Quick sense check on consumer law

[David-mthtml]

Hi all,

Just wanted to sense check my train of thought on this matter - bought a 2006 R32 earlier this month from a used car home trader/dealer that advertises on eBay. Had a minor issue with the rear brake light not working (common issue on these, looks like it hasn’t worked for a long time but wasn’t picked up on fresh MOT) contacted the seller and he refunded me the cost of the part which I fitted myself. A friend of mine also code scanned the vehicle and it had a post cat lambda sensor code stored as intermittent but no engine management light lit.

Fast forward to last week and the engine management light has come on but vehicle drives fine. Got said friend to read the codes again and the intermittent fault for the lambda sensor is now a permanent one. Contact seller again to which I’m told only engine faults are included with warranty not sensors. I dispute this as to my knowledge all used cars purchased from traders must carry a minimum of 6 months warranty.

His stance again was polite but firm that if it had happened on drive home or couple of days later he’d of refunded me but ultimately he said he cannot predict an engine management coming on.

I appreciate it’s only £80 or so for the sensor but am I within my rights to expect him to pay for it?

[Drumroll]

No.

[Drumroll]

I know my previous reply was rather short, but even if you are right how are you going to get him to put it right? There several options open to you all will cost you time and money. If you really think it's worth it for £80 go for it.

[anonymous-user]

David-mthtml said:

from a used car home trader/dealer that advertises on eBay.

I personally wouldn't give a driveway trader the time of day, surprised you managed to get them to pay for the brake light if i'm honest.

Buy the sensor and get it fitted, don't let it ruin the car for you.

In future buy from a decent dealer that offers 6 months warranty in writing with the car etc.

[DanL]

David-mthtml said:

I dispute this as to my knowledge all used cars purchased from traders must carry a minimum of 6 months warranty.

You would appear to be wrong: https://www.thecarexpert.co.uk/used-car-warranty-c...

article said:

No warranty at all?

It is not illegal for a trader to sell a car without a warranty, and this is fairly common on very cheap used cars (less than a couple of thousand pounds).

[Pericoloso]

How much is a 13yo R32 anyway ?

[hutchst]

"IF" he is a trader, then your only "warranty" is with respect to pre-existing faults not disclosed at the time of purchase. Your mate has confirmed that the fault now is different from when you bought it. The seller's argument will be that the sensor was in a condition commensurate with the age, price and mileage of the vehicle, i.e. 13 years old and past its sell-by date. He would be correct.

[anonymous-user]

I bought a navara a few tears back and it had a 4WD sensor problem.

I bought a new one on eBay and fitted it. No issues.

Suggest you do the same.

You may want to change your snowflake sensor at the same time

[anonymous-user]

keirik said:

You may want to change your snowflake sensor at the same time

Jesus Christ. How very original and helpful.

OP you don’t get six months warranty automatically - what you do get is a presumption under law that a fault which occurs less than six months after you purchased the car was pre-existing and it is down to the seller to show otherwise.

That doesn’t necessarily mean that you get everything fixed which shows up in the first six months because wear and tear, age of the vehicle etc are all factors.

On this age of car I’d be expecting things like a lambda sensor to need replacing from time to time, personally I’d just suck it up and get it replaced. Not worth the time or the hassle.

[coldel]

Buying a car from a dealer is covered under the CRA and often is just as good as a warranty. You have the right to reject the car within the first 30 days, after that but before 6 months if you discover a fault that was present at purchase the dealer is by law required to make a repair (the challenge here is proving the fault was present when you bought the car and the dealer did not make you aware of it) if they fail to remedy the problem you again can reject the car.

This AA page nicely sums it up, if you want the actual legal framework dive onto the gov.org pages and browse through the legislation.
https://www.theaa.com/car-buying/legal-rights

By the sounds of it, swallow the £80 get it fitted and enjoy the car, life is too short to waste chunks of your life and causing stress chasing a few quid.

[David-mthtml]

keirik said:

I bought a navara a few tears back and it had a 4WD sensor problem.

I bought a new one on eBay and fitted it. No issues.

Suggest you do the same.

You may want to change your snowflake sensor at the same time

Wow somebody needs to jump off the social media buzzword bandwagon don’t they

[anonymous-user]

David-mthtml said:

keirik said:

I bought a navara a few tears back and it had a 4WD sensor problem.

I bought a new one on eBay and fitted it. No issues.

Suggest you do the same.

You may want to change your snowflake sensor at the same time

Wow somebody needs to jump off the social media buzzword bandwagon don’t they

And maybe the OP needs to get in the real world and stop whining because a sensor on an old car is fked.

[David-mthtml]

Thanks for your help all. It seems my stance on the matter was wrong. It’s not the money that bothers me more the traders moral stance on it but I guess that’s to be expected

I’ll fit the sensor myself and move on with life lol

[coldel]

Traders will argue the toss to the end of time if it means getting out of paying for something, cannot expect morals in a lot of businesses especially car dealerships unfortunately. But yes, best just take the hit and move on, and enjoy hooning the car around.

[Oakey]

Pericoloso said:

How much is a 13yo R32 anyway ?

Between £5k-£7k at the VW place near me

[Butter Face]

David-mthtml said:

moral stance on it but I guess that’s to be expected

Why? You bought a used car for used money with a used sensor, no question on the 'moral stance' at all really.

[anonymous-user]

David-mthtml said:

Thanks for your help all. It seems my stance on the matter was wrong. It’s not the money that bothers me more the traders moral stance on it but I guess that’s to be expected

I’ll fit the sensor myself and move on with life lol

I'd argue the trader has been decent with you - sorted you out with the light cluster after all. Hardly the act of a total fly-by-night.

A duff lambda sensor on a reasonably old car six months in to ownership? Doesn't seem reasonable to expect them to sort that TBH, it's not something you wouldn't expect to happen due to normal wear and tear.

[captain_cynic]

keirik said:

And maybe the OP needs to get in the real world and stop whining because a sensor on an old car is fked.

OP asked a legitimate question and hasn't argued with the answer.

I think you are the one who needs to live in the real world. I've never met anyone who uses "snowflake" as a pejorative who wasn't completely disconnected from reality.

[BertBert]

charltjr said:

I'd argue the trader has been decent with you - sorted you out with the light cluster after all. Hardly the act of a total fly-by-night.

A duff lambda sensor on a reasonably old car six months in to ownership? Doesn't seem reasonable to expect them to sort that TBH, it's not something you wouldn't expect to happen due to normal wear and tear.

Where did you get the 6 months in?

[David-mthtml]

keirik said:

And maybe the OP needs to get in the real world and stop whining because a sensor on an old car is fked.

Wow you really are a bellend fair play. I explained my stance on the matter and asked for a sense check which I got from everyone but you.

I bought used car from dealer and mistakenly thought I’d get a bit more warranty than I actually got. Hardly whining.