Problem with dealer

[robby71]

I bought a used car 2 weeks ago from a non francaise dealer after seeing it advertised on the internet,
The car was described as "superb condition" in 2 adverts so i thought it'd be worthwile driving 45 miles to have a look.
When i saw the car it had 3 kerbed alloy wheels, dent in n/s/r panel, boy racer induction kit fitted, stone chips.
The dealer said he'd sort out all the problems before i picked the car up and i decided to go ahead.
I collected the car the following week and when i got there they said they couldn't fix the dent as they couldn't get behind the panel (dentmaster job) - they could as if reaching under wheel arch you can get to dent?
They said they couldn't find a second hand airfilter box to replace the induction kit and weren't willing to spend £130 on a new 1 from the dealers but would keep an eye out for a second hand 1.
I wasn't happy with this and although it was in writing on the purchase order form to replace the filter to standard i got them to write a letter saying they would get a filter when they are able to get a second hand 1.
I phoned the garage up yesterday to see how it was looking and they said they hadn't found 1 but would keep looking, not happy with this i pointed out they had put £2000 onto the p/x price of my trade in and would also have added a lot to my new car so they profit they made would have shadowed the cost of a new filter?

When i spoke to them yesterday i also told them the reverse light had never worked since i bought the car even though they had given it a full service, they said they would have been at the time but i know they hadn't.

Any ideas what i should do regarding the air filter box (£130)?

hanks

[chesham]

well, in all fairness, you have agreed for them to fit an air filter but not expressed whether or not they should use a new or used - the verbal contract you describe above is agreed for a used filter, as opposed to a new one. So if they are not having any luck in finding one, could you not source one maybe and they could fit it for you?

With regards to the reverse light, when did it have an MOT? this would have been picked up and if it was just before you bought it, then bingo - you've got something major to complain about! However, you have no proof or evidence to say the reverse lights did not work when you picked the vehicle up - and you're not alone, many consumers purchase vehicles without checking for certain things (I know I haven't previously). However, it does come down to the goodwill of the garage to repair this - they aren't under any legal obligation because it wouldn't be a necessary operational component (although legally it would be) but mechanically not. As ridiculous as it sounds, the law would argue that the reverse lights are not a fundamental part of the vehicle and their failiure doesn't constitute any breach of a contract - this is in the sense that the vehicle needs to be fit for the purpose it was intended for, i.e. drive!

On the whole, you did agree to enter into a contact with the sender with full knowledge of the problems that the vehicle had, and this leaves you with little comeback, unfortunately. However, because they have admitted that they would fit a new airbox, and you have this in writing, it could be argued that it is a breach of contract - the solution to this is damages, and possibly you could argue you didn't want the car; it's not something written in stone. But it is an expressed term of a contract and they are not fulfilling it and so legally, you have a case to sue them for breach of contract. However, my advice would be as above - source one and ask them to fit it for you!

[robby71]

Hi
I don't mind having a used air filter housing fitted but for my model of car they are very scarce (never seen the model at any breakers), i'm just annoyed they say they'll keep an eye out for 1 and therefore i don't have a definate date for it to be replaced.

regarding the reverse lights - the car didn't have a MOT as it's just over 2 years old so didn't need 1, i checked the bulbs and fuses which were fine so it looks like the switch on the gearbox, this will be covered by the manufacturers warranty but due to my local dealer changing ownership i can't get it sorted until mid january - i'm just not happy it wasn't spotted when it was serviced.

The main thing i'm wanting sorting out is a replacement airbox and i was wondering where i stand, how long should i wait? what steps do i take next (who do i write to)?

Thanks

[chesham]

If it's covered by a manf warranty, then I would take it to another dealership if possible, if you cannot wait? Obviously, it's very dangerous and probably not legal to use on a road, and the fact the dealership is changing owner's shouldn't make any difference to the fact you need a manufacturing defect repaired as soon as possible??

Reference the airbox, it's annoying and it's a pain - and it just reinforces the many stories people have about car dealerships!

I have used Car Parts: Car Breakers, Used Car Parts & Engines, 4x4 Parts, Gearboxes, Ford & Volvo Auto Parts a couple of times for obscure parts when a garage says they cannot source them, and they have managed to find them for me - might be worth giving them a go? I can't guarantee that they can help, but it might be worth a try?

[Jimbo44]

Hi robby71

Just to clarify a couple of things for you. Non-working reversing lights are not a reason for a MOT failure. To the best of my knowledge they're not an MOT item and, in fact, I'm sure there's no legal requirement to have them fitted at all.

The only way the legalities come into it is if the reversing lights are on permanently and showing white light at the rear of the car when it's being driven forwards. That is illegal, hence the reason why number plate lights are shrouded, or should be.

If you've checked the bulbs and fuse(s) and they seem OK then the most likely causes are (a) the switch on the gearbox (or on the linkage between gear lever and g'box), or (b) a break in the wiring between the switch and the bulb/bulb holder. I presume you've checked the connectors/plugs on the bulb holders are fitting properly?

As far as the reversing lights not being checked on the service is concerned, I'm slightly surprised. Most manufacturers list checking these are working on their service schedules for their products. Ask the suppliers to check the relevant manufacturer's servicing recommendations in the ICME Manual (this is a publication which lists servicing schedules/times and recommended times for most replacement items from whole engines to bulbs on virtually every car available in the UK).

As for the air-box I feel this depends rather a lot on what was said about it at the time you bought the car and whether or not it's return to the standard type was made a condition of the sale. Why not try pressing the selling dealer harder for a standard one? The fact it costs rather a lot isn't your problem, it's theirs really!