Siezed brake caliper on car bought from dealer two months ago

[robster234]

Hi,

 

My wife purchased a BMW Mini from a secondhand car dealer in May this year.

 

Car was at the top end of book price. It is a 2005 convertible.

 

When looking at the car I noticed that the front discs and pad required replacement and that the rear discs and pads were approx 50% worn and that the offside rear caliper was holding on (i.e. not fully realising).

 

They agreed to replace front discs and pads and to 'sort out' the rear caliper.

 

When the car was picked up the front discs and pads had sure enough been replaced and the rear caliper was no longer holding on......

 

....fast forward two months and 2000 miles, my wife metioned to me after returning from work that the rear brakes were making a noise, I checked them and lo and behold the rear offside caliper is siezed on, and has worn the inside brake pad to the metal, therby also ruining the disc.

 

I spoke to the dealer yesterday and I was met with the repsonse "well we only offer a one month comprehensive waranty - you can go and get a price and we might offer you something but it wont be much" I've told them I dont expect to be replacing a brake caliper (which was noticed as faulty when first viewing the car and was told had been fixed) within two months of paying several thousands of pounds for the car, this was met with the response of "you'll have to talk to the owner tommorow but you wont get much, if anything".

 

My view is:

 

 

• The fault was pre-exisiting
  
• It was not properly repeaired (if indeed anything was done)
  
• The siezing of the caliper has ruinined the disc and pads on the offside rear which no require replacement as an axle set.
  
• I would think a contribution from the dealer for 100% cost of the replacement caliper and 50% for the pads and discs (these were half worn) would be a fair settlement
  

I would welcome people's views before I go back to the dealer and put this to them this afternoon.

 

 

Thanks

[BankFodder]

The fact that the fault was pre-existing is not relevant here.

 

The fact that it was not properly repaired is not relevant.

 

If you buy a car two months ago for several thousand pounds then you would expect it not to develop these faults for a reasonable period of time.

 

This is the protection which is provided by the Sale of Goods Act.

 

The fact that the fault was pre-existing and that there was an inadequate repair, will help you evidentially.

 

I think that the settlement the you're proposing sounds very reasonable.

 

When you go back to the dealer, I would suggest that you present him with a letter which fully details exactly everything that has happened. Also, set out in writing the settlement that you are proposing and tell him that if he will not deal with you on this basis that you will be starting a legal action within 14 days.

 

Tell him that you are now notifying him of the work that you want done and that if he is not prepared to get involved then you will have the work done elsewhere at an authorised garage and that the final bill might be much more costly than if he undertook the repairs himself.

 

One word of warning – is that as you are now in conflict with the garage owner, you may find that if he agrees to do the work that he does it in a substandard way.

 

If you read through the posts on this forum, you will find that there are lots of times where a garage owner grudgingly accepts the return of the car to do work on it but in fact the work is a botched job.

 

It might be worth pointing out to him that once the work is done that you will have it inspected and that if the work is considered to be to a satisfactory standard, then you will pay for the inspection but that if it is not, then you will add the cost of the inspection to the claim that you will make.

[robster234]

Hi BankFodder,

 

Thanks for your reply. I will call them at lunchtime and then follow up with a letter to confirm things whichever way it goes.

 

I can't get the car to the dealer as it is unsafe to drive and the dealer is 25 miles away.

 

The guy I spoke to yesterday ackowledged that we couldn't drive the car back to them, he also said they would be unwilling to get the car transported back to themselves as "it would cost too much"

 

I will let you know what happens when I speak to them again.

 

Thanks

[robster234]

Well finally spoke to the dealer today after trying several times to call them and either getting engaged tone or no answer.

 

They wont pay for fast fit places to fix it. They say too expensive.

 

If we get the car to them ourselves they'll "get their mechanic to look at it". Told them that the brake was siezing on and was burning hot and down to metal on metal contact (disc to pad). Their response was the damge is done so it's not going to get any worse. That's easy to say from their point of view however if the car was involved in an accident and it was serious enough there is a very good chance that it would be deemed that the car was unroadworthy.

 

Problem is I had to tell my wife to go and get this done at a fast fit place today as she must have the car to enable her to do her job (she is mostly site based). So she has already been without the car Sunday, Monday and today. I haven't told dealer we have had it fixed as I wanted to see what they would offer.

 

I expect now there is nothing we can do as haven't offered the dealer the oportunity to inspect and repair. However to safely get the car to the dealer would involve a car transporter / tow truck and a day off work. Would should we have to sort it all?

 

I would welcome anyones thoughts on my next move (if any).

 

Thanks

[rebel11]

Hi rob

 

Here's some info:-

 

http://www.shetland.gov.uk/tradingstandards/documents/Guidanceforsecondhandcardealers.pdf