Trader question - Car lost most of its oil after 6 days
Discussion
I was made redundant a few weeks ago (about a week after I moved house, but that's another story) - as a result, I had to buy a car (something I detest doing). I did the usual due dilligence and hunting and got a 60 plate 96k 320D from a trader (in case something went wrong as I got caught out the last time I did this) from a small trader in Doncaster.
I got the car 6 days ago and have done, maybe, 150 miles at the most and today there was a combination of smells from the car (odd tar like smell) which culminated in this (the trail above the car is where I drove past to turn the car around). There had been some smells on Friday, but I couldn't identify what they were or where they were coming from:
The guy that recovered the car said that the fluid smelt more like diesel than oil (and is probably a combination of both) and said it could be the turbo seal, but either way, driving it further was a very bad idea.
The question I have is how do I handle this with the trader? I like the car and I'd be happy with a repair, but I need a car. On the flip side, I've paid a decent amount of money for a car that's dropped all it's oil (probably) and I'd need to get it looked at even before I get it repaired. I also figured that the consumer rights act covers me here as having done such few miles in 6 days of ownership, I think I could argue that the fault was already there - If that's the case, could I reject the car? How would I do that if that's what I wanted to do? How do I even handle that conversation as I'm not the best when it comes to confrontation in this situation.
TL:DR - Bought a car 6 days ago. It seems to have broken. How do I handle this?
Thanks
JTW
I got the car 6 days ago and have done, maybe, 150 miles at the most and today there was a combination of smells from the car (odd tar like smell) which culminated in this (the trail above the car is where I drove past to turn the car around). There had been some smells on Friday, but I couldn't identify what they were or where they were coming from:
The guy that recovered the car said that the fluid smelt more like diesel than oil (and is probably a combination of both) and said it could be the turbo seal, but either way, driving it further was a very bad idea.
The question I have is how do I handle this with the trader? I like the car and I'd be happy with a repair, but I need a car. On the flip side, I've paid a decent amount of money for a car that's dropped all it's oil (probably) and I'd need to get it looked at even before I get it repaired. I also figured that the consumer rights act covers me here as having done such few miles in 6 days of ownership, I think I could argue that the fault was already there - If that's the case, could I reject the car? How would I do that if that's what I wanted to do? How do I even handle that conversation as I'm not the best when it comes to confrontation in this situation.
TL:DR - Bought a car 6 days ago. It seems to have broken. How do I handle this?
Thanks
JTW
anonymous said:
[redacted]
It was fine the Monday when I drove the 20 odd miles from Doncaster, on the Thursday I thought I smelt something, Friday I definitely did, Sunday this happened... (Didn't go anywhere on Saturday)A sealed crack might be possible I guess, it's something I'll point out to them.
Hats off to Green Flag for getting to me in under an hour though
james_TW said:
He's not local to me and getting it back would be a real headache.
I'll get the fault checked, then if he won't repair it, I'll go from there
This has the potential to open a can of worms.I'll get the fault checked, then if he won't repair it, I'll go from there
The trader can insist you return the car to them for repairs - they didn’t force you to buy from an inconvenience.
mattyprice4004 said:
james_TW said:
He's not local to me and getting it back would be a real headache.
I'll get the fault checked, then if he won't repair it, I'll go from there
This has the potential to open a can of worms.I'll get the fault checked, then if he won't repair it, I'll go from there
The trader can insist you return the car to them for repairs - they didn’t force you to buy from an inconvenience.
Major mishap could be simple fix though. Do not waste either of your time sending it to a bmw main dealer.
rallycross said:
mattyprice4004 said:
james_TW said:
He's not local to me and getting it back would be a real headache.
I'll get the fault checked, then if he won't repair it, I'll go from there
This has the potential to open a can of worms.I'll get the fault checked, then if he won't repair it, I'll go from there
The trader can insist you return the car to them for repairs - they didn’t force you to buy from an inconvenience.
Major mishap could be simple fix though. Do not waste either of your time sending it to a bmw main dealer.
Note it doesn't have to be a major mishap to lose lots of oil. A local garage told my neighbours their car wasn't worth fixing after a large oil leak. It was a mess underneath and hard to tell what had happened.
A bunch of blue roll later it was clean ish and apparent that road debris had managed to put a hole in the oil filter. Less than a tenner to resolve
A bunch of blue roll later it was clean ish and apparent that road debris had managed to put a hole in the oil filter. Less than a tenner to resolve
Flibble said:
I don't think you can reject without giving the dealer a chance to rectify the issue.
Not true. You have 30 days from date of purchase, after that you have to give them one chance to fix it. You are well within your rights to ask for your money back. Asking and getting are two completely different things though.james_TW said:
I'm going to get it recovered to either a BMW specialist or the BMW dealer to get it looked at. The trader is aware but until I get it diagnosed, it's impossible to know what'll happen. I just wanted to be prepared really
Don't bother with a dealer, if you need a mechanic, I'd recommend Descars on Doncaster Road in Edenthorpe, it's unlikely to need a BMW specialist to diagnose it.If you do need one, though, German Car Specialist are in the industrial estate at Kirk Sandall.
The Consumer Rights Act 2015 is on your side. Sadly, however, enforcing your rights can prove difficult!
Up to 30 days from purchase, you can get a full refund and don't need to give the trader any chance to repair/replace (but you can if you wish).
31 days to 6 months, the trader has to prove the fault wasn't there at the time of purchase. In this period, the trader can have one opportunity to replace/repair before requesting a refund.
From my understanding of this Act, you are required to allow the trader the chance to repair it themselves as opposed to you taking it to a garage of your choosing unless doing so would cause you significant inconvenience. If he's quite far away, then it's likely that it would cause you significant inconvenience. Yes, it isn't their fault you live far away from them but it's also not your fault that it developed a fault!
Up to 30 days from purchase, you can get a full refund and don't need to give the trader any chance to repair/replace (but you can if you wish).
31 days to 6 months, the trader has to prove the fault wasn't there at the time of purchase. In this period, the trader can have one opportunity to replace/repair before requesting a refund.
From my understanding of this Act, you are required to allow the trader the chance to repair it themselves as opposed to you taking it to a garage of your choosing unless doing so would cause you significant inconvenience. If he's quite far away, then it's likely that it would cause you significant inconvenience. Yes, it isn't their fault you live far away from them but it's also not your fault that it developed a fault!
InitialDave said:
james_TW said:
Thanks, I'm over in S
horpe though... I've got a few calls to make this morning 
Ah, I misunderstood who it was that's in Doncaster!horpe though... I've got a few calls to make this morning I've read up on my rights so I know where I stand, but not being local doesn't help. I only hope it's not a difficult fix - it's put me completely on edge as it's a stress I could do without. I've not spoken with him on the phone yet as it happened yesterday and he's responded to my messages at least, but I'm going to call somewhere shortly to see if I can have it recovered there
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