advice please - bought faulty car
Discussion
Afternoon,
My dad has recently bought a subaru forester xt from a local car sales garage near by (last 6 weeks) and has noticed a problem, under load The headgasket is f
ked, (easiest way of explaining it) what rights does he have? I have been told there is a mandatory 3 months warranty on engine and gearboxes on all cars.. is this true?
Also the day before my dad collected the car they said it will get 12 months mot, so we collected and happy days! Next day I reminded my day about the recall the forresters had about faulty/corroding wishbones or along them lines. He rang subaru got it booked in to check this recall problem and they confiscated the car from him saying it was dangerous to drive.. this is 2 days after a completely clean mot is given to him.
So where does he stand with this situation, can he go back to the garage and they will do the head gasket? Do we bring proof of the subaru wishbones being faulty and the mot tester not even advising it? All replys much appreciated cheers
My dad has recently bought a subaru forester xt from a local car sales garage near by (last 6 weeks) and has noticed a problem, under load The headgasket is f
ked, (easiest way of explaining it) what rights does he have? I have been told there is a mandatory 3 months warranty on engine and gearboxes on all cars.. is this true?Also the day before my dad collected the car they said it will get 12 months mot, so we collected and happy days! Next day I reminded my day about the recall the forresters had about faulty/corroding wishbones or along them lines. He rang subaru got it booked in to check this recall problem and they confiscated the car from him saying it was dangerous to drive.. this is 2 days after a completely clean mot is given to him.
So where does he stand with this situation, can he go back to the garage and they will do the head gasket? Do we bring proof of the subaru wishbones being faulty and the mot tester not even advising it? All replys much appreciated cheers
Here's what I'd do;
-grab a note pad and pen. Write down some forceful but diplomatic key phrases that you want to communicate to the garage.
-keeping your pad handy, ring the garage. Be firm and make it absolutely clear what action you reasonably expect them to take. Remind them of their obligations as seller (Legal whizzes will no doubt be in this thread soon to give you the ins and outs).
-establish a time frame for this action to be taken or else you will be forced to return the car for full refund.
P.S. That's for the engine fault. As far as wishbones are concerned, I don't think you have any cause to suspect that the supplying garage or the MOT tester have acted inappropriately. Subaru deem the wishbones unfit for their intended purpose and are going to replace them; the wishbones may not currently be in a dangerous condition, Subaru have probably identified a problem which the parts develop later which they are attempting to rectify before failure occurrs.
-grab a note pad and pen. Write down some forceful but diplomatic key phrases that you want to communicate to the garage.
-keeping your pad handy, ring the garage. Be firm and make it absolutely clear what action you reasonably expect them to take. Remind them of their obligations as seller (Legal whizzes will no doubt be in this thread soon to give you the ins and outs).
-establish a time frame for this action to be taken or else you will be forced to return the car for full refund.
P.S. That's for the engine fault. As far as wishbones are concerned, I don't think you have any cause to suspect that the supplying garage or the MOT tester have acted inappropriately. Subaru deem the wishbones unfit for their intended purpose and are going to replace them; the wishbones may not currently be in a dangerous condition, Subaru have probably identified a problem which the parts develop later which they are attempting to rectify before failure occurrs.
Edited by HustleRussell on Thursday 16th May 12:40
Firstly, there is no such thing as a mandatory warranty. What he does have though is his rights under the sale of goods act.
Ring the garage he bought it from and get them to fix it.
As for the MOT if the car has subsequently been worked on you've got no proof that the MOT wasn't legit. You would need to complain to VOSA about that one.
Ring the garage he bought it from and get them to fix it.
As for the MOT if the car has subsequently been worked on you've got no proof that the MOT wasn't legit. You would need to complain to VOSA about that one.
Subaru recalling vehicles to upgrade an item that may be faulty doesn't constitute an MOT failure.
Try phoning the garage, acting like an intelligent, reasonable human being. Things happen, mistakes get made- go in screaming and making demands, they will treat you as you deserve to be treated. Be polite, give them a chance to rectify anything that actually needs to be done- if it is their concern.
Try phoning the garage, acting like an intelligent, reasonable human being. Things happen, mistakes get made- go in screaming and making demands, they will treat you as you deserve to be treated. Be polite, give them a chance to rectify anything that actually needs to be done- if it is their concern.
Hi all,
So been on the phone to the car salesman, we have explained the situation to him, asked him about fixing the car or paying to get it fixed, he saled he will fix it if we pay £500! And there is no chance in the world that we are going to get any money from him... no money towards repairs, and he won't take The car back, where do we stand now? Me and my dad could tell he was going to be a fking wker over this issue!
Looking forward to your response...
So been on the phone to the car salesman, we have explained the situation to him, asked him about fixing the car or paying to get it fixed, he saled he will fix it if we pay £500! And there is no chance in the world that we are going to get any money from him... no money towards repairs, and he won't take The car back, where do we stand now? Me and my dad could tell he was going to be a f
king wker over this issue!Looking forward to your response...
cra1gy1989 said:
Thanks for your replies, will get in touch with citizens advice..
04 plate, 3500 quid and 50k miles on the clock why you ask?
Under sales of good act the car needs to be of merchantible quality. However, if you've bought it at significantly below market value it can be deemed that your rights are reduced due to having paid such a low price.04 plate, 3500 quid and 50k miles on the clock why you ask?
cra1gy1989 said:
Thanks for your replies, will get in touch with citizens advice..
04 plate, 3500 quid and 50k miles on the clock why you ask?
Reasonable expectations - if you had bought it as a minter for thirty thousand, or as a station shed for five hundred, there would be different expectations.04 plate, 3500 quid and 50k miles on the clock why you ask?
Regarding the "confiscation", ask them if they would have expected it to be picked up on an MOT, then ring VOSA regarding a potentially dodgy MOT.
You are almost certainly going to have a hard time getting money back on this one, if the original dealer is being silly. As said, local Trading Standards, and then pick a lawyer to write letters for you.
Once you have spoken with CAB (Citizens Advice Bureau) they will forward your complaint to the Trading Standards Office for the area you bought the car from (if it is different form where you live).
The 'warranty' is 6 months on all used cars from a dealer, not private sales but do not expect him to pay for brake pads or tyres (wear items) after 5 months 29 days.
The dealer is playing the usual game of trying it on with you hoping you do not know the law. He must, by law, Sale of Goods Act 1982, repair the car at HIS expense or give you a full refund. You can also claim for a loan car for the period it is off the road being repaired.
Personally, I would try for the refund, walk away and deal with someone you can trust.
The 'warranty' is 6 months on all used cars from a dealer, not private sales but do not expect him to pay for brake pads or tyres (wear items) after 5 months 29 days.
The dealer is playing the usual game of trying it on with you hoping you do not know the law. He must, by law, Sale of Goods Act 1982, repair the car at HIS expense or give you a full refund. You can also claim for a loan car for the period it is off the road being repaired.
Personally, I would try for the refund, walk away and deal with someone you can trust.
I'm surprised something like a head gasket is going on a Forester at only 50,000 miles! (if that's the real mileage of course).
Do you think the mileage is genuine? Did you do a car check that included a NMR report? If it was/is clocked, that should add to your ammunition against the dealer.
Do you think the mileage is genuine? Did you do a car check that included a NMR report? If it was/is clocked, that should add to your ammunition against the dealer.
N7GTX said:
Once you have spoken with CAB (Citizens Advice Bureau) they will forward your complaint to the Trading Standards Office for the area you bought the car from (if it is different form where you live).
The 'warranty' is 6 months on all used cars from a dealer, not private sales but do not expect him to pay for brake pads or tyres (wear items) after 5 months 29 days.
The dealer is playing the usual game of trying it on with you hoping you do not know the law. He must, by law, Sale of Goods Act 1982, repair the car at HIS expense or give you a full refund. You can also claim for a loan car for the period it is off the road being repaired.
Personally, I would try for the refund, walk away and deal with someone you can trust.
I'm sorry, but you are very ill informed, most of that does not apply to the UK - so that is bad advice and shows that you do not know the law....The 'warranty' is 6 months on all used cars from a dealer, not private sales but do not expect him to pay for brake pads or tyres (wear items) after 5 months 29 days.
The dealer is playing the usual game of trying it on with you hoping you do not know the law. He must, by law, Sale of Goods Act 1982, repair the car at HIS expense or give you a full refund. You can also claim for a loan car for the period it is off the road being repaired.
Personally, I would try for the refund, walk away and deal with someone you can trust.
Edited by Grenoble on Friday 17th May 16:59
Let's not send the OP on some wild-goose-chase - so to be clear:
Anybody on here, offering advise, able to diagnose when the head gasket failed, if that is indeed the fault? If so let him provide the proof that will stand up in court, because otherwise it's all unsupported heresay. It could have happened anytime after the car was collected. Use the logic that this is unlikely, with the seller. Try to get him to recognise this.
My recommendation is to press the seller, in calm way and and clear writing, for a fair response to the situation that you are in.
Be persistent, stick to the point, tell him what has happened and suggest that he should accept some responsibility.
By all means refer to the existance of The Sale of Goods Act, but don't use it as a threat.
Definitely, prepare your position before going into writing with all possible facts about the vehicle eg. evidence of higher mileage than on the clock etc, but don't assume that the seller is guilty of fraud unless you can clearly prove it. If there is any discrepancy, this may give the seller an opportunity to accept some blame, because he was probably duped the same way as were you.
Forgot to add that you must deal with the garage owner, if this is different to the saleman.
Anybody on here, offering advise, able to diagnose when the head gasket failed, if that is indeed the fault? If so let him provide the proof that will stand up in court, because otherwise it's all unsupported heresay. It could have happened anytime after the car was collected. Use the logic that this is unlikely, with the seller. Try to get him to recognise this.
My recommendation is to press the seller, in calm way and and clear writing, for a fair response to the situation that you are in.
Be persistent, stick to the point, tell him what has happened and suggest that he should accept some responsibility.
By all means refer to the existance of The Sale of Goods Act, but don't use it as a threat.
Definitely, prepare your position before going into writing with all possible facts about the vehicle eg. evidence of higher mileage than on the clock etc, but don't assume that the seller is guilty of fraud unless you can clearly prove it. If there is any discrepancy, this may give the seller an opportunity to accept some blame, because he was probably duped the same way as were you.
Forgot to add that you must deal with the garage owner, if this is different to the saleman.
Edited by DaveEssex on Friday 17th May 17:53
Thankyou for your replies! Everything helps! regarding knowing about the headgasket, the car has been to a subaru specialist and they have diagnosed the problem..
As for genuine mileage I think so, it has full service history and all the paperwork adds up correctly..
Is this true about the 6 months warranty? I do feel that we have rights and understand that if this was a private sale we would have no rights what so ever..
Cheers
As for genuine mileage I think so, it has full service history and all the paperwork adds up correctly..
Is this true about the 6 months warranty? I do feel that we have rights and understand that if this was a private sale we would have no rights what so ever..
Cheers
Usual bks here about 6 month warranties and dealers have to give 3 months warranty.
Your process should be as follows:
Attempt to get dealer to rectify the problem. You've tried this and met with a brick wall. Not good as this shows what the dealer is really like.
Have a chat with consumer direct. They'll give good advice but have no teeth to fight anything for you.
Trading Standards won't give a toss so don't bother.
Threaten dealer with small claims court. He probably won't give a toss but go through the motions anyway.
Take dealer to small claims court. He'll immediately change the court location to his area.
Once the process starts it goes on for ages with vast amounts of bullst from the dealer.
Prior to court date you will be offerred arbitration and some mental retard will attempt to get a mutual settlement without the court case. The retard will say things to the other party that you have expressly told him/her not to. The other party will either agree to a settlement (and then not do anything that was agreed) or not.
Either way you then go to court and the dealer won't turn up.
Eventually you'll get your judgement and then thedealer will pay up ......whoops, got that bit wrong. The dealer will not pay up, he'll more than likely close his business and start up again elsewhere to fleece unsuspecting punters.
You will have wasted 9 months to a year of your life dealing with toothless quangos and a scuumbag car dealer. You'll have spent more money and you'll still have a car that has a knackered HG but not to worry, you'll have a judgement against said scumbag car dealer.
Unless it's for a significant amount and you believe that the dealer has the wherewithall to cough up I would consider very carefully as to whether you should tread this path. For £500 to change the HG I wouldn't put myself through this process.............again.
ks here about 6 month warranties and dealers have to give 3 months warranty.Your process should be as follows:
Attempt to get dealer to rectify the problem. You've tried this and met with a brick wall. Not good as this shows what the dealer is really like.
Have a chat with consumer direct. They'll give good advice but have no teeth to fight anything for you.
Trading Standards won't give a toss so don't bother.
Threaten dealer with small claims court. He probably won't give a toss but go through the motions anyway.
Take dealer to small claims court. He'll immediately change the court location to his area.
Once the process starts it goes on for ages with vast amounts of bulls
t from the dealer.Prior to court date you will be offerred arbitration and some mental retard will attempt to get a mutual settlement without the court case. The retard will say things to the other party that you have expressly told him/her not to. The other party will either agree to a settlement (and then not do anything that was agreed) or not.
Either way you then go to court and the dealer won't turn up.
Eventually you'll get your judgement and then the
You will have wasted 9 months to a year of your life dealing with toothless quangos and a scuumbag car dealer. You'll have spent more money and you'll still have a car that has a knackered HG but not to worry, you'll have a judgement against said scumbag car dealer.
Unless it's for a significant amount and you believe that the dealer has the wherewithall to cough up I would consider very carefully as to whether you should tread this path. For £500 to change the HG I wouldn't put myself through this process.............again.
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