Faulty 2nd hand car advice please

[Atgni]

Hey all, first post so please bear with me as this is driving (no pun intended) me round the bend!

 

Recently bought an 07 seat leon fr with 35,000 miles on it. Got it from a Mazda main dealer with 12 months Mazda warranty on it.

 

Car is what I've always wanted but it's be one a nightmare.

 

After about 30 mins of motorway driving there's a rumbling, then it gets louder accompanied by a rattling and shaking. My usual journey is 140 miles which I do twice a week with a daily 20 mile round trip.

 

In the 3 months I've had it I've had 3 brand new set of tyres on it, different makes from different places. Add to that I've had it tracked 3 times and full 4 wheel alignment checked 4 times. Tyres have cost over £1k and checks over £300. It happens at all 4 corners too.

 

Basically there's something loose or faulty with the car that causes the tyres to deform in turn causing the rattling and with it a distinct lack of confidence at motorway speeds.

 

Local seat dealer has checked it and found nothing but lent me a set of wheels to fully remove them from the fault finding. Sure enough the wobble and rattle is still there. Took a seat tech for a drive and he witnessed it. Seat want to strip it and see what's wrong but it's going to cost money, I think I've spent enough so far so turned to the original seller for help with claiming on the warranty.

 

I spoke to the Mazda dealer who basically said under the terms of the warranty only breakages caused by manufacture defect are covered and a wheel will either have to fall off or explode before the warranty will activate.

 

I'm dumbfounded at this, I've done more than I should to find the fault but I've more or less run out of patience with the car, not to mention its getting dangerous to drive on the motorway. I have to sit at 50mph in case I have to brake hard as braking distance has increased massively.

 

What are my rights on either returning the car or claiming back further costs of investigation and repair?

 

I'm currently stuck 140 miles from home with a car I don't feel confident in!

 

Thanks.

 

Scott

[sailor sam]

SOGA states that the dealer has to prove that the defect was not present at the point of sale within 6 months of purchase. Warranty does not replace or reduce your statutory rights. From your account the car is not of satisfactory quality so the seller is responsible for sorting it out. Problem is though that the fault should of been reported to the selling dealer in the first instance and certainly before letting anyone else loose on the car so you may have a problem recovering any costs you have paid out so far. But never the less the seller is liable.

 

My advice is to contact the seller first thing and inform him that you consider that the car is not of satisfactory quality and as such you require them to rectify the problem at no cost to yourself. Add that you are making this request under the Sales Of Goods Act 1979 (as amended). Also under the same act, you consider that they are liable for any repair costs which you have incurred so far.

 

Irrespective on what they say, back up the phone call in writing giving 7 days for them to respond other wise you will consider either A) Formally rejecting the car or B) having the car repaired and then perusing them for the costs.

 

No doubt they will quote the warranty again but remember, the problem is the seller's responsibility within this time scale which makes the warranty irrelevant.

 

Please keep us posted.

[Atgni]

Sailor Sam, thanks for such a detailed reply, it's much appreciated.

 

Forgot to mention that I reported a fault of the car about a month ago when there were some lights on the dash and the car wasn't driving right, early symptoms of the fault. . Seat sorted it but it wasn't covered by the warranty (diagnostics check not covered).

 

I spoke to the dealer today and he basically fobbed me off. Armed with your reply I'm going to contact him tomorrow. I still owe seat for the investigations so far so I'll receipt that too. If they still don't budge then I'll send them an email and letter stating what you have advised.

 

Due to me not wanting to drive the car my family, including my 3 month old daughter have travelled down to stay with me. Not happy with that but at least I see them and don't have to do the 140 miles home in the car.

 

Cheers.

[sailor sam]

It matters not whether the warrant covers anything or not. Unless it's a wear and tear item, then the seller is responsible within the first 6 months of ownership. Under the SOGA, the seller is suppose to have the opportunity to inspect and rectify. From what you are saying, the seller hasn't been given that opportunity. However, if we can get a straight forward decision without the seller referring to that issue, that will then cover it. Either the seller is not aware of his obligations under the SOGA or he hoping that you don't know them. To cement what I am saying, I suggest you first give your local trading standards a call and run it by them before contacting the seller. They may even contact the seller on your behalf.

[Conniff]

A shuddering in all wheels. Wheels and tyres have been eliminated. My first check would be to disconnect the ABS, the only thing all four wheels have in common and see what it's like then.

 

It seems as there might be a bit of a struggle to get this resolved, so I would suggest that you don't phone any more unless you can record the calls.

[heliosuk]

Would this apply to my sons Land Rover, bought 3 weeks ago. The clutch needs replacing at about £1000. Warrany people do not want to know.

 

Trevor33, can you start your own thread on this one or Conniff can you split out?

 

There is an issue on Landrover clutches.

 

With regards to the Seat post I'm surprised you have gone this far as for the problem to occur after a period of running rules out wheels and tyres straight away. Something is binding or on the point of seizing in the drive train. Firts thing is to disconnect the ABS system This will trigger a fault code and be displayed. Easiest way is to remove the fuse which should be marked. It will also knock out any directional stability controls you have such as ESP of DSC. Try the car. The brakes performance in terms of normal stopping will not be affected only that it is possible to lock the wheels. You will still have the same amount of braking efficiency.

 

My gut feel is that this is not the problem and the issue lies in the gearbox or CV joint. Have you heard any unsusual noises when the car is hot on full lock or when changing gear?

 

The only other thing I can think of is that the car is misfiring however the codes registered will be vey different. If you could get a read out of these it would help as then it's possible to say if it is a chassis related problem or a powertrain one. If you have this sort of information it helps in getting the car fixed or gives an understanding as to what's going wrong.

 

When changing the tyres as you state you have done, was there anything wrong with them?