Dealer won't pay for faulty car - what are my rights?

[CrunchieBite]

Hi All,

 

We are a couple who are not very car savvy and certainly not mechanically minded. Three months ago, we bought an eight year old Peugeot with 70,000 miles on the clock from a car supermarket. It was in visibly good condition with a single lady owner and low mileage for it's age so, we paid slightly over the valuation price Parker's gave. At the time of the test drive, a number of potential issues were brought to the salesman's attention such as a clutch pedal with high biting point and two very worn rear tyres.

 

We were told not to worry as the car would get a "intermediate service" and MoT prior to purchase - any advisories would be corrected before we picked up the car. Additionally, we were told that the car came with a three month warranty - if anything went wrong "just take the car to any VAT registered garage and get it repaired under the warranty" was the jovial salesman's line. It was also stressed not to take car back to them as they didn't do repairs on site.

 

Within the first 3 months of low mileage use:

* The exhaust had to be replaced - numerous clips were had rusted through leaving the exhaust resting on the axle;

* The clutch had to be replaced - friction plate problem;

* Two tyres needed replacing as were illegal tread depth;

* The belt and belt tensioner needed replacing.

 

The repairs, parts and labour came to just over £700.

 

The warranty company declined to cover all items bar the belt tensioner - all other items were "wear and tear" and not covered. We phoned the dealership at the time of having repairs done at our cost at a local garage and they were not interested beyond reluctantly providing a name to address a letter to.

 

We subsequently wrote to the dealership stating facts, dates, prices and quoting Sales Of Goods act - in particular the points of satisfactory quality and fit for the purpose. We requested simply that the dealership cover the items which the warranty company had declined. The dealership wrote back and declined to help stating that all faults were 'wear and tear'.

 

Having spoken to Consumer Advise, we re-wrote the dealership stating our belief that they were in breach of the sales of goods act and asking them to re-consider their position. We also stated that we would start small claims court action if we did not receive a satisfactory response. We've just received a letter back from the dealership essentially washing their hands of the whole matter - they re-state that all issues were wear and tear and go on to say that both they and the warranty company will 'vigorously' defend themselves if we bring any actions against them.

 

We've never brought a court action against a company before and would rather not open ourselves to potentially large costs / legal bills. Does anyone have any experiences with similar claims who could offer any advise on whether it is worth actually issuing proceedings in our case? Are we expecting to much from a second hand car?

[rebel11]

Hi CrunchieBite

 

Welcome to CAG

 

How did you purchase the car?

 

Here's some info, go through it:-

 

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

 

It seem's a consistent thing to write in small claims cases as a deterrent.

 

'they and the warranty company will 'vigorously' defend themselves'.

[SabreSheep]

As long as you have fair reason to being the case and it is not vexatious there is a ceiling to the amount of costs you would be liable for in a small claims case. No barrister fees to pay for example.

[Conniff]

Within the first 3 months of low mileage use:

* The exhaust had to be replaced - numerous clips were had rusted through leaving the exhaust resting on the axle;

* The clutch had to be replaced - friction plate problem;

* Two tyres needed replacing as were illegal tread depth;

* The belt and belt tensioner needed replacing.

 

 

Did you get a new MoT Pass Certificate and Advisory when you picked up the car as promised ?

If yes, what was on the advisory.

 

Are the tyres that needed changing the same ones you brought to their attention at the time of purchase ?

 

Did the clutch pedal bite at the same height when picked up as when you test drove it ie had it received attention ?

 

What belt and tensioner was replaced ?

 

Important, can you respond to rebel question - how did you purchase the car, cash/hp/debit card/credit card ?

 

 

You say "at a car supermarket", can you name the seller ?

Edited July 22, 2014 by Conniff

[CrunchieBite]

Thanks for the replies so far! To answer some of the questions:

 

 

The car was purchased on a debit card - no finance or anything like that.

 

 

When the car was collected, we were given an MOT certificate and not advised (verbally or in writing) of any advisories.

 

 

The tyres that were on the car at collection were the same ones we brought to their attention at the time of purchase....we assumed they were ok and had passed the service / MOT without issues until a few weeks later when the exhaust had to be replaced and the local company (not the seller) advised us that the tyres were illegal when they were changing the exhaust.

 

Did the clutch pedal bite at the same height when picked up as when you test drove it ie had it received attention? Yes it did. We don't know if it received any attention during the service / MOT and, not being particularly car savvy, we just assumed that it was just that the new car had a different biting point to our old car rather than having been faulty.

 

 

What belt and tensioner was replaced? It believe it was the aux belt and tensioner.

[Conniff]

First thing to do now CB is to visit https://www.gov.uk/check-mot-status and get a copy of the advisory. It's online and free. Come back when you have that and tell us what it says.

 

 

Is it a new MoT ?

[CrunchieBite]

The MOT was done the morning we collected the car by the seller so it was new yes. I will grab the relevant details tonight when I get home and let you know what the website shows.

 

 

Many thanks!

[Conniff]

Ok.

 

 

The reason for the 'how did you pay' question is to see if you have any bargaining chips and a debit card is one. You can tell the dealer that you will do a chargeback of the amount that you have paid out as the car 'was not as described on receipt'. You only have 120 days to do a chargeback, and we will help with that should it get that far.

 

 

One other question, did you pay for the warranty or was it (supposedly) given free with the car ?

[Conniff]

Have you checked on your MoT yet CB ?

[CrunchieBite]

Sorry for the delay - been a busy few days. I checked the MOT history online today and it shows a full history of MOTs going back to the very first one in 2009. The only advisory was in 2011 for "Front Brake pad(s) wearing thin (3.5.1g)". The online record also shows an MOT failure in 2013 due to "Nearside Headlamp excessively deteriorated so that the light output is severely reduced (1.7.5a)" and is immediately followed by a pass on the same day so, I assume the cause of the failure was rectified and a re-test undertaken which was passed. There is a record of a test being done from the company we purchased the car from on the date we collected the car (as expected). This test is shown as a pass with "No Advisory Notice issued"

[CrunchieBite]

Ok.

 

One other question, did you pay for the warranty or was it (supposedly) given free with the car ?

 

 

 

Forgot to add...the warranty was included 'free' with the car purchase. The warranty company AutoProtect were actually about as useful as a chocolate tea pot...having authorised the repair of the belt tensioner they actually had the front to decline to refund the cost when we initially sent in the invoice. The reason given...because the invoice did not state the cars mileage at the time it was repaired!

[Conniff]

Forgot to add...the warranty was included 'free' with the car purchase. The warranty company AutoProtect were actually about as useful as a chocolate tea pot...having authorised the repair of the belt tensioner they actually had the front to decline to refund the cost when we initially sent in the invoice. The reason given...because the invoice did not state the cars mileage at the time it was repaired!

 

You say 'initially', does that mean you have resubmitted and been paid ?

 

Is your complaint being taken any further or are you now satisfied ?

[CrunchieBite]

Conniff - yes regarding the payment from the warranty company for the belt tensioner...we had to get another invoice from the garage that did the repairs and then and this back to the warranty company and then they paid out.

 

In terms of the complaint with the garage from whom we bought the car, we our last letter asking them to reconsider there position stated that if we didn't get a satisfactory response, we would start proceedings in the small claims court. The reply the garage re-stared that they considered all faults to be wear and tear and that they would 'vigorously' defend themselves if we bring any actions against them. We are still considering whether to start small claims proceedings or just put it down to a bad experience..

[Conniff]

I wouldn't put it down to bad experience, these buggers get away with conning enough people. A small claim will cost about £50 and if you win you get that back as well.

As garages/car sales are the most complained of industry in the country, the courts will be aware of this.

 

Your choice obviously but have a think - https://www.moneyclaim.gov.uk/web/mcol/welcome