Faulty Second Hand Car - Consumer Rights Act 2015
Discussion
Hi all,
On 6/2/21, I bought a 2007 Mini Cooper Clubman with 114k miles on the clock for £2,425. I bought the car from a small dealer and all was fine for about a week, or 150 or so miles, until the engine light came on.
I subsequently pulled over and called a mobile mechanic out to come and do a diagnostics test. There were two faults that came up on the test, and the mechanic believed that one of the faults was historic and had not been cleared, so he cleared both of the faults and told me that the light will likely come back on in a few days time, once it re-recognises the fault, and to call him when it does so. This happened on a Sunday, so I called the dealer who I bought the car from on the Monday to make him aware of the problem. He didn't seem so interested, but I said that I would keep him updated. I sent him a photograph of the diagnostics reading.
Two or three days later, the light came back on, the mechanic came back out to the car and plugged it in again and it it was fault code 276A, which is the catalytic conversion. I then made contact again with the dealer, who was still just as disinterested, and I said that I will be taking it to a Mini specialist so that we can find out the exact extent of the problem. I sent a picture of the latest diagnostics reading for his reference.
I have a friend who works as a mechanic at my local Sytner Mini/BMW dealership, so I immediately got in touch with him and he said to bring it down and he will have a look at it. After doing so, it became evident that the catalytic converter had crumbled from the inside, and has subsequently caused the o2 sensors to burn out, along with an array of further damage.
I got a quote for the repair work from my friend and he gave me the part numbers so that I could source them myself without paying the Mini dealer prices, which along with labor, would have likely come to more than what the car is worth.
I told this all to the dealer who I bought the car from and I sent him a copy of the parts required. The response I got was 'what am I supposed to do with this?'
I am pretty annoyed, as the car has obviously been sold with a pretty significant issue. I would ideally like to exercise my rights under the Consumer Rights Act 2015, but before pursuing a claim, I just want to make sure that I would actually have a case, as I don't want to fork out a load of money on one, lose it and then still be stuck with the repair bill.
The dealer is arguing that the car was sold as seen, I test drove it and was happy when I bought it. He said that you have to expect wear and tear for a car of this mileage and age. He said that he will look into the catalytic converter, but nothing else.
What on earth can I do? Do I have enough of a case to go to Trading Standards/The Small Claims Court? I do not trust him to carry out the work, I really would like it to be done by my friend at Mini.
On 6/2/21, I bought a 2007 Mini Cooper Clubman with 114k miles on the clock for £2,425. I bought the car from a small dealer and all was fine for about a week, or 150 or so miles, until the engine light came on.
I subsequently pulled over and called a mobile mechanic out to come and do a diagnostics test. There were two faults that came up on the test, and the mechanic believed that one of the faults was historic and had not been cleared, so he cleared both of the faults and told me that the light will likely come back on in a few days time, once it re-recognises the fault, and to call him when it does so. This happened on a Sunday, so I called the dealer who I bought the car from on the Monday to make him aware of the problem. He didn't seem so interested, but I said that I would keep him updated. I sent him a photograph of the diagnostics reading.
Two or three days later, the light came back on, the mechanic came back out to the car and plugged it in again and it it was fault code 276A, which is the catalytic conversion. I then made contact again with the dealer, who was still just as disinterested, and I said that I will be taking it to a Mini specialist so that we can find out the exact extent of the problem. I sent a picture of the latest diagnostics reading for his reference.
I have a friend who works as a mechanic at my local Sytner Mini/BMW dealership, so I immediately got in touch with him and he said to bring it down and he will have a look at it. After doing so, it became evident that the catalytic converter had crumbled from the inside, and has subsequently caused the o2 sensors to burn out, along with an array of further damage.
I got a quote for the repair work from my friend and he gave me the part numbers so that I could source them myself without paying the Mini dealer prices, which along with labor, would have likely come to more than what the car is worth.
I told this all to the dealer who I bought the car from and I sent him a copy of the parts required. The response I got was 'what am I supposed to do with this?'
I am pretty annoyed, as the car has obviously been sold with a pretty significant issue. I would ideally like to exercise my rights under the Consumer Rights Act 2015, but before pursuing a claim, I just want to make sure that I would actually have a case, as I don't want to fork out a load of money on one, lose it and then still be stuck with the repair bill.
The dealer is arguing that the car was sold as seen, I test drove it and was happy when I bought it. He said that you have to expect wear and tear for a car of this mileage and age. He said that he will look into the catalytic converter, but nothing else.
What on earth can I do? Do I have enough of a case to go to Trading Standards/The Small Claims Court? I do not trust him to carry out the work, I really would like it to be done by my friend at Mini.
Hol said:
I understand your concern about it breaking, but its nowhere near the £2000 disaster your mate is pretending.
A casual search shows that a brand new cat for your car is £130, if you buy sensibly.
https://www.cats2u.co.uk/mini/8928-mini-clubman-co...
I bought a cheap ebay one for one of my sons Aygo's and its still going strong 5 years later for the new owner. they aren't as good as the OEM, but they are good enough to pass an MOT, for the remaining years of your ownership.
£200, should cover the cat and a good aftermarket lambda sensor, so all you are missing is the labour from a trusted mobile mechanic or garage, who may even get the parts cheaper.
Take those numbers back to the dealer and see if he will make a contribution.
Someone, will probably insist on telling you, that ONLY a brand new BMW part is acceptable, as that is what you have fitted.
Simply remind them that what you actually have fitted is a broken 114K original part, not a functioning one likely to break at any time.
Yeah I have been searching the part numbers into autodoc.co.uk and I will be getting them for significantly less than what Mini would charge. My friend just gave me that so that I could use the part numbers to source my own parts. A casual search shows that a brand new cat for your car is £130, if you buy sensibly.
https://www.cats2u.co.uk/mini/8928-mini-clubman-co...
I bought a cheap ebay one for one of my sons Aygo's and its still going strong 5 years later for the new owner. they aren't as good as the OEM, but they are good enough to pass an MOT, for the remaining years of your ownership.
£200, should cover the cat and a good aftermarket lambda sensor, so all you are missing is the labour from a trusted mobile mechanic or garage, who may even get the parts cheaper.
Take those numbers back to the dealer and see if he will make a contribution.
Someone, will probably insist on telling you, that ONLY a brand new BMW part is acceptable, as that is what you have fitted.
Simply remind them that what you actually have fitted is a broken 114K original part, not a functioning one likely to break at any time.
gizlaroc said:
Absolutely this.
Jesus christ, I can't believe you think you can buy a 14 year old car for £2500 from a dealer, who has said he will fix it and you want to take it to a main dealer.
You're coming across as a muppet mate and the fact you are not allowing him to sort it means you won't have a leg to stand on if you pursue a claim.
Nearly every Mini of that age will have failing pre and post cat o2 sensors by the way.
I have previously stated that I do not want to or am planning on taking it to a main dealer for the repair. I happen to have a friend who works at a main dealer, I would prefer for him to do the work for me, not at the main dealer, not with main dealer prices. Jesus christ, I can't believe you think you can buy a 14 year old car for £2500 from a dealer, who has said he will fix it and you want to take it to a main dealer.
You're coming across as a muppet mate and the fact you are not allowing him to sort it means you won't have a leg to stand on if you pursue a claim.
Nearly every Mini of that age will have failing pre and post cat o2 sensors by the way.
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