2nd hand cars and consumer rights

[Allyxia]

I was wondering if anybody could tell me if you have any consumer rights when you purchase a second hand car from a dealer on finance. And if so how long do they last?

 

The reason I ask.

 

Purchased Toyota Rav 4 (5 years old) in Oct 03, settled with finance company in Nov 04. March 05 required new barings and flange total costs £1000. April 05 needed new clutch total cost £1500. May 05 gear box goes bang, estimate cost £2K.

 

Bye bye Rav, part ex'd for £1000.

 

Purchased 01 plate Renault Senic 4x4, 27k miles May 05, cost £9995 - Oct 06. Needs new engin!!!!!!!!!!!!!!

 

Either we have been very bad at driving our cars, or extermely unlucky!!! We cant afford to put this right, and we really cant afford to pay off the finance and sell the car on.

 

We lost so much money on changing the toyota, we cant beleive how unlucky we have been again!!!

 

So my question is, do we have any legal rights on this renault, or do we just have to get into more debt in order to pay for repair?

 

Thanks in advance Guys

[barracad]

When you buy goods from a trader, you enter into a legally binding contract governed by the Sale of Goods Act 1979, as amended by the Sale and Supply of Goods Act 1994 and the Sale and Supply of Goods to Consumers Regulations 2002. The law gives buyer and seller rights and responsibilities and applies to the sale of used cars in the same way as to other goods. When you buy from a trader, you have the right to expect the car to be:

• of satisfactory quality;
  
• fit for its purpose, including any particular purpose made known, and
  
• as described.

The law defines goods as being of ‘satisfactory quality’ if they meet the standard that a reasonable person would regard as satisfactory – taking the description of the goods into account, the price (if relevant) and all other relevant circumstances. So, when you have bought a used car, you must consider its age, the price you paid, the description which was applied to it and anything else which is relevant when deciding whether it is of satisfactory quality. Your expectations should be different when you are buying a low mileage, two-year-old car than when you are buying a high mileage, ten-year-old one, for example. However, it must still be:

• fit to be used on the road;
  
• in a condition which reflects its age and price, and
  
• reasonably reliable.

Was the second car bought on finance? If so, you would have a claim with the finance company too - even if the finance has been paid off.

 

 

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[Allyxia]

i think that answers it then really.

 

I feel pretty confident that, a 01 plate car with just 27,000 (now 40,000) costing £10k should not be expecting a major fault with its engin!!

 

Who would be the first port of call.

 

The finance company is Welcome, so I dont hold out much hope here (arghhhh - curse me and my sub prime credit status grrrr).

 

Thankfully Im getting back on track, and at the end of my claims I will be prime again!!!

 

But I digress, do you sugest I approach the dealer in the first instance? They are Car 4 U, and my OH says he has read loads of bad press regarding them, but I have found to my surprise nothing about them on here!!

[simon2101]

Hi Allyxia

 

Have a read through my post here:

 

http://www.consumeractiongroup.co.uk/forum/vehicle-retailers-manufacturers/23827-sale-goods-act-buying.html#post185920

 

Seems to be a similar story to what I went through. Let me know if you need any template letters to send to the dealer.

 

Simon

[Allyxia]

Thanks will do. Car up at garage as I type. They have been instructed not to carry out any work as yet!!!

[meggyweggy]

Another avenue is to contact Renault UK and see if they will take any responsibility

[chesham]

I used to work for Renault UK at their Head Office when I was Customer Relations Manager..I can safely say that due to the age of the car, and that it is second hand, you will receive a letter advising you that they will do absolutely nothing whatsoever ever again...

[Allyxia]

It was the engin coils!!

 

Garage said due to its milage it shouldnt have gone so soon!!!!

 

Ah well there £400 gone from my settlement when it comes. Tahnk god we know the mechanic and he lets us pay on the never never

[meggyweggy]

I would still get his report and go to Renault, Worse they will say is no go away

[Allyxia]

I agree.

 

Just becaus ethey can say no doesnt mean they can surk their responsibilities under the sale of goods act!!!

 

How many times have I been told no refunds etc etc