Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
I bought an X reg Vauxhall Tigra (2000 plates) on Saturday (almost 6 days ago) and have taken it to a reliable mechanic today to check that everything's okay with it. Shame I couldn't have done that before buying it...
The list of faults are as follows:
The 2 front seat belts don't lock at all so very dangerous in the event of a crash as it's pretty much the same as having no seatbelt on at all!!!
Serious oil leak affecting the cam belt (which the car salesman said he'd just changed at his own expense because he wasn't sure how long ago it had been done. Nothing to do with hiding the fact that there was a bad oil leak going on........)
Reverse lights don't work
One of the front tyres is perished and cracked as is the spare which is also flat
The hand brake cable is new but has been fitted incorrectly
Exhaust heat shield is loose and rattling
Aircon needs gassing - could this be covered under the sale fo goods act as the car was advertised with Aircon so I would have expected it to work?
I have got a 3 month warranty on this car which covers mechanical stuff but no wear and tear but as the car is only 6 days out of his forecourt which of these things can I try and get repaired via the garage? Really cross about the oil leak as he evidently knew about it when he replaced the cam belt and said nothing. In fact he said nothing about any of these faults at all. I'm trying to get hold of the guy now but he's already being evasive
You are still legally entitled to reject this vehicle. You have two options - both under the Sale of Goods Act 1979 (as amended):
1. Reject the vehicle, ask for a full refund and go elsewhere
2, Ask for repairs to be done
Do this in writing, listing the issues and finish the letter with (check my spelling first)
"under the Sales of Goods Act 1979 (as amended) your are legally required to supply goods that are of a satisfactory quality - It is my belief that a reasonable person would not deem this vehicle to be of satisfactory quality, you are therefore in breach of contract.
I am making time of the essence, if you do not fix all of the above faults within the next 14 days I will (alternate endings here - your choice)
a. exercise my right to reject the vehicle and expect a full refund. b. have repairs carried out by a garage of my choice, with expectation that all costs are reimbursed by yourself.
Should you fail to meet this request i will be left with no alternative than to pursue you through the county court."
Check on Warrington trading standards web site for alternate letters. You don't have to put up with this - be strong!
Thanks for your response and the good advice. I've spoken to the guy at the garage I bought it from and explained all the problems which had been highlighted by the garage I took it to. He said to bring it in on Tuesday and he'd get his repair centre to have a look at it, asking me to bring the report from the garage I've been to. So far so good. I love the car and would really like him to do the repairs so I can just drive away the car I thought I'd bought. Fingers crossed they do everything and don't try and charge me!
He did have the nerve to ask why I'd taken it to an independent garage for a check after buying it from a reputable car dealer such as himself
I still think you need to capture your requirements to him in writing - I had similar issues to you and the dealer was very amicable and always gave the impression that he would fix the issues, and tried to on several occasions. Three months later I finally put it in writing at which point matters were finally resolved (in our case it was a replacement vehicle) - don't rely too heavily on good will. Equally you might want to consider how you will feel in 3 months if the issues still aren't resolved - by which point you will have possibly lost the ability to reject the car. If you state in writing something like - "I do not accept this vehicle until all faults have been resolved, and reserve the right to reject it if these faults are not resolved within the next 28 days" This gives the dealer plenty of time to resolve the faults - and there is no ambiguity should this drag on.
Sorry to 'hijack' this thread, I was under the impression that every used car you purchase, by law, has a 3 month warranty. A dealer I argued with today thought different, am I right ?
I would not trust a car dealer at all now and get everything in writing, if he can not or will not fix it in seven days take the car back to him and tell him you want a refund. A judge would laugh at the dealer if you went to court as he is by law not allowed to sell a car which is faulty no matter what and safety concerns are even worse.. if he offers to reapir then remember to get the car checked independently afterwards to ensure everything has been done to a satisfactory condition...BE CAREFUL too many people get ripped off by car dealers and once you have put up with them it is difficult to sort them out.
The Law is quite clear - for the first 6 months the onus is on the dealer to prove that the car was not faulty when he sold it - it's called the reverse burden of proof. Warranty is totally irelevant, this is about consumer rights. As previously stated the dealer must sell a vehicle that is of Satisfactory quality - this includes being safe and free from minor defects, unless pointed out at the time of sale - the measurement of what is satisfactory is as deemed by a reasonable person - you must also consider what could be normal wear and tear and the price that you paid.
This comes from the consumer direct website:
When buying from a dealer, the law says a car must be:
Of satisfactory quality. It must meet the standard a reasonable person would regard as acceptable, bearing in mind the way it was described, how much it cost, the age and the mileage on the vehicle. Amongst other things, this covers the appearance and finish of the car, its safety and its durability. The car must be free from defects, except when they were pointed out to you by the seller.
As described. If the advert states “air conditioning and CD player” then the car should come with these features and they should be working.
Reasonably fit for any normal purpose. It should get you from A to B.
Reasonably fit for any other purpose you specify to the seller. For example, towing a caravan.
These rights are not affected by any mechanical Breakdown insurance (which is often sold by dealers if the manufacturer's warranty has run out), guarantee or warranty giving additional protection. Once a trader gives a warranty it becomes an agreement on its own, but it is not your legal right to demand a warranty from the trader.
If you inspect the car, or someone does so for you, the dealer may not be liable for any faults which should have been uncovered by the inspection. It's a good idea to get a description of the vehicle's condition from the dealer: ask whether there is a pre-sale inspection checklist
If the dealer does not repair or repairs poorly please dont put up with it, you can buy a car anywhere and you will find another the same without the faults, so put it back and demand your money back.
Thank you all for the great advice. I'm certainly much more clued up about things now
My car's been with the original garage since yesterday morning and they've just called to tell me that everything's been sorted out and I can collect it tonight. Apparently they've been through the list I left with them (from my independent garage man) and have done the lot. Obviously I will be taking this back to my guy to confirm it's all been done okay but it's looking good. I'm glad it's all been amicable so far but I am prepared to be tough if I have to, armed with all your good advice so thanks again.
Used car problems - what can I expect?
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