Used car destruction blues

[tsugi]

Hi all,

Last Friday I bought a 1998 (R reg) Ford Scorpio for £900 (my bike was written-off by a garage during their test and the insurance settlement - naturally - won't get close to getting a decent bike, hence a temporary car).

I checked it over and it looked fine, even some new parts in the cooling system. Started well and ran superbly. It needed new tyres pronto, but at 900 - what the hey.

Ironically I had a blow out on the motorway - limped to the services (which were 200yds away) and as I went to get the jack, noticed fluid billowing from the engine. CAlled the RAC - upshot: 'nice new' part was crappy old part but painted, petrol tank leaks when over two-thirds full and black gaffa tape was on the dashboard covering the ABS warning light.

I called the garage and they disarmingly said - "OK, take it in" which is all to the good. My query - what share of costs do I have and do they have? I understand that if it needs a brand new part I have to pay a share (according to Trading Standards), but should labour be free? Can I, if not satisfied with the deal, just give the car back for a refund minus mileage?

[StoneLaughter]

1. Your bike. I would think that, regardless of what their insurance pay, the garage are obliged to replace the bike with one of the equivalent quality and model etc. So, if it was a '03 Hyabusa then you should expect an '03 bike of equivalent spec. They crashed it, their liability. I don't know how the Law sits on this one, but it sounds pretty reasonable to me.

2. Your car. How long was it since you bought it, when this falling to bits occurred? I would think that they misrepresented the condition of the car and therefore you would be entitled to a full refund, plus anything you spent on it. (Sale of Goods And Services Act 1984)

Just my opinion but I think you've been royally screwed; and courts don't like that...

[tsugi]

Hi Tom,

Thanks for the comments.

1. Bike - I REALLY like the garage, they're a real biker garage and were as upset as I about the dropped bike. The girl riding it is in hospital. Basically, the owner says that when I'm ready to get another bike he'll do me a good deal and I'm happy with that. I'd like to keep my relationship with the garage cool as they've been great to me over the past few years and I trust them - how often can you say that of a garage? And when you're on 2 wheels it's an important asset! I'd much rather blame the insurance company for squeezing every penny. Anyhoo - grist to the mill.

2. Car - I bought it last Friday, put a little petrol in to go for a ride. Yesterday was the big day! Filled the car Monday afternoon, yesterday morning smelled petrol but didn't think anything of it - having just filled it, it was probably a spill. Tyre blew yesterday evening. While going to check tyre in service station I noticed fluid from the engine. I called the RAC. While waiting for them I noticed petrol coming from the back (very small amount, but persisitent) and then while sitting in the car waiting, I noticed gaffa tape, peeled it back and when I turned on the ignition I saw the ABS light was lit and had previously been covered by the Gaffa.

I think that covers the order of events!

[StoneLaughter]

1. I understand; was a biker of a sort once, and bike garages tend to foster this relationship with customers. Best of luck with the claim and hope she gets better.

2. They have misrepresented the condition of the car. It's unsafe, not roadworthy and not in the condition you were led to understand at the time of the sale. It's not fit for purpose, it's not of reasonable quality. You are returning it to them within a reasonable time. Just about every condition possible in the Sale of Goods and Services Act has been met for a full, unconditional and final refund. Take it back, and ask for a full refind verbally. If no joy (whichthere won't be) write to them making the points I raise here and asking for a refund. Tell them that if they haven't responded positively within 14 days you will send a Letter Before Action giving them a further 14 days to reconsider and after that will issue proceedings without further notice. An RAC report on the condition of the car might be a handy thing to get in the meantime.

[tsugi]

Thanks again!

They were quite happy that I take the car back and they sort the problems (petrol and coolant leak) - so I'll take it back and see what options they are willing to discuss - refund or make it roadworthy.

Cheers for the advice - I shall go in well-armed.

[Rich44]

Well the ABS light being on would mean an MOT failure if it was put through one, when was the last MOT done?

I would say the garage are definatley liable for either a full refund or to pay for every single fault to be made good, I wonder whether it was them or the previous owner who covered up the ABS light you would like to think a garage would check for things like that <sigh>

Good luck getting it sorted out

[blueskies]

Originally Posted by tsugi

Thanks again!

They were quite happy that I take the car back and they sort the problems (petrol and coolant leak) - so I'll take it back and see what options they are willing to discuss - refund or make it roadworthy.

Cheers for the advice - I shall go in well-armed.

Personally I would hold out for a full refund and not visit the same garage again.They have sold you a death trap that has evidence of deliberate concealment of the fact. If they were to repair the things you already know about then you will probably find other things wrong with the car as time goes on. From the sounds of the problems it sounds like a crashed-repaired car.

Get shot of is as soon as possible as you could be the next one in hospital and you might not be as lucky.