also tell me, objectively, if he sold us a car that wasn't road worthy?

 

I'm really stressed over this and would appreciate any help/ideas.

 

Thanks in advance.

 

Rowen

[rebel11]

Hi Rowen

 

http://www.consumerdirect.gov.uk/after_you_buy/know-your-rights/cars/

 

http://www.consumerdirect.gov.uk/after_you_buy/know-your-rights/SGAknowyourrights/

 

http://www.consumerdirect.gov.uk/after_you_buy/making-complaint/template-letters/

 

Send all letters Recorded.

[Rowen]

Thank you rebel11. Much appreciated.

[sailor sam]

Hi and welcome to CAG.

 

You don't mention when you bought the car but I guess it was recent. The warranty is meaningless in any event because you have SOGA for the first 6 months in any event (ex fair wear & tear). Rebel has provided some good links so you will get the gist of how to proceed. It appears that the car has undergone some 'modifications' at some point so I would reject it on the basis it was incorrectly discribed and indeed was possibly unroadworthy. As soon as you send off the letter (by recorded post), you must not use the car afterwards.

[Rowen]

Hi Sailor Sam,

 

Thanks for that. We bought the car 21st Feb. Did call the seller last week on Sunday but told him I'd get back to him with more details of faults only after hearing from the garage. And the garage referred us to a Citroen garage nearby - appointment is for this Monday. You're right in saying the car is unroadworthy. The driver's seat rattles and makes you feel like you're about to fall out of your car when driving on bumpy roads. Something's not right and hopefully they'll be able to tell us on Monday. Thanks for the advice.

 

Regards

Rowen

[Rowen]

Is the seller right/justified in restricting the test-drive to a small residential area? We had no chance to really use the brakes or gears.

[sailor sam]

Hi Sailor Sam,

 

Thanks for that. We bought the car 21st Feb. Did call the seller last week on Sunday but told him I'd get back to him with more details of faults only after hearing from the garage. And the garage referred us to a Citroen garage nearby - appointment is for this Monday. You're right in saying the car is unroadworthy. The driver's seat rattles and makes you feel like you're about to fall out of your car when driving on bumpy roads. Something's not right and hopefully they'll be able to tell us on Monday. Thanks for the advice.

 

Regards

Rowen

 

To do what and who is paying?

[sailor sam]

Is the seller right/justified in restricting the test-drive to a small residential area? We had no chance to really use the brakes or gears.

 

It dosn't matter, it's irrelevant. The brakes (especially) should be in a servicable and in good order otherwise the dealer should not be seilling.

[Rowen]

For a thorough check and MOT - don't we need to prove in some official manner (maybe get a witness or two) who will verify the authenticity of our complaints?

[Rowen]

We're paying, unfotunately.

[Rowen]

You're right. Thanks heaps. Really appreciate your help. Don't know what I'd do without helpful people like you and rebel11.

[sailor sam]

We're paying, unfotunately.

 

No No No NO! If the seller has pointed you in direction of another garage, it is HE who pays. Under the SOGA, the seller has the responsibility of rectifying any defect(s) which occur within the 6 months of ownership. The seller should have the opportuinty of inspecting the car when a defect occurs. However, if he chooses to forfeit that right and allow you to take it else where, it does not follow that he should not be paying. I would strongly advise you not to proceed down this route unless the seller agrees to pay. if he refuses then tell him you will reject the car and you want a full refund under the SOGA. You should also be now communicating in writing.

[Rowen]

It was te meani tat my Dad always went to wo ad ised us to do so. tere's someting wrong wit my keyboard.

[Rowen]

sorry. te msg was silly. some keys are not working. my dad's mekanik. o dear i'm using subsitute keys now.

[sailor sam]

sorry. te msg was silly. some keys are not working. my dad's mekanik. o dear i'm using subsitute keys now.

 

Ok well I hope you get it fixed but I can only repeat my advice in my previous post. Otherwise you will have even more to recover!

[Rowen]

No, I totally get what you mean. Hopefully Monday's appointment will be the last of the tests and then we'll be writing to the seller to get our money back.

[sailor sam]

No, I totally get what you mean. Hopefully Monday's appointment will be the last of the tests and then we'll be writing to the seller to get our money back.

 

Well of course it's you call but I certainly would not be paying. Either the seller arranges and pays for the diagnosic check AND repairs, or I would reject.

[Rowen]

Just got back from the garage. Flunked MOT completely.

1. Nearside rear Direction indicator incorrect colour

2. Nearside (dim) Registration plate lamp not illuminating the registration plate

3. Nearside rear (inside out) Tyre not fitted in accordance with side wall instructions

4. Nearside rear (outer side wall) Tyre has a cut in excess of the requirements deep enough to reach the ply or cords

5. Nearside rear Tyre depth below requirements of 1.6mm

 

Here's the verdict of the diagnostics re the lit airbag light: Permanent fault. Front RH side airbag ignitor. Open circuit. (aka They couldn't find the airbag.)

 

The letter goes out tomorrow by registered post.

[Cardiff Devil]

Is the seller right/justified in restricting the test-drive to a small residential area? We had no chance to really use the brakes or gears.

 

There's absolutely no point test driving a car if you're going to just pootle around a cul-de-sac. Many faults would only become apparent when you get up to speed. Test drove a car a few weeks ago, salesman just wanted me to stay on the side roads, I insisted on taking it onto a dual carriageway. Result? Horrendous wheel vibration once we reached 50mph. Slammed the brakes on to test them from 30mph to stop, car pulled hard to the right. Very difficult to get the car into 5th gear too. Salesman tried to dismiss these as minor issues but we walked away.

[Rowen]

I realise that now - we were too naive and gulliible. It won't happen again as we'll be more careful with our next purchase.

[Rowen]

Can you believe this guy? He's received the letter obviously and calls to discuss "options" but ends up blaming us for wanting to take drive the car away on the same day we see it, rejecting his offer to get the problems he mentioned fixed. Only thing is, he didn't even know about some of the serious faults the garages discovered. Things he obviously knew like the rearview mirror not being properly secured he doesn't even mention. On the way home after the purchase the mirror falls off twice and on one of those occasions it falls off and hits the driver and causes an accident . Does he seriously expect us to trust him to do right by us? I insist on written correspondence from him and money back but he says he's not going to write to us. He seems afraid to commit anything to paper. Hmmm...very telling. Since we paid using a credit card, we've written to our bank hoping they can get the money back. What are our chances? Anyone with similar experience have any idea what his next step might be? I'm so tired. Anyone has any views on this latest development?

[Rowen]

Can you believe this guy? He's received the letter obviously and calls to discuss "options" but ends up blaming us for wanting to take drive the car away on the same day we see it, rejecting his offer to get the problems he mentioned fixed. Only thing is, he didn't even know about some of the serious faults the garages discovered. Things he obviously knew like the rearview mirror not being properly secured he doesn't even mention. On the way home after the purchase the mirror falls off twice and on one of those occasions it falls off and hits the driver and causes an accident . Does he seriously expect us to trust him to do right by us? I insist on written correspondence from him and money back but he says he's not going to write to us. He seems afraid to commit anything to paper. Hmmm...very telling. Since we paid using a credit card, we've written to our bank hoping they can get the money back. What are our chances? Anyone with similar experience have any idea what his next step might be? I'm so tired. Anyone has any views on this latest development?

[Boro]

Rowen i think you need to be realistic, firstly it is an old french car, secondly the faults are all relatively minor, if the seller is prepared to rectify the faults i would be happy with that, cant say i blame him for wanting to discuss over the phone or in person as it is much quicker than by letter and really makes no odds to you as long as anything important you have to say you do by letter for eg if he was unprepared to rectify the faults and you had to take things further

[Rowen]

That's not the point, is it, Boro? We were sold a car that was unroadworthy. There were faults that weren't even made known to us. It's funny but you sound like the seller based on what you've written. Technically, it is a criminal offence selling a car in that state. It's not about repairs and what he's prepared to rectify. Letting him have the car is tantamount to giving him another chance to botch it up further. We don't live close by so who's going to drive the car to and fro - and when we have to leave the car with him, the trouble we'd have to go to just to get back is not even worth it. this old French car may have seen better days and it's certainly nothing to crow about but unreliable dealers are by far worse than a crappy heap of junk metal.

[Boro]

lol certainly not the seller i dont sell cars, i do however work on them so understand the faults listed and the reality of them, in order to proceed further you are going to need to allow the dealer the chance to rectify the faults you where unaware of when purchasing the car, out of interest what faults did he bring to your attention when you bought the car and knock money off for?