Used Car fault... do i have a case?

[daniel999uk]

Hi there,
Just looking for a little advice really! I purchased a used 03 reg Daihatsu Charade from a car supermarket in the West Mids 3 months ago. Last week i had the vehicle serviced to keep the service book up to date and was amazed to be told by my local garage that both front brake discs were so severly coroded that the pads had seized and the wheels were not even turning freely such was the friction being created. Naturally, this meant the brakes were all but working and needed immediate attention. The mechanics called the car supermarket on my behalf to alert them of this and were fully prepared to carry out the work needed to replace the discs assuming the Car supermarket would foot the bill. But surprise surprise, they're washing their hands of the car and insisting that the damage has been caused since purchase and will not accept any liability. Obviously, the work had to be done so i have paid for the discs to be replaced (nearly £300) but i have asked the garage who carried out the work to retain the old discs and in their opinion the damage is so severe that they must have been in a similar state when i brought the car. I've also got proof that this was picked up when the previous owner had the car MOT'd in May 2006 as an advisory note was issued warning of the deteriorating state of the front brake discs!
Am i right in saying that according to the SOGA the seller of the car should be footing the bill for this as it was a pre-existing defect which they firstly failed to rectify before handing me the vehicle, and also withheld from me as there is clear proof that the problem existed 12 months ago? Any advice/views greatly appreciated!

Daniel.

[delboytrotter]

Has it passed a MOT with the faulty brakes on the last 3 Months, if so was it MOT'ed at the car supermarket also....you may have a case but it is hard to prove these things

[daniel999uk]

It passed the MOT on 7th March and no advisory was issued with the pass although the problem diagnosed on the previous MOT im May 2006 can only have got worse. I have written confirmation of the problem dated June 6th, so just within the 3 months. The MOT was carried out by a garage on behalf of them i think. I'm just at a loss as to what to do, i know i have a case its just presenting it to the Car Supermarket and getting them to cough up the money.

[delboytrotter]

Where was it MOT'ed, did you have the MOT carried out or the seller,

[daniel999uk]

The seller had the vehicle MOT'd a few days before i collected it. The MOT was not carried out by the retailer as far as i can tell but by a local garage. The point i think is important is that the discs were in a bad state nearly 12 months before i brought the car and needed replacing, yet this was not disclosed to me. Is there not a duty of disclosure for this kind of thing?

[tenmill]

Ive had similar (see the thread from me in this forum), id be interested to see how it goe

[norvernrob]

It's a worthless 'dealer MOT' you've got. When collecting a car always take it for an independent MOT the same day, as many dealers have garages they use that will pass anything as they get so much work from the dealers.

They'll only do any work needed if the customer complains within the warranty period (lots wont bother) - and obviously most warranties doesn't include consumables such as tyres, clutch, brake pads, exhaust - but all these must have been fine when the dealer sold it anyway as it passed an MOT right...


It's impossible for discs to corrode that badly within 3 months, they last several years. UNLESS the pads were down to the metal and ate the discs away, which doesn't sound like whats happened to you as they would be ground and pitted, not corroded. In any case the MOT should have picked up on low pads and warned you they'd soon need changing.

I would threaten to report the garage to the Ministry of Transport as they passed a car that was obviously not fit to pass. You have the proof of the corroded discs and the warning from last year. Go to town on them and dont let up till you get your money back - then report them anyway.