Used Car Dealer Problem

[neilb1977]

Hello

I have recently purchased a 2000 (V reg) Ford Focus and upon driving the car home from the garage I noticed that at about 65mph + there is vibration through the car. I immediately informed the garage who have since had the car back twice to sort this problem.

The first time they had the front wheels balanced, and on the second occassion the rear wheels.

After picking the car up for the second time yesterday a member of staff came with me on a short trip down the motorway and recognised that there was a "small" problem. I informed him that, regardless of how he interprets the problem, it is still a problem that shouldnt be there.

The only solution he gave was to get all four tires on the car replaced - at my cost. His argument was that because all 4 tires still have plenty of tread on them and are road worthy the garage are no obliged to get it sorted at their cost. I countered that although they are indeed road worthy, they are the cause (as far as the garage are concerned) of the vibration through the car, and that the car was sold this way.

They are adamant that i should have to spend £200+ on a new set of tires even though they admit that the car was sold with tires that are the problem.

After shelling out £4k on a car i expect it to drive properly and this car just doesnt, so where do i stand legally? The garage are adamant that they wont pay anything for the new tires, so what worth is their warranty?!

I am feeling sick to my stomach that I'm being taken for a ride by this place and just want the car as it should be.

If any one can give me some much needed advice it would be greatly appreciated.

Thanks

N

[gbjadyy]

used car dealers are obliged to sort out problems directly for the first month after the car is sold, even if you purchase an extended warranty they are still responsible for the first month and not the warranty company, go back and tell them you are aware of there obligations!!!

[rosiecotton]

Not sure where you got a month from gb, this is not the case - there is no set time that they are responsible.

However they do have obligations under the Sale of Goods Act to put right any faults that cannot be attributed to normal wear and tear. This responsibility is certainly not limited to a month

If the tyres are faulty, this is not a wear and tear issue, they are clearly not of satisfactory quality and therefore the garage should put this right for you at no cost.

I would ask though how you paid for the car, as if it's on HP this will have an effect on your rights as detailed above.

[gbjadyy]

look deeper, you will find it is a month but when the problem was known within that month the timescale no longer matters after 1 month, and if there was no timescale at all then what would be the point of a warranty that people purchase, work it out for yourself, if there was no timescale then it would be like having a lifetime warranty with the seller (how nice that would be !!)
the first month also covers problems that might arise during that month so it is not limited to only items that were at fault at the time of sale.

this is not refering to the sellers obligation at the time of sale
it refers to thefact that a used car sales garage is obliged by law togive a 1 month warranty on the car

please dont confuse this with your statutory right for buying
this is aditional to your statutory rights !!

[rosiecotton]

Originally Posted by gbjadyy

this is not refering to the sellers obligation at the time of sale
it refers to thefact that a used car sales garage is obliged by law togive a 1 month warranty on the car

Tell me what law, please.

I work in the field of consumer law, and this is a law I have never heard of. So either my training has missed an important piece of legislation, or you are dreaming this one up.

Having read the SOGA top to bottom there is no reference to 1 month warranty - for the first 6 months after the sale the onus is on the garage to prove that the vehicle was not faulty when it was sold - "the reverse burden of proof". As I have done with a dispute that I have entered in to - write the garage a letter requesting that the vehicle is put to a satisfactory standard (which includes being safe), making time of the essence (7 to 14 days depending on your feeling about how much time they have already have), if they do not comply write a second letter notifying them of action - if they do not respond to this - sue their a**, if the facts are as you have said they do not have a leg to stand on.

[europa16]

It might be worth getting a second opinion on the fault. The original garage might be wrong...

[patdavies]

Originally Posted by neilb1977

I have recently purchased a 2000 (V reg) Ford Focus and upon driving the car home from the garage I noticed that at about 65mph + there is vibration through the car. I immediately informed the garage who have since had the car back twice to sort this problem.

The first time they had the front wheels balanced, and on the second occassion the rear wheels.

After picking the car up for the second time yesterday a member of staff came with me on a short trip down the motorway and recognised that there was a "small" problem. I informed him that, regardless of how he interprets the problem, it is still a problem that shouldnt be there.

The only solution he gave was to get all four tires on the car replaced - at my cost. His argument was that because all 4 tires still have plenty of tread on them and are road worthy the garage are no obliged to get it sorted at their cost. I countered that although they are indeed road worthy, they are the cause (as far as the garage are concerned) of the vibration through the car, and that the car was sold this way.

Surely if the problem is with the tyres, then the wheel wouldn't have balanced. Were they balanced on or off the car? The reason I ask is that I previously had a similar problem and it was cured by on-car balancing. However, there aren't very many garages capable of this - so you will have to search it out.