Faulty 2nd hand car from dealer - any come back?

[nafe]

First of all hello, sorry my first post is a question but I am at the end of my tether.

I bought a 98 (R plate) Vauxhall Astra Mk4 with 59,000 on the clock with a 3 month warranty from a dealer (of 5+ years). Problems started straight away but were "fixed" by them within a week. The problem was a squealing from the wheels and a kangarooing under acceleration.

This was not fixed and became worse and worse and I was told by the dealer to ask a garage and get back to him, so I went to a garage and no fault codes were found (at a cost of £50 to me). They said it may be a faulty coil pack. I said this to the dealer and he said without proof he could not do it under warranty.

Anyway, the warranty ran out and I thought that I had no comeback by this time.

The car has an fault where sometimes when you take the keys out of the ignition out of the car all the hazard lights will come on (not flashing) and run the battery down in an hour. This has happened about 30 times so far (and at the moment the car is sat on my drive with a flat battery as it done it again last night).

The car has another fault of when traveling at 65-70 for over 1-2 hours the engine will just cut out dead for 1/2 second over an over again, I have to drop down to 40 ish (and some times that doesent fix it). Its like hitting a brick wall when it happens.

The the car broke down 3 times on a long trip holiday (with the above fault) so I took it to a Vauxhall garage for another test (£50) and nothing came up. Broke down on the way back so I took it to another vauxhall garage for another test (£50) and nothing came up but they thought I needed a new EGR valve so I got one (£100).

All of the problems are still here and I cannot use it.


I just want to know if I have a case.

I bought the car in late October 2006 for £2000, so I have had it for just under 10 months, and out of that I believe that 2 months have been hassle free at the most and I have spent well over £250 in garage costs.

In my opinion the goods I bought are not fit for purpose for the amount of money I paid and under the sale of goods act I should be entitled to either a refund, part refund, the problem to be fixed or some money to help get it fixed.


Any help would be great as I'm left with a family car that is not safe for my family.


Nathan

[118:8]

How was the £2000 paid? in cash, credit card, debit card, trade in, finance and if so what type? HP, Fixed Sum or conditional?

Due to owning the car for more than 6 months you would have to prove there was a manufacturing fault with the car first of all by independent report(s).

Once proved you have rights against the garage, but what bit of law applies depends on the payment method? So how did you pay?

[nafe]

I paid through debit card from my main bank account.

I still have the receipts that prove i had a ecu update to solve a problem and an egr valve that are both dated within the first 6 months, will this help???


Thanks for the help.


Nafe

[MATTYFEZ]

Do you by any chance have a copy of the advert stating a full service history?

[118:8]

If debit card then you will be covered by the Sale of Goods Act 1979 (as amended) which says your contract is with the garage you bought the car from, but because you have had it for over 6 months you would first have to prove a manufacturing fault or defect.

Your warranty and your statutory rights are two different things, even if your warranty runs out you are still covered by your statutory rights (for 6 years in England).

You might need a fully independent report.

If the 'squealing from the wheels and a kangarooing under acceleration' was not fixed first time and it's still there you could push for a like for like replacement car.

[nafe]

the kangarooing has gone, but only as I have had to pay for the ecu to be updated. The squealing wheels are still there, but its the two problems mentioned in the first post that are still here, though these were found after the 3 months, but within 5 months of me buying the car, which I have bills from vauxhall to prove work was carried out because of the problems mentioned.

[118:8]

The two other problems did you get back in touch with the garage in the 5 months and tell them this?

Anything within the first 6 months you have the reverse burden of proof so you could possibly claim back any expenses for repairs in the first 6 month as the garage would have to prove the fault was caused by you or wear and tear.

To formalize the complaint why don’t you write a recorded delivery letter (and keep a copy) to the garage and if they are a franchise their head office as well. The purpose of the letter is to enforce your legal rights so make a heading of the Sale of Goods Act 1979 (as amended) then write down what the faults are, also mention the reverse burden of proof. Tell them you want the car repaired/replaced and for a response in 7 working days.

Remember the Sale of Goods Act 1979 (as amended) says your car must be of satisfactory quality, durable, safe etc (also bear in mind the mileage and age of the car)

If that fails get in touch with your local Trading Standards as some of them act as arbitration scheme for civil law issues.

Find out if the garage belongs to a motor association as most of them have arbitration schemes.

[nafe]

Thanks for the info.

The garage said they would get back to me by wednesday so if they dont I will send a letter on the thursday morning. In the mean time I will contact vauxhall garage I used for repairs and get all the help I can from them.

Thankyou all for the info, I will keep you psted.


Nath

[nafe]

Just spoke to the garages involved in the above problems, they are sending me letters stating that here was diagnostic checkes performed before the repairs were carried out, that there were no fault codes found in the ecu and the following repairs were to try to solve the main problem (the engine cutting out).

Would this be enough to prove that the car was at fault when bought? Should I be able to request a replacement/refund, as I have proved that the car was faulty within the first 6 months and even though paying for repairs the car still is not safe or fit for purpose?

Thanks again for the help.


Nath

[118:8]

Yes having or getting proof works in your favour the more sources that can give you proof the better but remember with faults in the first 6 months of purchase you don’t have to prove the fault was there!

If all the faults are still there and the garage has already had an attempt at repair then I would try push for a replacement.

If you chose to write a letter recorded delivery then be sure to also mention that you have the 'reverse burden of proof' it sometimes helps in those letters.

The letter is the first stage in enforcing your legal rights, first step towards court action, it makes and is the recognised way of making the complaint formal (recorded delivery and keep a copy for yourself).

[Conniff]

stating that here was diagnostic checkes performed before the repairs were carried out,

What diagnostic checks and by who??

If they did them then ask to see the equipment they used. If another garage did the checks for them then there will be a bill from the other garage, ask to see those.

[nafe]

Diagnostic checks were performed by and independant garage and a vauxhall one, both show no fault codes stored, though the vauxhall mechanic who done the test a second time drove the car and seen first hand the problem, could get him to write a letter for me aslo.

He diagnosed the egr valve so he disconnected it till i got back home to put into another vauxhall garage for repair. Which obviously didnot work.

I have all recipts to prove in the first 5 months and the problem is still here.


Ta


Nath

[nafe]

Should I also post copy's of the receipts I spent?

I can also (hopefully) get a mechanic from Vauxhall to write a letter stating the problems he experienced (same as I experienced).

Should I send copys of them both?


Thanks

Nath

[118:8]

Yes! Both! The more proof the better! But make sure it's copies and always keep the originals safe!

Remember to head your letter Sale of Goods Act 1979 (as amended).

If the garage says the warranty has run out remind them that your warranty and your statutory rights (Sale of Goods Act) are two different things.

If they try to pass you to Vauxhaull and say it's nothing to do with them then they (the garage) are in breach of the Sale of Goods Act 1979 (as amended).

[nafe]

I owe all of you a beer for all this help!

Just waiting for final letter from vauxhall and I will send it.

Should I call the garage before I send to see if they will help, its been a week since they said they would call me?

[nafe]

Just an update for all who are interested.

The garage that witnessed the problem will not write me a letter as they dont want to go to court (great) but I have sent a letter under the sale of goods with all receipts and proof of diagnosis and have given them 14 days to give me a refund on all money spent on repair and to agree on a garage at no cost to me to fix the problems.

I aait with baited breath (Although im not holding out as they haven't returned 1 of my calls. The boss is always "on holiday" or his mate "dave the mechanic who knows vauxhalls backwards" is goig though a "divorce and moving house")

Ahh well, we shall see.


Thanks to all those that helped.


Nafe