Dealer Trouble...
Discussion
I bought a used Nissan Micra about 2 weeks ago and we test drove it in a small patch of road where it wasn't possible to get above second gear,
and from the day we got it the gearbox was failing to get into third and fourth gear consistently. The advert promised a 6 month warranty.
I got in contact with them today and the dealer's saying that I'll have to send them a letter outlining the problem and he'll send it to the warranty
company where they'll "make a decision" - he say the warranty probably won't cover "sticky gears" (it's either the clutch or linkages which I'd be surprised to find are not covered).
He estimated the process of letters and warranty decision would take about a month (??). When I asked him what warranty company he uses he point blank refused to name them. Kinda get the hint I've fallen upon one of those dealers that you prey you never encounter...
Do I have any options here...?
and from the day we got it the gearbox was failing to get into third and fourth gear consistently. The advert promised a 6 month warranty.
I got in contact with them today and the dealer's saying that I'll have to send them a letter outlining the problem and he'll send it to the warranty
company where they'll "make a decision" - he say the warranty probably won't cover "sticky gears" (it's either the clutch or linkages which I'd be surprised to find are not covered).
He estimated the process of letters and warranty decision would take about a month (??). When I asked him what warranty company he uses he point blank refused to name them. Kinda get the hint I've fallen upon one of those dealers that you prey you never encounter...
Do I have any options here...?
Sounds as if it's a warranty which doesn't start until 30 days after he's sold the car; prior to that, he's supposed to stand any repairs himself. This is often the way that 'trade' warranties work.
He's using delaying tactics so that the warranty company will pay; I'd wager that he's had absolutely no contact with them yet.
Truth is that, if it was faulty from the point of sale, he has an obligation to fix it unless this was pointed out to you and formed part of the deal.
He's using delaying tactics so that the warranty company will pay; I'd wager that he's had absolutely no contact with them yet.
Truth is that, if it was faulty from the point of sale, he has an obligation to fix it unless this was pointed out to you and formed part of the deal.
littleredrooster said:
Sounds as if it's a warranty which doesn't start until 30 days after he's sold the car; prior to that, he's supposed to stand any repairs himself. This is often the way that 'trade' warranties work.
He's using delaying tactics so that the warranty company will pay; I'd wager that he's had absolutely no contact with them yet.
Truth is that, if it was faulty from the point of sale, he has an obligation to fix it unless this was pointed out to you and formed part of the deal.
I'm so naive...I guess what they would do ideally for their costs is get a warranty only when someone reports an issue :/He's using delaying tactics so that the warranty company will pay; I'd wager that he's had absolutely no contact with them yet.
Truth is that, if it was faulty from the point of sale, he has an obligation to fix it unless this was pointed out to you and formed part of the deal.
What the guy on the phone was saying makes a bit more sense if that's the case.
Toaster Pilot said:
Can you get him to give you something else to use while it's awaiting a decision?
Not sure...possibly. I think I'll need to go there at the weekend and see them - I get the feeling they're a bit of a part-time outfit and tend to be there only when someone is interested in looking at one of their cars 
Legally you probably have lots of potential for getting the car repaired or rejected.
From a practical point of view you might be a bit buggered.
This sounds like a fairly dodgy dealer.
It could be an expensive lesson.
Don't buy a car that you haven't test driven properly.
Don't buy a car from a part time dealer and expect good service.
Do get an independent inspection done before you spend your money.
Oh, and if you haven't done so already do an hpi check; in my experience these part time dealers often forget to mention it's cat C or D.
From a practical point of view you might be a bit buggered.
This sounds like a fairly dodgy dealer.
It could be an expensive lesson.
Don't buy a car that you haven't test driven properly.
Don't buy a car from a part time dealer and expect good service.
Do get an independent inspection done before you spend your money.
Oh, and if you haven't done so already do an hpi check; in my experience these part time dealers often forget to mention it's cat C or D.
NobleGuy said:
I bought a used Nissan Micra about 2 weeks ago and we test drove it in a small patch of road where it wasn't possible to get above second gear
Really? Why didn't you take it for a decent drive?How old is the car, how many miles, what sort of condition, price paid etc? Is it nearly new, full dealer history, or a £300 banger?
What EXACTLY did the advert say? Do you have a copy? What does your sale paperwork say? Any other mention of this "warranty"?
How is it "failing" to get into gear?
If it needs a new clutch then I doubt the warranty company will pay up, but that doesn't mean the dealer is off the hook... but is the problem only noticeable when changing to 3rd/4th? (1st,2nd,5th all fine)?
UpTheIron said:
NobleGuy said:
I bought a used Nissan Micra about 2 weeks ago and we test drove it in a small patch of road where it wasn't possible to get above second gear
Really? Why didn't you take it for a decent drive?How old is the car, how many miles, what sort of condition, price paid etc? Is it nearly new, full dealer history, or a £300 banger?
What EXACTLY did the advert say? Do you have a copy? What does your sale paperwork say? Any other mention of this "warranty"?
How is it "failing" to get into gear?
If it needs a new clutch then I doubt the warranty company will pay up, but that doesn't mean the dealer is off the hook... but is the problem only noticeable when changing to 3rd/4th? (1st,2nd,5th all fine)?
The car is an 06 plate with 55K miles and other gears are less troublesome but do cause issues less frequently. It manifests itslef mainly when you pull away from a junction/roundabout and you need the next gear a bit more quickly, where it usually makes a nasty noise and lots of empty revs.
The problem is that it it's not apparent when selecting low gears very deliberately (which is what we did when test driving...) and the test drive area didn't really allow for testing higher gears.
The test drive area may have something to do with the fact that despite the promise of tax and an MOT until 2015, when we inspected the paperwork when we got it home, it had neither. Sounds crazy now I type it out but there it is...we had a small window to find a car and we both get home late form work, so it was all a bit rushed and we didn't do some of the checks that we should've
Toaster Pilot said:
Can you get him to give you something else to use while it's awaiting a decision?
I certainly wouldn't be waiting for a decision from anyone. The car was faulty at the point of sale and needs to be repaired or refunded by the dealer. No-one else needs to be involved, and certainly not a warranty company. The longer you wait, the less chance of success you will have, IMO.Without a firm push from you, I'll predict the sequence of events:
1. After 30 days of to-ing-and-fro-ing, he'll start a dialogue with a warranty company.
2. He'll delay any correspondence and answers until you squeeze him repeatedly.
3. 30 days will turn into 60 days then 90 days.
4. Warranty company will eventually say "Sorry - fair wear and tear, not a mechanical breakage" The fact that it was present at the point of sale will have been hidden from them...and you might never find out who the company is.
5. Dealer will shrug his shoulders and say "Warranty company say no - sorry, can't help you any further"
Get it back to him and ask - politely but firmly - that it be repaired to a satisfactory standard commensurate with the price paid, or a refund organised before it is too late.
Buggered clutch or gearbox.
Questionable warranty.
No MOT or Tax.
If it was me I'd be suggesting that the dealer just take the car back, refund your money and you both go your separate ways.
As you're sure that neither of you want the hassle of getting trading standards or lawyers involved.
I don't want to sound heartless here, but you've put yourself in this position by ignoring pretty much every piece of used car buying advice that's ever been printed.
Questionable warranty.
No MOT or Tax.
If it was me I'd be suggesting that the dealer just take the car back, refund your money and you both go your separate ways.
As you're sure that neither of you want the hassle of getting trading standards or lawyers involved.
I don't want to sound heartless here, but you've put yourself in this position by ignoring pretty much every piece of used car buying advice that's ever been printed.
littleredrooster said:
Toaster Pilot said:
Can you get him to give you something else to use while it's awaiting a decision?
I certainly wouldn't be waiting for a decision from anyone. The car was faulty at the point of sale and needs to be repaired or refunded by the dealer. No-one else needs to be involved, and certainly not a warranty company. The longer you wait, the less chance of success you will have, IMO.Without a firm push from you, I'll predict the sequence of events:
1. After 30 days of to-ing-and-fro-ing, he'll start a dialogue with a warranty company.
2. He'll delay any correspondence and answers until you squeeze him repeatedly.
3. 30 days will turn into 60 days then 90 days.
4. Warranty company will eventually say "Sorry - fair wear and tear, not a mechanical breakage" The fact that it was present at the point of sale will have been hidden from them...and you might never find out who the company is.
5. Dealer will shrug his shoulders and say "Warranty company say no - sorry, can't help you any further"
Get it back to him and ask - politely but firmly - that it be repaired to a satisfactory standard commensurate with the price paid, or a refund organised before it is too late.
They also have a WeBuyAnyCar banner above their place, and they've just got back to me stating they have no connection with them :/
Snowboy said:
Buggered clutch or gearbox.
Questionable warranty.
No MOT or Tax.
If it was me I'd be suggesting that the dealer just take the car back, refund your money and you both go your separate ways.
As you're sure that neither of you want the hassle of getting trading standards or lawyers involved.
I don't want to sound heartless here, but you've put yourself in this position by ignoring pretty much every piece of used car buying advice that's ever been printed.
Yeah...you're absolutely right - we were just tired and got lazy when we could've saved ourselves a load of hassle...Questionable warranty.
No MOT or Tax.
If it was me I'd be suggesting that the dealer just take the car back, refund your money and you both go your separate ways.
As you're sure that neither of you want the hassle of getting trading standards or lawyers involved.
I don't want to sound heartless here, but you've put yourself in this position by ignoring pretty much every piece of used car buying advice that's ever been printed.
If I get the car repaired elsewhere can I still badger the dealer to repay?
NobleGuy said:
Snowboy said:
Buggered clutch or gearbox.
Questionable warranty.
No MOT or Tax.
If it was me I'd be suggesting that the dealer just take the car back, refund your money and you both go your separate ways.
As you're sure that neither of you want the hassle of getting trading standards or lawyers involved.
I don't want to sound heartless here, but you've put yourself in this position by ignoring pretty much every piece of used car buying advice that's ever been printed.
Yeah...you're absolutely right - we were just tired and got lazy when we could've saved ourselves a load of hassle...Questionable warranty.
No MOT or Tax.
If it was me I'd be suggesting that the dealer just take the car back, refund your money and you both go your separate ways.
As you're sure that neither of you want the hassle of getting trading standards or lawyers involved.
I don't want to sound heartless here, but you've put yourself in this position by ignoring pretty much every piece of used car buying advice that's ever been printed.
If I get the car repaired elsewhere can I still badger the dealer to repay?
NobleGuy said:
Yeah...you're absolutely right - we were just tired and got lazy when we could've saved ourselves a load of hassle...
If I get the car repaired elsewhere can I still badger the dealer to repay?
No.If I get the car repaired elsewhere can I still badger the dealer to repay?
I believe there are some extreme cases where this can be done, but this isn't one of them yet.
You have to give the dealer chance to fix the car.
Do you mind me asking how much you paid?
Snowboy said:
NobleGuy said:
Yeah...you're absolutely right - we were just tired and got lazy when we could've saved ourselves a load of hassle...
If I get the car repaired elsewhere can I still badger the dealer to repay?
No.If I get the car repaired elsewhere can I still badger the dealer to repay?
I believe there are some extreme cases where this can be done, but this isn't one of them yet.
You have to give the dealer chance to fix the car.
Do you mind me asking how much you paid?
It was £1900.
As has been stated, under the Sale of Goods Act the car as sold by a dealer has to be of satisfactory quality and fit for purpose. Some of it is age and cost related, i.e. if you bought a Cavalier for £100 you might reasonably expect something to be wrong with it, but in your case I don't think that applies.
The courts will expect you to come to them as a last resort only, so you have to show that you've exhausted all avenues first. Record all contact with the dealer and write to them recorded delivery. If you're not getting anywhere over the phone, try any trade bodies they might be a member of, and citizen's advice. The next step is a letter before action, and maybe a second. There is advice in the below link on how to write one. These steps will ensure that if the letters don't spur them into action you've got a good solid case for the small claims court.
http://www.adviceguide.org.uk/wales/consumer_w/con...
The courts will expect you to come to them as a last resort only, so you have to show that you've exhausted all avenues first. Record all contact with the dealer and write to them recorded delivery. If you're not getting anywhere over the phone, try any trade bodies they might be a member of, and citizen's advice. The next step is a letter before action, and maybe a second. There is advice in the below link on how to write one. These steps will ensure that if the letters don't spur them into action you've got a good solid case for the small claims court.
http://www.adviceguide.org.uk/wales/consumer_w/con...
NobleGuy said:
we test drove it in a small patch of road where it wasn't possible to get above second gear
From your profile you appear to be a "car guy". What on earth inspired you to buy a used car which hadn't been driven?Sorry I've not got any suggestions beyond getting a solicitor on it immediately to reject the car. But that depends how much the car cost as to whether it's worth chasing. Don't let this drag on; you need to bring it to a head very quickly or just put it down to experience.
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