Car sold with faults at time of sale?

[ntlg*]

Hi,

 

I purchased Renault Megane Dynamique from a small dealer on the 25th of Feb 2012. The MOT was passed on the same day.

 

I have had the results back from the MOT today and the car has failed on 3 points. The an off side front coil spring has snapped (the garage advised that it was dangerous to drive with this fault), the brake light switch is faulty and the steering lock also needs to be replaced.

 

My issue with this is that I purchased the vehicle with a provisional license, and the intent to learn and pass in the car. Due to random circumstances this did not happen and the car has mostly been off road for a year. I passed on the 8th of Feb and have driven the car on short trips since then.

 

I have just checked the paperwork and the total mileage on the car is around 1300 in 12 months (there were 2 longer distance trips with friends driving).

 

My query is firstly, can anyone advise how dangerous the car was to drive with the coil spring fault? How likely is it that the faults were present at the time of sale considering the low useage and would I be able to prove this if proceeding with an AA independent report, would this help to show that these issues were present at the time of sale?

 

Any information you could offer would be incredibly helpful. I apologise if these are idiotic questions but I am new to the world of both cars and MOTs so I want to have as much knowledge to hand before I call the dealer tomorrow to see if a compromise can be reached in regards to repairing the faults.

 

I initially emailed the dealer earlier today with the results of the MOT and an outline of my issue and they asked me to call them. I have not yet done so as I wanted to look into the details of the fault and to look through all the paperwork I have from the sale.

 

I have since drafted the below which I plan to email tomorrow and then follow up with a phone call later in the day, any feedback on the below would also be appreciated:

 

 

Hi,

 

 

I apologise for not calling yesterday, I was checkingthrough all of the paperwork that came with the vehicle at the time of sale.

 

 

I appreciate some time has passed since the sale of the carbut as per my previous email this car has been mostly off road since the saledate of the 25th of February 2012.

 

 

The purchase paperwork and DVLA paperwork has the mileagelisted as 50,282 and this is currently 51,768. So you can see this car has nothave enough use for these faults to naturally develop since the date ofpurchase.

 

 

It is my right,under the Sale of Goods Act 1979, to expect the second hand car to be ofsatisfactory quality (taking into account its age and mileage), meet anydescription given to me at the time of sale and to be fit for the purpose, thereforeI should expect to be able to get from A to B safely.

 

 

The MOTinspection carried out on the 25th of February 2013 showed that an offside front coil spring is required as the current one has snapped. I have alsobeen informed by the garage that it is dangerous to drive a car in thiscondition. The cost for this repair is quoted at £139.60 including Vat. A brakelight switch is also required as the brake lights are inoperable, which wouldbe £42.12. The final part required is asteering lock, but this repair has to be done via a Renault dealer who I havecontacted for an approximate cost.

 

 

As it has beenover six months since the purchase I appreciate that it is up to me to prove thatthese faults were present on the vehicle when it was sold. I will call later tosee how you wish to proceed with my complaint before taking this further but Iwould intend to contact the AA to carry out an independent report which wouldestablish the condition of the vehicle when it was sold Vs the time passed andmileage logged.

 

I would likefor arrangements to be made for the repairs to be carried out at no cost due tothe fact that these issues were present at the time of sale, whether you agreeto carry out these repairs or refund me for any costs accrued.

 

If we are unable to come to an agreement I will contactTrading Standards later today and make arrangements with the AA for theindependent report to be completed, I will then follow up with official letterto your registered business address confirming my intent to take legal action.

 

I believe the car (Reg FD04 ZFP) was not fit for purpose or ina road worthy condition at the time of sale. I also intend to contact VOSA andthe department of Transport to advise that the MOT Carried out on the 25/02/11by Christchurchgarage resulted in a dangerous car being passed as roadworthy.

 

 

I look forward to speaking to you later and hope we can cometo a satisfactory conclusion.

 

 

Many Thanks.

 

 

Lucy

Edited February 26, 2013 by Conniff

[johnjordan]

Personally I don't think you'll have much luck with the dealer. Even though the car has been off the road for a while coil springs can snap at any time. You have done 1300 miles in it and the dealer has no way of knowing whether you have driven over a deep pothole, up a kerb or suchlike to cause the break.

 

As far as the brake light switch is concerned this could be due to it standing for such a long time. I'm not sure that the steering lock is part of the MOT.

[johnjordan]

I would also mention that I'm sure I read somewhere a while ago that coil springs on Renaults were a particular problem. It might be worthwhile checking a few Renault forums.

[sameagle]

I've no idea if the coil springs on your car, are anything like the ones on a Renault "Kangoo" van, but I've had 4 Kangoo's, and three of 'em have had a coil spring snap, and two were only discovered at MOT time.

 

Each was replaced by a second hand one, by my local chap, and I simply put them down as part of the running costs of a Kangoo.

 

Sam

[belfast4]

Coil springs in Renault megane are a common fault, I have 2 meganes at the minute both off them have a problem with the steering lock again a common fault. The brake light switch is an easy fix just up behind the brake pedal couple of wires to unclip pop a new one in.

[belfast4]

I have just tead the letter you have written, a Renault megane spring costs between £18 and £25 it would take a good mechanic about 30 minutes to change it. You could buy a brake light switch from a breakers for a fiver and fit it yourself. The steering lock is the most expensive part but I can't see how the steering lock has anything to do with an mot.

[Conniff]

It is up to you the buyer to 'prove' that the faults were there at the time of purchase and I would suggest that is an impossiblity. After this length of time you will have been deemed to have accepted the car.

Any assistance offered by the seller will be purely as a gesture of goodwill.

[ntlg*]

Thank you to everyone for your help.