Rejecting a used car with issues
Discussion
Hi all
Looking for some advice.
I purchased a used car this weekend with cash from a Trader working from his private residence (home).
I looked over the car and took it for a small test drive around London roads and didn't have a place to get it up to speed and everything seemed fine. Although he was insistent on playing the radio louder whilst we were on the test drive.
On the way home along the M4 I noticed that there is a whining noise coming from the engine/gearbox. After some research it could be the clutch bearing that is on its way out and to replace this including clutch and DMF is around £1000.
Do I have a right to reject the car and ask for a refund?
If so what are the next steps to take?
Here is the advert for the car
"Silver, grey met, full service history, s-line model 190 bhp, aircon, climate control, half black sport leather seats, 18 in s-line alloys, good tyres, alarm, cruise control, 2 key, remote central locking, very clean int/out, drives excellent, electric windows, electric mirrors, pas, abs, esp, traction control, cd, mot, very good condition."
Thanks in advance.
Looking for some advice.
I purchased a used car this weekend with cash from a Trader working from his private residence (home).
I looked over the car and took it for a small test drive around London roads and didn't have a place to get it up to speed and everything seemed fine. Although he was insistent on playing the radio louder whilst we were on the test drive.
On the way home along the M4 I noticed that there is a whining noise coming from the engine/gearbox. After some research it could be the clutch bearing that is on its way out and to replace this including clutch and DMF is around £1000.
Do I have a right to reject the car and ask for a refund?
If so what are the next steps to take?
Here is the advert for the car
"Silver, grey met, full service history, s-line model 190 bhp, aircon, climate control, half black sport leather seats, 18 in s-line alloys, good tyres, alarm, cruise control, 2 key, remote central locking, very clean int/out, drives excellent, electric windows, electric mirrors, pas, abs, esp, traction control, cd, mot, very good condition."
Thanks in advance.
kevcomdude said:
Hi all
Looking for some advice.
I purchased a used car this weekend with cash from a Trader working from his private residence (home).
I looked over the car and took it for a small test drive around London roads and didn't have a place to get it up to speed and everything seemed fine. Although he was insistent on playing the radio louder whilst we were on the test drive.
On the way home along the M4 I noticed that there is a whining noise coming from the engine/gearbox. After some research it could be the clutch bearing that is on its way out and to replace this including clutch and DMF is around £1000.
Do I have a right to reject the car and ask for a refund?
If so what are the next steps to take?
Here is the advert for the car
"Silver, grey met, full service history, s-line model 190 bhp, aircon, climate control, half black sport leather seats, 18 in s-line alloys, good tyres, alarm, cruise control, 2 key, remote central locking, very clean int/out, drives excellent, electric windows, electric mirrors, pas, abs, esp, traction control, cd, mot, very good condition."
Thanks in advance.
Looking for some advice.
I purchased a used car this weekend with cash from a Trader working from his private residence (home).
I looked over the car and took it for a small test drive around London roads and didn't have a place to get it up to speed and everything seemed fine. Although he was insistent on playing the radio louder whilst we were on the test drive.
On the way home along the M4 I noticed that there is a whining noise coming from the engine/gearbox. After some research it could be the clutch bearing that is on its way out and to replace this including clutch and DMF is around £1000.
Do I have a right to reject the car and ask for a refund?
If so what are the next steps to take?
Here is the advert for the car
"Silver, grey met, full service history, s-line model 190 bhp, aircon, climate control, half black sport leather seats, 18 in s-line alloys, good tyres, alarm, cruise control, 2 key, remote central locking, very clean int/out, drives excellent, electric windows, electric mirrors, pas, abs, esp, traction control, cd, mot, very good condition."
Thanks in advance.
Highlighted the bit in bold for you.
Monkeylegend said:
So did you buy it off him as a trader with the appropriate paperwork to verify this or was it a cash in hand deal which he will treat as a private sale.
I hope the music was good
Yeah it was a cash in hand deal with no appropriate paperwork, I am guessing this lands me in the Private sale section rather than Trader then?I hope the music was good
kevcomdude said:
Monkeylegend said:
So did you buy it off him as a trader with the appropriate paperwork to verify this or was it a cash in hand deal which he will treat as a private sale.
I hope the music was good
Yeah it was a cash in hand deal with no appropriate paperwork, I am guessing this lands me in the Private sale section rather than Trader then?I hope the music was good
Best to speak to him first and see what he says, the second word will probably be "off"
kevcomdude said:
Yeah it was a cash in hand deal with no appropriate paperwork, I am guessing this lands me in the Private sale section rather than Trader then?
Well no. If they are 'trading', then they are still legally bound by the same regulations, regardless of payment type. But lessons to learn:
1. Fully inspect the car properly BEFORE buying in the future. If you don't feel confident inspecting a vehicle, take someone with you who is, or consider paying for an independent inspection.
2. Always ask for a receipt, if it's a trader ensure the receipt is on headed paper or mentions the trading name. However, even if a private sale, ALWAYS ask for a receipt.
At the end of the day, you've bought a cheap old car (in motoring terms), that you inspected and paid for. Ultimately there is little comeback on this.
The defining point being the fault was present at the time you inspected it. And not one that developed afterwards, although even if it did, it doesn't give you an automatic right to a refund.
Best course of action is to phone or go round in person with the car and see the seller and explain you are not happy, but politely. And see how they stand on the matter. They might be prepared to help sort the problem or refund you, but they may not. However it will largely be goodwill on their part if they do either.
If they are not willing to help, you can of course get shouty and threaten this and that. It may work, or may not, but will likely be your last resort. I wouldn't go in guns blazing however, as it's just likely to annoy them.
Lastly, I suspect such a fault is not terminal anyway, although admittedly might be rather annoying. So it doesn't stop you using the car. Also, if it was a £2k car, then the trader will likely not have been making huge amounts of money on it, likely £200-500. So they are unlikely to want to spend £1000+ on fixing it for you.
Sorry to say, but this is probably one to chalk up to experience.
If you can accept the noise, then just use the car and get some monies worth out of it. Else maybe try selling it on an auction site and hope someone of similar ilk to yourself is happy to buy it off you.
Might be worth doing more research too, as you haven't 'got' to do the DMF and other bits to potentially fix this and get a usable vehicle out of it.
Edited by 300bhp/ton on Tuesday 18th April 15:35
kevcomdude said:
On the way home along the M4 I noticed that there is a whining noise coming from the engine/gearbox. After some research it could be the clutch bearing that is on its way out and to replace this including clutch and DMF is around £1000.
and it could not be. or is could go on making a noise for 4 years more and 20k miles.
£2k cars often make funny noises.
I don't get why people think a car which has probably gone round the world a few times and will be over 10 years old and costs roughly 7% of the equivalent new car today should be free from faults. Buying a used car is a gamble the older, cheaper (compared to new) and higher the mileage the bigger gamble. Why should the seller be responsible. You have the choice to buy or not you have the choice to get it inspected or not. The consumer rights act and 30 day find a fault and reject it is a load of b
ks the only person who has any power of enforcing it is a judge. A £25k new car now 10 years old 120k miles and now costing £2k is the same as as buying a £250 new washing machine that's now 10 years old washed a million pairs of underpants and now costs £20 if it makes a noise on full spin would you want your money back? Would a Judge really find in your favour I think not.
Talk to Citezens Advice and those idiots will tel you exactly what you want to hear. Oh yes you have the right to reject any faulty goods regardless of age price useage etc etc etc. This is not the case many buyers have wasted their time and money trying this and failed in court it's all down to reasonable expectations of what you buy. A 5 year old 50k miles car with FSH should be in reasonable order and if that fails fair play and the dealer should help. But not very old very high mileage and very cheap.
ks the only person who has any power of enforcing it is a judge. A £25k new car now 10 years old 120k miles and now costing £2k is the same as as buying a £250 new washing machine that's now 10 years old washed a million pairs of underpants and now costs £20 if it makes a noise on full spin would you want your money back? Would a Judge really find in your favour I think not. Talk to Citezens Advice and those idiots will tel you exactly what you want to hear. Oh yes you have the right to reject any faulty goods regardless of age price useage etc etc etc. This is not the case many buyers have wasted their time and money trying this and failed in court it's all down to reasonable expectations of what you buy. A 5 year old 50k miles car with FSH should be in reasonable order and if that fails fair play and the dealer should help. But not very old very high mileage and very cheap.
Edited by chris52 on Tuesday 18th April 23:42
S10GTA said:
kevcomdude said:
Hi all
Looking for some advice.
I purchased a used car this weekend with cash from a Trader working from his private residence (home).
I looked over the car and took it for a small test drive around London roads and didn't have a place to get it up to speed and everything seemed fine. Although he was insistent on playing the radio louder whilst we were on the test drive.
On the way home along the M4 I noticed that there is a whining noise coming from the engine/gearbox. After some research it could be the clutch bearing that is on its way out and to replace this including clutch and DMF is around £1000.
Do I have a right to reject the car and ask for a refund?
If so what are the next steps to take?
Here is the advert for the car
"Silver, grey met, full service history, s-line model 190 bhp, aircon, climate control, half black sport leather seats, 18 in s-line alloys, good tyres, alarm, cruise control, 2 key, remote central locking, very clean int/out, drives excellent, electric windows, electric mirrors, pas, abs, esp, traction control, cd, mot, very good condition."
Thanks in advance.
Looking for some advice.
I purchased a used car this weekend with cash from a Trader working from his private residence (home).
I looked over the car and took it for a small test drive around London roads and didn't have a place to get it up to speed and everything seemed fine. Although he was insistent on playing the radio louder whilst we were on the test drive.
On the way home along the M4 I noticed that there is a whining noise coming from the engine/gearbox. After some research it could be the clutch bearing that is on its way out and to replace this including clutch and DMF is around £1000.
Do I have a right to reject the car and ask for a refund?
If so what are the next steps to take?
Here is the advert for the car
"Silver, grey met, full service history, s-line model 190 bhp, aircon, climate control, half black sport leather seats, 18 in s-line alloys, good tyres, alarm, cruise control, 2 key, remote central locking, very clean int/out, drives excellent, electric windows, electric mirrors, pas, abs, esp, traction control, cd, mot, very good condition."
Thanks in advance.
Highlighted the bit in bold for you.
Just wait until grass starts growing from the front wings.
chris52 said:
I don't get why people think a car which has probably gone round the world a few times and will be over 10 years old and costs roughly 7% of the equivalent new car today should be free from faults. Buying a used car is a gamble the older, cheaper (compared to new) and higher the mileage the bigger gamble. Why should the seller be responsible. You have the choice to buy or not you have the choice to get it inspected or not. The consumer rights act and 30 day find a fault and reject it is a load of bks the only person who has any power of enforcing it is a judge. A £25k new car now 10 years old 120k miles and now costing £2k is the same as as buying a £250 new washing machine that's now 10 years old washed a million pairs of underpants and now costs £20 if it makes a noise on full spin would you want your money back? Would a Judge really find in your favour I think not.
Talk to Citezens Advice and those idiots will tel you exactly what you want to hear. Oh yes you have the right to reject any faulty goods regardless of age price useage etc etc etc. This is not the case many buyers have wasted their time and money trying this and failed in court it's all down to reasonable expectations of what you buy. A 5 year old 50k miles car with FSH should be in reasonable order and if that fails fair play and the dealer should help. But not very old very high mileage and very cheap.
Fantastic post well said.ks the only person who has any power of enforcing it is a judge. A £25k new car now 10 years old 120k miles and now costing £2k is the same as as buying a £250 new washing machine that's now 10 years old washed a million pairs of underpants and now costs £20 if it makes a noise on full spin would you want your money back? Would a Judge really find in your favour I think not. Talk to Citezens Advice and those idiots will tel you exactly what you want to hear. Oh yes you have the right to reject any faulty goods regardless of age price useage etc etc etc. This is not the case many buyers have wasted their time and money trying this and failed in court it's all down to reasonable expectations of what you buy. A 5 year old 50k miles car with FSH should be in reasonable order and if that fails fair play and the dealer should help. But not very old very high mileage and very cheap.
Edited by chris52 on Tuesday 18th April 23:42
OverSteery said:
kevcomdude said:
On the way home along the M4 I noticed that there is a whining noise coming from the engine/gearbox. After some research it could be the clutch bearing that is on its way out and to replace this including clutch and DMF is around £1000.
and it could not be. or is could go on making a noise for 4 years more and 20k miles.
£2k cars often make funny noises.
OP - you can go to him and say "I want to reject the car under the CRA2015." - because it's in the first 30 days, you have an absolute right to rejection.
He might accept and give you a full refund.
Or he might refuse.
If he refuses, then you need to make a decision.
If you want to try to enforce the rejection, then you need to IMMEDIATELY put the car beyond your use. Leave it on his premises, together with all the paperwork and keys. You then take out a small claim against him for the purchase price. You may or you may not win that case. If you win, you get your money back. If you do not win, then you need to collect your car - and you could be charged storage fees.
Are you absolutely 100% sure that he's a trader? Because, if not, then none of that applies - it's your car, unless you can prove he lied in the ad. And, from what you've said, he didn't. A small (and undiagnosed) noise on a £2k car doesn't inherently negate "very good condition, drives excellent". Your rights are tempered by reasonable expectations for the age, apparent condition and price.
chris52 said:
I don't get why people think a car which has probably gone round the world a few times and will be over 10 years old and costs roughly 7% of the equivalent new car today should be free from faults. Buying a used car is a gamble the older, cheaper (compared to new) and higher the mileage the bigger gamble. Why should the seller be responsible. You have the choice to buy or not you have the choice to get it inspected or not. The consumer rights act and 30 day find a fault and reject it is a load of bks the only person who has any power of enforcing it is a judge. A £25k new car now 10 years old 120k miles and now costing £2k is the same as as buying a £250 new washing machine that's now 10 years old washed a million pairs of underpants and now costs £20 if it makes a noise on full spin would you want your money back? Would a Judge really find in your favour I think not.
Talk to Citezens Advice and those idiots will tel you exactly what you want to hear. Oh yes you have the right to reject any faulty goods regardless of age price useage etc etc etc. This is not the case many buyers have wasted their time and money trying this and failed in court it's all down to reasonable expectations of what you buy. A 5 year old 50k miles car with FSH should be in reasonable order and if that fails fair play and the dealer should help. But not very old very high mileage and very cheap.
Just proposing an alternative view here... the law is there to try and stop traders who know exactly what is wrong with the car from pretending there isn't anything wrong with it and trying to fleece their customers. What the trader is supposed to do is to point out the issues with the car, after all it has been round the world several times, so that the customer purchases it with full disclosure and their eyes open. ks the only person who has any power of enforcing it is a judge. A £25k new car now 10 years old 120k miles and now costing £2k is the same as as buying a £250 new washing machine that's now 10 years old washed a million pairs of underpants and now costs £20 if it makes a noise on full spin would you want your money back? Would a Judge really find in your favour I think not. Talk to Citezens Advice and those idiots will tel you exactly what you want to hear. Oh yes you have the right to reject any faulty goods regardless of age price useage etc etc etc. This is not the case many buyers have wasted their time and money trying this and failed in court it's all down to reasonable expectations of what you buy. A 5 year old 50k miles car with FSH should be in reasonable order and if that fails fair play and the dealer should help. But not very old very high mileage and very cheap.
Edited by chris52 on Tuesday 18th April 23:42
The fact is, that the traders think they'll make more money by ripping people off, so that's what they do, and that's why the law is how it is. If they act responsibly they'll never fall foul of it.
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