Second hand car from a dealer - issues...
Second hand car from a dealer - issues...
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Parsnip

Original Poster:

3,266 posts

217 months

Monday 29th July 2019
quotequote all
The bullet pointed version would look like this:
Bought car from a dealer ~2.5 years old, ~15k miles, ~£25k, no finance (if that matters...) it has manufacturer warranty left and also sold with a dealer warranty.
I bought the car unseen based on photos and description - it looked mint.
Inspected the car on collection, was mint, ran well. All good.
Drove ~150 miles over two days.

Car is now having issues - it won't start - I suspect something fuel related - could be a minor fix, won't count my chickens at this point - I don't really need a forum diagnosis...

Dealer is currently making all the right noises and the car is at a different, but manufacturer approved franchise garage. I have no reason to suspect they have knowingly sold me a lemon.

I'm obviously gutted and its taken the shine off the new car - all my fingers are crossed that it is something easy, I'm back in the car ASAP and all this will quickly become a rubbish memory. If it drags on, I will become less and less happy with the situation and will eventually decide enough is enough - the car isn't mega rare, but they aren't 10 a penny in the spec and condition that I want.

What are my rights and what are the drop dead dates I should be working towards - because I bought unseen, is it 14 days to reject with no questions asked? Does it having issues extend this? There is also information saying I have 30 days to hand it back as not fit for purpose?

I still very much want the car, but I also don't want to be stuck with it if it becomes a extended tail chasing exercise to find the fault - I want to give the dealer the benefit of the doubt and as I said - best case they find an easy fix this week, but I also want to cover myself in the worst case that it isn't a quick fix and I find out I have crossed over the threshold of being stuck with the non-working car.

Alucidnation

16,810 posts

199 months

Monday 29th July 2019
quotequote all
Parsnip said:
The bullet pointed version would look like this:
Bought car from a dealer ~2.5 years old, ~15k miles, ~£25k, no finance (if that matters...) it has manufacturer warranty left and also sold with a dealer warranty.
I bought the car unseen based on photos and description - it looked mint.
Inspected the car on collection, was mint, ran well. All good.
Drove ~150 miles over two days.

Car is now having issues - it won't start - I suspect something fuel related - could be a minor fix, won't count my chickens at this point - I don't really need a forum diagnosis...

Dealer is currently making all the right noises and the car is at a different, but manufacturer approved franchise garage. I have no reason to suspect they have knowingly sold me a lemon.

I'm obviously gutted and its taken the shine off the new car - all my fingers are crossed that it is something easy, I'm back in the car ASAP and all this will quickly become a rubbish memory. If it drags on, I will become less and less happy with the situation and will eventually decide enough is enough - the car isn't mega rare, but they aren't 10 a penny in the spec and condition that I want.

What are my rights and what are the drop dead dates I should be working towards - because I bought unseen, is it 14 days to reject with no questions asked? Does it having issues extend this? There is also information saying I have 30 days to hand it back as not fit for purpose?

I still very much want the car, but I also don't want to be stuck with it if it becomes a extended tail chasing exercise to find the fault - I want to give the dealer the benefit of the doubt and as I said - best case they find an easy fix this week, but I also want to cover myself in the worst case that it isn't a quick fix and I find out I have crossed over the threshold of being stuck with the non-working car.
FFS, why don't you just let them fix it and get on with your life?




HTP99

25,202 posts

169 months

Monday 29th July 2019
quotequote all
14 days DSR doesn't come into effect if you collected it from the dealer who supplied it.

But I agree as mentioned above, just let them fix it, cars go wrong, it happens, yes it is a pain but that is life, stop getting all "what are my rights" about it.

Vaud

59,497 posts

184 months

Monday 29th July 2019
quotequote all
"Dealer is currently making all the right noises and the car is at a different, but manufacturer approved franchise garage. I have no reason to suspect they have knowingly sold me a lemon."

It's under warranty. Let them assess it and then fix it.

Stuff breaks.

NGee

2,952 posts

193 months

Monday 29th July 2019
quotequote all
Alucidnation said:
FFS, why don't you just let them fix it and get on with your life?
I actually thought it was quite a good question, if I'd just spent £25K on a car that didn't work I'd be pretty pissed off. Going onto a forum with the word 'law' in the title should a pretty good place to ask about your rights. It doesn't mean the OP wants to go in all guns blazing but knowing all his options can't be a bad thing.

I would suggest that if you don't like people asking about thier rights then a forum that deals with law is probably the wrong forum for you.

Parsnip

Original Poster:

3,266 posts

217 months

Monday 29th July 2019
quotequote all
Vaud said:
"Dealer is currently making all the right noises and the car is at a different, but manufacturer approved franchise garage. I have no reason to suspect they have knowingly sold me a lemon."

It's under warranty. Let them assess it and then fix it.

Stuff breaks.
I get that - if I had been driving about in the car for an while - it's always annoying to have a car go wrong, but its a fact of life. Thing is that the car is a couple of days off the forecourt and has went wrong - there are regulations in place to cover eventualities like this, hence me asking what they are.

As I said, I have been patient so far and feel like the relationship with the dealer is good, but I want to know what my options are if things start to go sour - i.e. if it is an expensive fix, or takes an age to diagnose, or there is silly buggers with the warranty etc. etc.- plan for the worst and hope for the best and all that.

I'm curious then, if you were in my shoes, what the Days with car:Days without car ratio would need to look like before you decided enough is enough?

coldel

11,112 posts

175 months

Monday 29th July 2019
quotequote all
Google Consumer Rights Act, it has a section specifically for cars bought in the Trade.

If you have a problem within 30 days of purchase you can return the car under the CRA 2015. Usually though its better to at least let the Trader fix the problem, it sounds like they are doing their best in terms of the approved repairer.

Go through that process, check the car runs perfectly when you get it back, any doubt make sure you are within the 30 days and you can hand it back for a refund. HOWEVER this is not always an easy route, often Traders will put up a fight and you go to claims court, you have to pay for the case and do a lot of paperwork and it can take months to resolve.

Best advise is give them the chance to fix it, if you are not happy and its within 30 days submit in writing a refund. Keep all correspondence on file just in case. Additionally record dates of all actions you have taken and responses from Trader.

Good luck hope it all works out via the fix.

PS, good for you for looking into your rights, £25k is not to be sniffed at and too many consumers sleepwalk through this sort of situation and get stuffed down the line.

Edited by coldel on Monday 29th July 10:20

Parsnip

Original Poster:

3,266 posts

217 months

Monday 29th July 2019
quotequote all
coldel said:
Google Consumer Rights Act, it has a section specifically for cars bought in the Trade.

If you have a problem within 30 days of purchase you can return the car under the CRA 2015. Usually though its better to at least let the Trader fix the problem, it sounds like they are doing their best in terms of the approved repairer.

Go through that process, check the car runs perfectly when you get it back, any doubt make sure you are within the 30 days and you can hand it back for a refund. HOWEVER this is not always an easy route, often Traders will put up a fight and you go to claims court, you have to pay for the case and do a lot of paperwork and it can take months to resolve.

Best advise is give them the chance to fix it, if you are not happy and its within 30 days submit in writing a refund. Keep all correspondence on file just in case. Additionally record dates of all actions you have taken and responses from Trader.

Good luck hope it all works out via the fix.
Bingo, this is exactly what I was looking for - rejecting it isn't a route I want to take, but as above, I want to know where I stand. Thanks.

The best solution all round is that its something simple and they get it sorted before we get anywhere near 30 days.

Like I said, have got everything crossed that it is a simple fix and I'm back in the car this week.

coldel

11,112 posts

175 months

Monday 29th July 2019
quotequote all
The actual legislation http://www.legislation.gov.uk/ukpga/2015/15/sectio...

Also a google will bring up links to sites like the AA and WhatCar which explain it.

TwistingMyMelon

6,514 posts

234 months

Monday 29th July 2019
quotequote all
DOnt panic or overthink it, probably a flat battery!

A1VDY

3,575 posts

156 months

Monday 29th July 2019
quotequote all
It's a. used car, cars break, fact of life.
If they've offered to fix it let them do so and move on.
All these threads re CRA act, handing it back, unfit for purpose ect ect is all bks.
No different to buying a used washing machine... If it breaks, you just get it fixed, you don't take it back moaning ffs..

Mexman

2,442 posts

113 months

Monday 29th July 2019
quotequote all
A1VDY said:
It's a. used car, cars break, fact of life.
If they've offered to fix it let them do so and move on.
All these threads re CRA act, handing it back, unfit for purpose ect ect is all bks.
No different to buying a used washing machine... If it breaks, you just get it fixed, you don't take it back moaning ffs..
Oh Yes they do..!!

andymc

7,620 posts

236 months

Monday 29th July 2019
quotequote all
Parsnip said:
coldel said:
Google Consumer Rights Act, it has a section specifically for cars bought in the Trade.

If you have a problem within 30 days of purchase you can return the car under the CRA 2015. Usually though its better to at least let the Trader fix the problem, it sounds like they are doing their best in terms of the approved repairer.

Go through that process, check the car runs perfectly when you get it back, any doubt make sure you are within the 30 days and you can hand it back for a refund. HOWEVER this is not always an easy route, often Traders will put up a fight and you go to claims court, you have to pay for the case and do a lot of paperwork and it can take months to resolve.

Best advise is give them the chance to fix it, if you are not happy and its within 30 days submit in writing a refund. Keep all correspondence on file just in case. Additionally record dates of all actions you have taken and responses from Trader.

Good luck hope it all works out via the fix.
Bingo, this is exactly what I was looking for - rejecting it isn't a route I want to take, but as above, I want to know where I stand. Thanks.

The best solution all round is that its something simple and they get it sorted before we get anywhere near 30 days.

Like I said, have got everything crossed that it is a simple fix and I'm back in the car this week.
no you can't just return it, with certain faults (this one) you can

ging84

9,548 posts

175 months

Monday 29th July 2019
quotequote all
A1VDY said:
It's a. used car, cars break, fact of life.
If they've offered to fix it let them do so and move on.
All these threads re CRA act, handing it back, unfit for purpose ect ect is all bks.
No different to buying a used washing machine... If it breaks, you just get it fixed, you don't take it back moaning ffs..
If you spend £25k on a used washing machine you'll be doing a hell of a lot of moaning if it breaks in the first few weeks

ging84

9,548 posts

175 months

Monday 29th July 2019
quotequote all
If it still has manufacturer warranty then presumably it was sold as a used approved car, if not you've really got to question why not.
If it was used approved then forget you consumer rights, your rights under the contract should greatly exceed your basic legal rights.

Dave.

7,895 posts

282 months

Monday 29th July 2019
quotequote all
Mexman said:
Oh Yes they do..!!
hehe

At least it's not a Power Steering Pump.... smile

Roo

11,504 posts

236 months

Monday 29th July 2019
quotequote all
ging84 said:
If it still has manufacturer warranty then presumably it was sold as a used approved car, if not you've really got to question why not.
If it was used approved then forget you consumer rights, your rights under the contract should greatly exceed your basic legal rights.
I read it that it was bought from a dealer that is not franchised therefore not AUC.

OzzyR1

6,367 posts

261 months

Tuesday 30th July 2019
quotequote all
ging84 said:
A1VDY said:
It's a. used car, cars break, fact of life.
If they've offered to fix it let them do so and move on.
All these threads re CRA act, handing it back, unfit for purpose ect ect is all bks.
No different to buying a used washing machine... If it breaks, you just get it fixed, you don't take it back moaning ffs..
If you spend £25k on a used washing machine you'll be doing a hell of a lot of moaning if it breaks in the first few weeks
The daft analogy about paying £25K for a washing machine aside, things do break from time to time - doesn't matter whether they are brand-new or several years old.

In car terms, I've seen countless vehicles with a registration less than a year old on the hard shoulder waiting for recovery.

Doesn't mean that it's a "lemon", just a fact of life that complicated mechanical/electrical things can go wrong sometimes.

Sometimes the failure happens just after you've bought the thing in question but in the vast majority of cases that's just a coincidence.

Understand the OP's disappointment as it takes a bit of shine from the "new purchase" feeling. Sounds like the vendors have offered to correct any faults which is positive - if they weren't answering your calls that might be a reason to start worrying!!

Hopefully its an easy fix and you can get on with a load of trouble-free miles!

ellingtj

306 posts

303 months

Wednesday 31st July 2019
quotequote all
Also remember the remainder of the 30 day pauses if you report a problem within the original 30 days. This is in the legislation.