Reasons to reject a vehicle?
Discussion
Just trying to help a friend out. They (against advice otherwise) bought a 3yr old high mileage vehicle from a garage reasonably well known for providing little service and lots of vehicles that are bought in bulk and shifted on. It has 3 months warranty. He's had it three weeks and it's been back in the garage twice. First time, Ford looked at it and told him the DPF was knackered, needed a new one. The garage he bought it from that were doing it under warranty said no, cleaned it, but it still gave problems. Now the emissions sensors have packed up.
He'd ideally like to give the car back as the customer service is proving to be all it was warned, but does he have any rights on a used car to do this, even if it costs a deposit or something? What's the best approach?
He'd ideally like to give the car back as the customer service is proving to be all it was warned, but does he have any rights on a used car to do this, even if it costs a deposit or something? What's the best approach?
Breadvan72 said:
That is an urban myth. There is no magic number. Each case depends on its own facts. OP, please state more details of the fault. Modern cars are strange Voodoo to me, so the acronym you use goes over my head.
LOL sorry yeah should have put proper English 
Diesel Particulate Filter. they *can* be cleaned, but have a life expectancy, seeing as it's had 80,000 miles on it in three years I can believe that it might need replacing rather than cleaning, and the fact the sensors are starting to pack up would suggest to me it's not been done in a long time? Realistically though it's the customer service that has him most worried. If he can't get rid I'm going to go down and talk to them about getting the filter replaced, sensors replaced and see about extending the warranty but I already know it's going to be like talking to a brick wall.The fact that the car needs a new part does not sound to me like good grounds for rejecting the car, especially as it is a used car with high mileage. Instead, the buyer could if need be have the part fitted elsewhere and sue for the cost of that.
Negotiate firmly but politely on that basis.
Negotiate firmly but politely on that basis.
Not sure if this is any use to you Davi, but here is a thread I posted last year (I've changed usernames since) about my saga with a diesel focus, a DPF and a large second hand car dealer....
http://www.pistonheads.com/gassing/topic.asp?t=133...
Good luck.
http://www.pistonheads.com/gassing/topic.asp?t=133...
Good luck.
SistersofPercy said:
Not sure if this is any use to you Davi, but here is a thread I posted last year (I've changed usernames since) about my saga with a diesel focus, a DPF and a large second hand car dealer....
http://www.pistonheads.com/gassing/topic.asp?t=133...
Good luck.
Many thanks! Very interesting, well done on your success.http://www.pistonheads.com/gassing/topic.asp?t=133...
Good luck.
The warranty does not displace the obligations imposed on the seller by section 14 of the Sale of Goods Act 1979.
"14.
...
(2)Where the seller sells goods in the course of a business, there is an implied term that the goods supplied under the contract are of satisfactory quality.
(2A)For the purposes of this Act, goods are of satisfactory quality if they meet the standard that a reasonable person would regard as satisfactory, taking account of any description of the goods, the price (if relevant) and all the other relevant circumstances.
..."
"Satisfactory" is context sensitive, so a three year old car with high mileage is not expected to be as spiffy as a new car, but you can still argue that the car had defects greater than those you would reasonably expect. Negotiate!
"14.
...
(2)Where the seller sells goods in the course of a business, there is an implied term that the goods supplied under the contract are of satisfactory quality.
(2A)For the purposes of this Act, goods are of satisfactory quality if they meet the standard that a reasonable person would regard as satisfactory, taking account of any description of the goods, the price (if relevant) and all the other relevant circumstances.
..."
"Satisfactory" is context sensitive, so a three year old car with high mileage is not expected to be as spiffy as a new car, but you can still argue that the car had defects greater than those you would reasonably expect. Negotiate!
Davi said:
Just heard that that garage are now saying it's not the DPF that's the problem, it's glow plugs and fueling problems, but that they won't cover the full cost in the warranty issued...
I don't think after 3 weeks they have much of a choice tbh, but someone more knowledgeable will be along shortly I suspect.Sounds a lot like my Focus experience, I did wonder at first glance if there were a slim chance it was the same car as I know from ASKMID it's insured and out there somewhere, but ours was a 10 plate and you say this is only 3 years old.
Edit, crossposted with BV and he's a clever bloke
Edited by SistersofPercy on Tuesday 26th August 16:15
Breadvan72 said:
The warranty does not displace the obligations imposed on the seller by section 14 of the Sale of Goods Act 1979.
"14.
...
(2)Where the seller sells goods in the course of a business, there is an implied term that the goods supplied under the contract are of satisfactory quality.
(2A)For the purposes of this Act, goods are of satisfactory quality if they meet the standard that a reasonable person would regard as satisfactory, taking account of any description of the goods, the price (if relevant) and all the other relevant circumstances.
..."
"Satisfactory" is context sensitive, so a three year old car with high mileage is not expected to be as spiffy as a new car, but you can still argue that the car had defects greater than those you would reasonably expect. Negotiate!
Cheers, shall print that out, going down with them to have a chat - they're trying to suggest that all the extra failures are as a result of the filter failure. Just checked and it's been returning very poor mpg too since purchase!"14.
...
(2)Where the seller sells goods in the course of a business, there is an implied term that the goods supplied under the contract are of satisfactory quality.
(2A)For the purposes of this Act, goods are of satisfactory quality if they meet the standard that a reasonable person would regard as satisfactory, taking account of any description of the goods, the price (if relevant) and all the other relevant circumstances.
..."
"Satisfactory" is context sensitive, so a three year old car with high mileage is not expected to be as spiffy as a new car, but you can still argue that the car had defects greater than those you would reasonably expect. Negotiate!
Read the whole of section 14:
http://www.legislation.gov.uk/ukpga/1979/54/sectio...
NB - the buyer can't beef about defects pointed out pre sale (if any).
http://www.legislation.gov.uk/ukpga/1979/54/sectio...
NB - the buyer can't beef about defects pointed out pre sale (if any).
Davi said:
Attitude of the place is unbelievable, they have pretty much just smirked at my friend and said 'take it to small claims then'. Only thing we're hoping on at the moment is that the car was advertised as having a full RAC inspection, which they don't be able to find...
Then either take them to court or try and negotiate. They probably have a dozen people who threaten it to every one who does. Sadly going in quoting legislation either scares them into doing it, or puts there back up.Be wary of going small claims court though.Very easy to close the company down and open another one with a very similar name. Then you have lost court fees as well.
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