Used Car - what are my rights, if any?!
Used Car - what are my rights, if any?!
Author
Discussion

JayM85

Original Poster:

19 posts

148 months

Saturday 25th November 2017
quotequote all
I purchased a used car 59 insignia tourer cdti on 119k from a large dealer chain in August this year, 3 months warranty was provided (just expired) and I didn't take out the extended warranty because I was advised it would only be valid up until 120k

Today, I've been pulling on to the motorway when the car has suddenly felt down on power, I shifted down a gear and tried to accelerate only for the engine to suddenly change tone and run very badly, quickly followed by smoke.

I managed to pull on to the hard shoulder popped the bonnet and could see that one of the injectors has popped out, pulling the fuel lines off and spraying diesel over the hot engine (source of the smoke I assume)

It looks like the clamp that holds the injector in place has come out, but it looks like it has forced out rather than worked loose (seems to be stripped engine block threading in the bolt threads)

I've been recovered home and phoned the dealership who say the 3 month warranty has expired a few days ago, and that's where their liability ends.

I, perhaps incorrectly believed that there was a time period during which it still may be their problem, if I'm wrong about that, then I do think it's ridiculous that a car lasts 3 months after costing 4k, the words for for purpose come to mind but I can't remember the relevant act or rules that apply, if any do!

I don't need a big bill at this time of year, can anyone help with what I should do next?

anonymous-user

84 months

Saturday 25th November 2017
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I think the test is was the fault there at the time of sale, which sounds like it wasn't. i mean a second hand cars are now with complicated equipment, how long should a trader cover after sale, considering age and mileage?

it is at the end of its life. i would find out if you can fix it and how much, just buy a banger to keep you running around. A helicoil could sort of the stripped thread just get a proper garage to fix it.

Edited by The Spruce goose on Saturday 25th November 15:46

Contract Killer

4,509 posts

213 months

Saturday 25th November 2017
quotequote all
JayM85 said:
I don't need a big bill at this time of year, can anyone help with what I should do next?
So what time of the year do you welcome them?

JayM85

Original Poster:

19 posts

148 months

Saturday 25th November 2017
quotequote all
Contract Killer said:
So what time of the year do you welcome them?
Hardly relevant to my question, is it.

Stormfly1985

2,855 posts

196 months

Saturday 25th November 2017
quotequote all
It's an 8 year old car with over 120k on it that only cost you £4k. Things are going to break. How many miles have you put on the car since purchase? If they refuse to cover it or contribute to it, your only course of action is taking them to the small claims court.

To be honest, injector failure at that age and mileage is not unreasonable. Have you had a quote to fix yet?

JayM85

Original Poster:

19 posts

148 months

Saturday 25th November 2017
quotequote all
Stormfly1985 said:
It's an 8 year old car with over 120k on it that only cost you £4k. Things are going to break. How many miles have you put on the car since purchase? If they refuse to cover it or contribute to it, your only course of action is taking them to the small claims court.

To be honest, injector failure at that age and mileage is not unreasonable. Have you had a quote to fix yet?
Not had a quote yet, I feel like there's an underlying problem it's not like the injector just failed, it has ripped the clamp bolt out of the block (I think). This only happened a few hours ago.

Vauxhall diesels seem to last double this mileage, 120k isn't super high for a diesel at all, I've done maybe 1k miles since purchase, possibly slightly more but definitely less than 2k by a good chunk.

Ahbefive

11,657 posts

202 months

Saturday 25th November 2017
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You have the right to remain silent , you have the right to an attorney. You do not have to say anything...........

anonymous-user

84 months

Saturday 25th November 2017
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Why buy a diesel to do 1k in 3 months?

Steve H

7,583 posts

225 months

Saturday 25th November 2017
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There's not much that can force an injector out of the head, more likely that it had been replaced in the past and not correctly tightened or has just worked loose.

First step of the fix is to stick an injector in it and see what happens, maybe there will be more to it but there's only one way to find out.

No particular help with your position but there it is. I would suggest that while legal action might be long winded or fruitless there's no harm in applying some pressure, contact the dealer principal, MD, Facebook page etc to see if to can get any movement.

anonymous-user

84 months

Saturday 25th November 2017
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http://www.legislation.gov.uk/ukpga/2015/15/conten...

And for the layman.....

https://www.google.co.uk/amp/www.carbuyer.co.uk/ti...

Edited by anonymous-user on Saturday 25th November 17:00

Helicopter123

8,831 posts

186 months

Saturday 25th November 2017
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Steve H said:
No particular help with your position but there it is. I would suggest that while legal action might be long winded or fruitless there's no harm in applying some pressure, contact the dealer principal, MD, Facebook page etc to see if to can get any movement.
To what end? The problem clearly wasn't evident/present at purchase, and the supplied warranty has expired.

Sympathy with the OP but I can't see what you expect a dealer to do when a £4k leggy motor at the end of its life implodes outwith the warranty supplied?



Steve H

7,583 posts

225 months

Saturday 25th November 2017
quotequote all
To what end?

Fairly obviously to the end of getting some kind of contribution.

Warranty (duration chosen by the seller) is irrelevant and the legal position is flexible. The OP might not want to risk the effort and cost of pursuing the seller legally to find his case gets dismissed but equally the seller might not want to risk letting him take it to court and find that they are found liable.

Most of these things are settled by pressure, bluff and negotiation. Or just given up on, chose whichever suits you best.

OddCat

2,828 posts

201 months

Saturday 25th November 2017
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...... this thread is starting to make me feel genuinely sorry for used car dealers.....

anonymous-user

84 months

Saturday 25th November 2017
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Helicopter123 said:
To what end? The problem clearly wasn't evident/present at purchase, and the supplied warranty has expired.

Sympathy with the OP but I can't see what you expect a dealer to do when a £4k leggy motor at the end of its life implodes outwith the warranty supplied?
The dealer would be expected to comply with the legislation

anonymous-user

84 months

Saturday 25th November 2017
quotequote all
OddCat said:
...... this thread is starting to make me feel genuinely sorry for used car dealers.....
under 5k i would never buy from a dealer go private save money to put into pot to fix car. I mean how long should a car run before a fault happens. Cars are getting more complicated there life cycles are shorter, it is a gamble, sometimes you win sometimes you don't.

anonymous-user

84 months

Saturday 25th November 2017
quotequote all
I can see both sides of this. On the one hand the car's a bit of an old shed with mega miles, and it lasted 3 months. On the other the OP has paid top money so the dealer has likely done very well and could afford to help.

Initforthemoney

743 posts

174 months

Saturday 25th November 2017
quotequote all
bmw535i said:
Helicopter123 said:
To what end? The problem clearly wasn't evident/present at purchase, and the supplied warranty has expired.

Sympathy with the OP but I can't see what you expect a dealer to do when a £4k leggy motor at the end of its life implodes outwith the warranty supplied?
The dealer would be expected to comply with the legislation
And if he doesn't?

Even of he does, the car will be taken off the road for investigation and diagnosis so the OP is left without a car.

Is it really worth all the costs time effort etc for the sake of a few quid and having done with it?



anonymous-user

84 months

Saturday 25th November 2017
quotequote all
Initforthemoney said:
And if he doesn't?

Even of he does, the car will be taken off the road for investigation and diagnosis so the OP is left without a car.

Is it really worth all the costs time effort etc for the sake of a few quid and having done with it?
1. If he doesn’t you can enforce the legislation.

2. True. The trader has to conduct the work in a reasonable time.

3. Probably not, but it is an option.

mondeoman

11,430 posts

296 months

Saturday 25th November 2017
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^^^^^ which particular piece of that legislation applies?

anonymous-user

84 months

Saturday 25th November 2017
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mondeoman said:
^^^^^ which particular piece of that legislation applies?
I posted links to it earlier