Reporting a dealer
Discussion
Im not sure if there is standards in place or weather there is no grounds and just deal with it.
My friend bought a 53 plate sport ka from a used car dealer (dont know who or where)just over a week ago. She picked it up on the wednesday and on the friday she noticed it had an oil leak and also the battery was knackered (possibly from it sitting on forecourt, common problem i know). She phoned the dealer on the friday and he said to take it back and they would check it out. Fast forward to wednesday just gone and she dropped the car off. Recieved a phone call later in the day to say that the oil leak was a cracked oil filter and it needed a new battery. She was then told that these were servicable parts and not covered under the warrenty and that it would cost £130 pounds to fix.
I fully understand that these are servicable parts but am i right in saying that after 2 days of having the car the dealer should have stumped up or was he right in charging. Imo if it had been after a few weeks i would understand but not as the problem arose straight away. The dealer has basiclly said not his problem and i was wondering if she should just leave the matter and carry on or should she report him (anyone know who to if so).
My friend bought a 53 plate sport ka from a used car dealer (dont know who or where)just over a week ago. She picked it up on the wednesday and on the friday she noticed it had an oil leak and also the battery was knackered (possibly from it sitting on forecourt, common problem i know). She phoned the dealer on the friday and he said to take it back and they would check it out. Fast forward to wednesday just gone and she dropped the car off. Recieved a phone call later in the day to say that the oil leak was a cracked oil filter and it needed a new battery. She was then told that these were servicable parts and not covered under the warrenty and that it would cost £130 pounds to fix.
I fully understand that these are servicable parts but am i right in saying that after 2 days of having the car the dealer should have stumped up or was he right in charging. Imo if it had been after a few weeks i would understand but not as the problem arose straight away. The dealer has basiclly said not his problem and i was wondering if she should just leave the matter and carry on or should she report him (anyone know who to if so).
The battery is a service item and you might have trouble, but given that it's only two days she could threaten to reject the car on the basis that it does not function satisfactorily, and that would soon get them to fit a new one. It is blindingly obvious that what's killed the battery is sitting on the forecourt, though, so it's bloody cheeky of the dealer.
As for the oil filter, well, no matter how long you leave that without changing it it shouldn't start leaking oil, unless it was hilariously overtightened when fitted, so that they should sort out anyway.
As for the oil filter, well, no matter how long you leave that without changing it it shouldn't start leaking oil, unless it was hilariously overtightened when fitted, so that they should sort out anyway.
As far as I am aware cars bought through dealers should be serviceable and road worthy and the Trading Standards give a guide of three months guarantee irrespective of any third party warranty the dealer may have arranged. I think she should remind the dealer of current legislation and ask for her money back or report them to Trading Standards.
Pip
Pip
If she had put up a fuss the dealer probably would have replaced it all for free. He was just taking a gamble that she would pay up and the gamble worked out.
Under the Sale Of Goods Act the dealer has to sell a car in roadworthy condition and fit for purpose. 6 months after purchasing the car it's on the dealer to prove that the car wasn't faulty when sold. After 6 months of purchase it's up to the buyer to prove the car was faulty at time of purchase.
Since a couple of days isn't 6 months and a flat battery and cracked oil filter makes a car unfit for purpose it should have been the dealers responsibility.
You could report him to Trading Standards but unless you have anything in writing you won't get anywhere. Plus all the works done now so unless anything else does go wrong with the car it might just be best to move on.
Under the Sale Of Goods Act the dealer has to sell a car in roadworthy condition and fit for purpose. 6 months after purchasing the car it's on the dealer to prove that the car wasn't faulty when sold. After 6 months of purchase it's up to the buyer to prove the car was faulty at time of purchase.
Since a couple of days isn't 6 months and a flat battery and cracked oil filter makes a car unfit for purpose it should have been the dealers responsibility.
You could report him to Trading Standards but unless you have anything in writing you won't get anywhere. Plus all the works done now so unless anything else does go wrong with the car it might just be best to move on.
Edited by DanielC4GP on Saturday 3rd December 10:47
t to meReport to whom?
Trading Standards would only be interested in dangerous or unroadworthy cars being advertised or sold. A flat battery and oil leak is neither.
A buyer's only recourse under SoGA is legal action by the buyer, at the buyer's expense and buyer's risk should they not win. No one else will do it.
Trading Standards would only be interested in dangerous or unroadworthy cars being advertised or sold. A flat battery and oil leak is neither.
A buyer's only recourse under SoGA is legal action by the buyer, at the buyer's expense and buyer's risk should they not win. No one else will do it.
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