Consumer Rights Act and faults with the part-ex'd car
Discussion
I part-exchanged a car for a another second hand car a week or so ago. There were some faults with my car, most of which I was open and honest about (all the big ones; clutch going, suspension arms knocking). There were one or two I genuinely forgot about, I think mainly the handbrake not working (the cable had slipped out of the bracket).
There are a couple of major faults with the new second hand car (battery not charging, big oil leak). I've already spoke to the dealer and he's sent me some parts to try and fix the alternator, but on closer inspection the oil leak appears to be more of a problem than first thought so I'm minded just to reject the car and ask for a refund.
When I spoke to the dealer last week he wasn't too pleased that there were faults with my car that he hadn't mentioned (though he literally just took a 30 second look at it and said he might just scrap it when I bought his car). He also stated that the Consumer Rights Act works two ways and that he can ask me to fix the faults I hadn't mentioned. Is this the case?
What would happen in a full refund situation? I get my car back, I hand his car back and I get a full refund of the money I've paid him?
There are a couple of major faults with the new second hand car (battery not charging, big oil leak). I've already spoke to the dealer and he's sent me some parts to try and fix the alternator, but on closer inspection the oil leak appears to be more of a problem than first thought so I'm minded just to reject the car and ask for a refund.
When I spoke to the dealer last week he wasn't too pleased that there were faults with my car that he hadn't mentioned (though he literally just took a 30 second look at it and said he might just scrap it when I bought his car). He also stated that the Consumer Rights Act works two ways and that he can ask me to fix the faults I hadn't mentioned. Is this the case?
What would happen in a full refund situation? I get my car back, I hand his car back and I get a full refund of the money I've paid him?
Dealer? That's funny. Remind him that the Consumer Rights Act protects Consumers and you'd be keen to hear his views on how he can be a trader AND a consumer, and that failure to do due diligence on the trade in is his problem and the problems with your car are his problem too.
I have sympathy. When you get to the stage where you just want rid of a shed sometimes it's easy to forget the many things that get you to that stage. Not that it makes it entirely fair for the trader, but he doesn't have many rights in that regard... You do.
I have sympathy. When you get to the stage where you just want rid of a shed sometimes it's easy to forget the many things that get you to that stage. Not that it makes it entirely fair for the trader, but he doesn't have many rights in that regard... You do.
Pegscratch said:
Dealer? That's funny. Remind him that the Consumer Rights Act protects Consumers and you'd be keen to hear his views on how he can be a trader AND a consumer, and that failure to do due diligence on the trade in is his problem and the problems with your car are his problem too.
I have sympathy. When you get to the stage where you just want rid of a shed sometimes it's easy to forget the many things that get you to that stage. Not that it makes it entirely fair for the trader, but he doesn't have many rights in that regard... You do.
HmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmI have sympathy. When you get to the stage where you just want rid of a shed sometimes it's easy to forget the many things that get you to that stage. Not that it makes it entirely fair for the trader, but he doesn't have many rights in that regard... You do.
OP traded in a car and has been less than truthful with the faults.
Dealer seems to be playing ball (to a point at least) given you got parts etc.
What car did you trade in, and at what value?
What car did you buy, and at what value?
jammy-git said:
The car I bought was a 2005 Mercedes C220 CDI. Price was £1300. We agreed on £1000 cash + my 2005 Alfa Romeo GT 1.9. After we agreed on the deal I noticed the Merc needed 2 new rear tyres, so we ended up agreeing £950 in cash + Alfa and I would sort out the tyres myself.
Wow. OK.I'm sorry but for that value , age and presumably mileage I would not be complaining about any issues!!
Why not? Regardless of the price I expect a car that can be driven? The battery went flat on my way back from the dealer due to the alternator not working and in the week it's sat on the drive it's dumped a load of oil.
There are numerous other faults; sunroof covers not retracting, ESP warning on, indicator/reverse light warning, wing mirror not adjusting. Not to mention the scrapes on the font bumper and the rust spot on the bonnet. I've not requested any of that be fixed because I appreciate an old car will have issues.
However I do expect it to at least be roadworthy, especially coming from a dealer. So I expect the two major issues, which weren't evident on a test drive, to be fixed.
There are numerous other faults; sunroof covers not retracting, ESP warning on, indicator/reverse light warning, wing mirror not adjusting. Not to mention the scrapes on the font bumper and the rust spot on the bonnet. I've not requested any of that be fixed because I appreciate an old car will have issues.
However I do expect it to at least be roadworthy, especially coming from a dealer. So I expect the two major issues, which weren't evident on a test drive, to be fixed.
jammy-git said:
Why not? Regardless of the price I expect a car that can be driven? The battery went flat on my way back from the dealer due to the alternator not working and in the week it's sat on the drive it's dumped a load of oil.
There are numerous other faults; sunroof covers not retracting, ESP warning on, indicator/reverse light warning, wing mirror not adjusting. Not to mention the scrapes on the font bumper and the rust spot on the bonnet. I've not requested any of that be fixed because I appreciate an old car will have issues.
However I do expect it to at least be roadworthy, especially coming from a dealer. So I expect the two major issues, which weren't evident on a test drive, to be fixed.
Alternator, yesThere are numerous other faults; sunroof covers not retracting, ESP warning on, indicator/reverse light warning, wing mirror not adjusting. Not to mention the scrapes on the font bumper and the rust spot on the bonnet. I've not requested any of that be fixed because I appreciate an old car will have issues.
However I do expect it to at least be roadworthy, especially coming from a dealer. So I expect the two major issues, which weren't evident on a test drive, to be fixed.
Oil leak, yes, possibly depending how bad it is, all old cars will leak oil somewhere.
ESP light, yes.
All these are sensible requests.
Wing mirror, No.
Sunroof cover. No.
Reverse warning. No.
Scrapes on front bumper, and rust spot on bonnet...on a 1k car??.....Not a chance.
None of these make the car unfit for purpose.
Mexman said:
jammy-git said:
Why not? Regardless of the price I expect a car that can be driven? The battery went flat on my way back from the dealer due to the alternator not working and in the week it's sat on the drive it's dumped a load of oil.
There are numerous other faults; sunroof covers not retracting, ESP warning on, indicator/reverse light warning, wing mirror not adjusting. Not to mention the scrapes on the font bumper and the rust spot on the bonnet. I've not requested any of that be fixed because I appreciate an old car will have issues.
However I do expect it to at least be roadworthy, especially coming from a dealer. So I expect the two major issues, which weren't evident on a test drive, to be fixed.
Alternator, yesThere are numerous other faults; sunroof covers not retracting, ESP warning on, indicator/reverse light warning, wing mirror not adjusting. Not to mention the scrapes on the font bumper and the rust spot on the bonnet. I've not requested any of that be fixed because I appreciate an old car will have issues.
However I do expect it to at least be roadworthy, especially coming from a dealer. So I expect the two major issues, which weren't evident on a test drive, to be fixed.
Oil leak, yes, possibly depending how bad it is, all old cars will leak oil somewhere.
ESP light, yes.
All these are sensible requests.
Wing mirror, No.
Sunroof cover. No.
Reverse warning. No.
Scrapes on front bumper, and rust spot on bonnet...on a 1k car??.....Not a chance.
None of these make the car unfit for purpose.
One pos traded in for another equally b
ksed car results in looking for yet another pos in that price range. What was really expected of a cdi220 for less than a grand?
The dealer already knocked £350 off for just a pair of tyres which could be replaced with a £50pair of part worn.
The other £300 could be used to put right the oil leak surely..
A1VDY said:
This
One pos traded in for another equally bksed car results in looking for yet another pos in that price range.
What was really expected of a cdi220 for less than a grand?
The dealer already knocked £350 off for just a pair of tyres which could be replaced with a £50pair of part worn.
The other £300 could be used to put right the oil leak surely..
I think you need to read my posts again.One pos traded in for another equally b
ksed car results in looking for yet another pos in that price range. What was really expected of a cdi220 for less than a grand?
The dealer already knocked £350 off for just a pair of tyres which could be replaced with a £50pair of part worn.
The other £300 could be used to put right the oil leak surely..
He took my car, which we both valued at £300 - practically scrap. He knocked £50 off for the tyres. I've already said I don't expect most of the list of issues to be fixed because I recognise it's a very cheap car.
jammy-git said:
I think you need to read my posts again.
He took my car, which we both valued at £300 - practically scrap. He knocked £50 off for the tyres. I've already said I don't expect most of the list of issues to be fixed because I recognise it's a very cheap car.
As I noted I think you also need to be cautious - if he has almost no profit in the car, set your expectations for how much he will put into it being "fixed properly" or "bodged to get it through 6 months"He took my car, which we both valued at £300 - practically scrap. He knocked £50 off for the tyres. I've already said I don't expect most of the list of issues to be fixed because I recognise it's a very cheap car.
xjay1337 said:
I'm no mechanic but can't really see how an oil leak would cause an alternator problem.
I'm not saying it is in this case, but on the Rover 75 / MG ZT diesel the oil filter is right above the alternator.If you aren't careful, each time the filter is changed, you spill oil on the alternator which kills it in the long run.
Hmm
Just had a look at realoem and the alternator on those c220 are quite low.
I still think it's a bit of a joke when you have traded a stty car, not as described, for another car, which as it turns out is not as described.
I really wonder why you would even buy from a dealer at such a price.
Much rather have a genuine private sale.
Anyway I hope you get the solution / outcome you want.
Just had a look at realoem and the alternator on those c220 are quite low.
I still think it's a bit of a joke when you have traded a s
tty car, not as described, for another car, which as it turns out is not as described.I really wonder why you would even buy from a dealer at such a price.
Much rather have a genuine private sale.
Anyway I hope you get the solution / outcome you want.
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