Where do I stand?

[C5Steph]

Hi guys just bought my misses a 52 plate C5 2.2 HDI. Traded in her old kia rio as we had just spent over £600 on it getting in MOT'd and she had lost interest. When I test drove the car I noticed the diesel additive low light and the guy said it didn't need it. So we paid he gave us a 3 month warrenty and off we drove. First day she got it we got the unblock diesel filter message and limp home mode. Took it back and he reset it on his diagnostics computer saying he had no idea what was wrong and to see how it goes. After doing some reading I on here!!! I told him it does need the addative and that will be the cause of limp mode and the fault codes. He now says he refuses to pay for the filter to be cleaned or the additive to be filled! Where do I stand with this?! Surely he has to as otherwise the car isn't fit for the reason purchased? Currently a bit skint both being student so am getting a bit worried! Any help is welcomed! Cheers!

[oneday]

trading standards goods not fit for purpose

[qprdude]

Who's warranty? Written? If he is a registered garage you should have 14 days I think, to return as not fit for purpose. If it is his own written warranty, you need to read it carefully. Personally, I would be tempted to take it back and lock it up in front of his showroom door. To be legal, you might want to put your points in writing, dated and countersigned if possible. Take any pics you can of the faults that appear and record a history of all communications with the seller. Ask for a written refusal to comply with your complaints. Nobody wants to know if you don't have it in writing. Good luck.
Maybe as you are skint, the Citizens advice Bureau should be your first stop.

[Monkeyfeet]

Hopefully you'll get this sorted by the dealer, he'll give you back all of your money / fix it, you're happy, your missus is happy, and for that matter, so are we on the forum ( all nice folks here )
If however it looks like things aren't going to go well there might be an alternative - Now just something you need to consider:

List price of new filter / fitting / new fluid/ resetting computer etc etc not cheap. Remove filter + reprog DIY very cheap.
So maybe use dealer cost of fixing car to bargain a comfortable discount knowing you could diy for not much cash at all.

Draw back is you will need to do a little research on the forum to get the gist of whats involved to be able to decide to have this plan as a backup.
Plus side is there's plenty of users here who have done this mod.

[Old-Guy]

The law (statute and case) is quite clear. You are entitled to take it back and get your money back. His so-called warranty is an irrelevance - you are entitled to a product that is usable - clearly this car is not. You can find precise details of which Acts and Cases to quote from http://www.honestjohn.co.uk" onclick="window.open(this.href);return false;

If this crook is still refuses to give you a refund, DO NOT dump it on his forecourt; contact trading standards with a view to reporting him.

[qprdude]

Trading standards can be a useful place, but only if you have a couple of years to wait for your refund. Like all Government bodies, they seem to have only one gear, first.
CIB will give you advice on the best course of action. They may well refer you to the Trading standards, but I hope you're not in a hurry.

[CGATCX25GTITURBO]

there are some, not very nice used car dealers out there

[411514]

Your best bet would probably be questioning the 'Fit for purpose' test outlined in the sale of goods act. The mischief is breach of contract and the remedy is damages. To be frank I would not waste your time with trading standards (which if I recall do not exist anymore and have been amalgamated with various other more specialised enforcement departments).
The best course of action will be written correspondence outlining your situation and the way in which you would like the trader to resolve it, in a formal, polite and concise manner. Do not make flippant threats of various different sorts of legal action nor mention different judicial precedents as they are rather irrelevant to your action.
Remember before resorting to legal action you must exhaust all other possible routes of dispute resolution. Do not telephone the trader (although answer calls if he telephones you), over the course of say 3-4 weeks send 3-4 letters via royal mail, to the REGISTERED ADDRESS of the company (not the forecourt address necessarily) that clearly set out your position and your intention to seek legal recourse.
Your last resort should be sueing the business for damages via (probably in your case) the small claims court using the fast track procedure. Very quick, simple and cheap. I would imagine that if the trader does not pay up long before legal action, then immediately upon reciept of his court summons he will do, at least in my experience the majority of small businesses want neither a CCJ against their name, nor have the resources to contend an action.
Get maybe 3 quotes from registered garages for the cost of completing the repairs (i.e making the vehicle fit for purpose) as it is likely that it is this value that you will be sueing for rather than the purchase price.
Remember to keep a file of any correspondence with the company, names, dates and content. If you would like any more pointers then feel free to PM me, Sam.

[411514]

P.S, If you need any details (registered offices, director's names/address's e.t.c) let me know and I will try to help, Sam

[davewithington]

My daughter had a similar situation with a Rover 75 she bought.

The clutch hydraulics failed which is expensive to fix on these cars (gearbox out to change the slave cylinder) only two days after the purchase. As it's possible to hide the fault by bleeding the system up, I reckoned this is what the trader had done.

I took advice from a trader friend of mine, and after numerous registered letters, phone calls and texts with no response, she had the car fixed and pursued the trader through the small claims court, and recovered all her costs. Took about three months all together

[wheeler]

The only thing i would add to this is that the FAP replacement & fluid top up is maintenance, not a fault unless it is not due by milage yet. Should be every 50k or 75k miles depending on RP number.
Dont know the in & outs of the law on this but it could be seen as being no different to the service due warning light coming on & the car being due a service ??

[411514]

What Wheeler says is true and thus the success of a claim would probably hinge upon the interpretation of the nature of the 'issue'. i.e. Is it a materially significant defect with the vehicle, one that may render his contract to supply a good incomplete or your contract to purchase said good void; Or is it merely a consumable service item.
However legal considerations aside it certainly does not seem a particularly ethical or business savvy response that the trader has given you thus far.
Given the above your best course of action will probably be to engage in civil and constructive dialogue with the seller prior to any legal action.
However given the likely purchase cost of the car and the likely repair cost gut feeling is that an action should succeed. Acquire repair quotes and put these to the seller and if matters persist obtain an engineers report of the car detailing the likelihood of the issue being present and evident before sale. Sam

[qprdude]

The important sentence in the OP's question would seem to be "currently a bit skint". That being the case, and I've been there, an engineers report might not be possible, as it's unlikely to be a free service.

[spider]

I'd just be concerned it may be treated as a consumable although then again reading this topic the fault was *present* at the time of purchase and the seller did not rectify it to the buyers satisfaction and its not a standard 'wear and tear' item as you'd struggle to cause it to break in a short space of time, unlike say tyres or braking components.

[qprdude]

I'm thinking it could be interpreted as a service item. Did the car receive a pre sale service? Who knows, but get all communications in writing. Even if he phones, ask for confirmation in writing, as it's just possible that by going through the correct complaint procedures, he may decide it's not worth the hassle, and either repair the car or refund the purchase cost. As long as you are not abusive or aggressive, and just explain your reasons for being dissatisfied , you have at least prepared the way for further action.