Bought a car from second hand dealership, needed repairs from the get go! car came back in worse state than it went it.

[BiancaL]

Me and my partner bought a Vauxhall Astra 1.9 Sri cdti 150bph on the 22nd September 2015 for £3500 from a second hand dealership. The car went off for a MOT before we got it and it came back with advisories which the dealership dealt with. We waited 2 weeks after payment before we actually got to drive it home.

 

A Week later thick black smoke was coming out the exhaust, we immediately took it back to the dealership and they said they would sort it as it was still under warranty. (Swirl flaps needed replacing) they had our car for over a week and when it came back they hadn't done the job properly, they had botched it up. Instead of replacing the swirl flaps they put blanking plates either side of the egr valve and capped the swirl flaps (temporary fix) A day later the car lost power and was in limp mode, when I had a look at the engine the main air intake pipe wasn't even bolted on properly one bolt was missing and the other was extremely loose.

 

The sensor for the swirl flap wasn't connected and was left hanging, the inlet manifold had been taken apart and new bolts put in (not nessesary comes sealed from factory) there is silicone all over the bottom of the manifold where the swirl flap is, the fuel lines were hanging loose, there is a bracket now missing from the back of my engine and nothing was attached.

 

When I rang the dealership they just fobbed me off saying that they had done the job properly and what was I complaining about, when I asked if they would reimburse me to get the car fixed properly they said no as they had done it properly. (I've taken it to a garage for a second opinion and they are agreeing with me, poor workmanship and it needs to be fixed to repair the damage the dealership has done to it looking at £500)

I just don't know where I stand. Help me please

 

Thank you in advance

Edited October 20, 2015 by Conniff

[martin2006]

Hi Bianca and welcome,

If youve spoken to them and they are refusing to help then its time to put everything in writing to them and include a pro forma invoice from the garage you took it to for the second opinion.

 

if you still have no joy its Letter before action and then small claims court.

 

One thing you need to be very careful of is allowing anyone else to attempt any work on it while its under warranty and being dealt with by the dealer. You could invalidate any warranty and they could claim that a 3rd party has caused damage and not themselves.

 

Search for the dealers registered director or secretary on google and address to him/her personally stating why you feel you need to bring it to his/her attn

[BiancaL]

Thank you. They are willing to do the work but I don't trust them to do it properly as they cut corners the first time round. It's going to cost my £500 to get it put right and the warranty on the car ran out last time they had in the garage. Is there anything I can do to claim some money to get the problems they have caused out right? Or can I ask for my money back for the car?

Thanks

[martin2006]

regardless of the warranty when you purchased the car, the work you had done there after the black smoke incident should itself be guaranteed so that shouldn't be an issue.

why is it going to cost £500? i thought that was quoted by a 3rd party as a second opinion

 

IMHO i doubt they will voluntarily give you any money back, you may have more luck trying to negotiate an exchange of vehicle

 

How long was the original warranty and what did it cover?

[BiancaL]

I don't trust them to do the work in full and properly they cut corners last time and it will only cost of I take it to a different garage. I don't want an exchange I just want my car fixing original warrant was 1 month or 1000 miles. They went over the warranty them selves though we rooming in with 930 on the clock they gave it back 1010. Half half a tank and came back with less than a quarter

[Conniff]

This so called warranty means nothing, you are covered with the sale of goods act which give you plenty of protection.

 

If you really want this car, then give them a second chance. You can tell them that you have not relinquished your right to reject the car if the repair proves unsuccessful and that you will take it to the dealer to be checked after they have completed the work required.

 

Don't talk to them on the phone or in person unless you can record the call or conversation. Make all future correspondence by either email or letter.

[BiancaL]

Ok thank you. I really do want to keep the car I love it, will give them the benefit of the doubt and see what happens. What do I do if it comes back and it's still not been done properly? They seem to think that using a blanking kit in it is the normal

Thing to do? Thanks for both of your advice it's appreciated.

[Conniff]

Anything that is not recommended by the manufacturer is not the way to do it. If they could get away without fitting it, they would so blanking off is a no no.

 

You write, or if you can record say on a mobile, give them a ring and say that you are not satisfied with the professionalism or the quality of the work and that you will give them a further chance to put it right. You can then say that if the quality of the work is as before,

you will take it to the dealer for correction and bill them.

 

Would you be prepared to go to the small claims court ?

 

It is not expensive and very easy to do, this site will help should you need it.

[martin2006]

Your legal rights

When you buy a car your rights depend on who you buy from and how you buy

 

 

When you buy a car your rights depend on who you buy from and how you buy

Wherever and however you're buying, the best advice is not to sign anything or hand over any money until you're absolutely happy. With around 6 million used cars changing hands every year there's almost certain to be other similar cars available so there's no need to take the risk if you feel uneasy about anything related to the current deal.

If you have any doubts about the car or its history then it’s safer not to proceed. Even if the law is in your favour, recovering your money through the courts can be expensive and time consuming.

Your rights will depend on where you buy. You will have less protection from the law if you buy privately or from an auction compared to buying from a dealer.

Car dealers

Dealers are generally the safest route to a new car - maximum legal protection with the least risk.

 

Dealers are obliged to prepare the car before offering it for sale, including verifying the accuracy of the recorded mileage.

 

Buy a used car from a name you can trustBuy a used car

Sale of Goods Act

Buying a new or used car from a car dealer comes under the scope of the Sale of Goods Act which states that any item you buy from a Trader must be:

 

Of satisfactory quality

Fit for purpose, and

As described

The dealer must have the right to sell the vehicle and is legally obliged to sort out the problem if it fails to meet these basic requirements.

 

Satisfactory quality means that the vehicle should be of a standard a reasonable person would expect, taking into account factors such as: age, value, history, mileage, make, durability, safety and description. An old car with high mileage would not be expected to be as good as a younger car with low mileage but each should still be roadworthy, reliable, and in a condition consistent with its age/price.

 

The dealer is liable for faults with the vehicle - that mean it was not of satisfactory quality - that were present at the time it was sold even though they may only become apparent later on.

 

The dealer is not liable for fair wear and tear, where the vehicle broke down or the fault emerged through normal use, nor are they liable if they drew your attention to the full extent of any fault or defect before you bought the car.

 

Fit for purpose means that you must be able to use the vehicle for the purposes that you would normally expect from a vehicle including any particular purpose that you tell the dealer about before you buy, or which the dealer has advertised or gleaned from your conversation. This would include towing or short journey use.

 

 

 

 

this is where you stand with SOGA

[Conniff]

Smashing post Martin but unfortunately used car sales have their own idea of SOGA and how to handle customers once they have their money.

[BiancaL]

So would soga be of no use to me then? Small

Claims court? They would refuse payment of I billed them for a dealership doing the repair work.

I'm so mad and disappointed they are supposed to be professional traders and they are treating me like I'm stupid. if they don't repair the car properly I can't afford to get it fixed by a different garage not after paying £3500 for the car

[martin2006]

Conniff is right in one respect, they can behave likr they are a law unto themselves but that is what SOGA is there for, i think the biggest problem for you would be that you would have to play a bit of letter tennis with the dealer and then have an independant inspection carried out, all for court purposes if they dont play ball.

 

you say that you have had a second opinion, is that from a main dealer? Please could you post exactly what needs to be done to fix your car?

 

Point is ths, if its cheaper to get it fixed at a different garage other than a main dealer or the original dealer, you have to weigh up that against the cost of pursuing the original dealer and of course the timescale involved in legal action and quite possibly bailiff enforcement if you win. Only then would you get re imbursed either back in your pocket or to enable the repairs to be done

 

Do you see where im coming from bianca? Sometimes its just not worth the fight. I'm not saying give up and take it on the chin here, just weigh up both options