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Approved dealership mis-selling used car

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  • Approved dealership mis-selling used car

    We purchased a used car from a large, well-known approved dealership. It was advertised as being in very good condition for its age. The website states that any accompanying invoices for repairs etc. would be available to us to give us piece of mind. This influenced our decision to pay a dealer's premium price. The website makes a very big deal about customers being given information about the history of the vehicle. When we met with the sales manager he point black refused to let us even glance at any paperwork and said he was not allowed to let us see them because of GDPR. We have the MOT info. from online and the service stamps but nothing else.

    There were two faults that required us driving back to the dealership within the first 2 weeks. The dealer refused to pause the 30 days whilst the work/investigations were carried out. We asked in person and via email and were refused both times.

    The dealership supposedly did a ‘rigorous’ check of the car pre-purchase and the paperwork for this states that there are no actions needed. Windscreen, bodywork, underbody protection, warning lamps and corrosion marked as inspected with no issues. Car arrived with big roof dent (repaired by dealer after request). Week afterwards engine lights all on – back to garage but no fault found. Crack in windscreen noted after 6 weeks that was likely there beforehand. We have left this as we've no proof that this is the case.

    Most concerning, we noticed a rusty component and took the car back to dealership. We requested to see it up on the jacks. The level of underbody rust for the age of the car is in our view consistent with being kept in very salty coastal conditions and is not usual for the age of this car. Some components e.g. drive shaft heavily corroded. Without viewing the car himself, a member of staff emailed us and said that this was just surface rust consistent with the age of the car (2014) and that all components were superfically rusty. The offer from the dealership is to underseal parts of the car (which parts, and what treatment, we do not know). We disagree a) that it is surface rust for all components (chunks have flaked off in some areas and there is pitting) and b) that simply undersealing over this level of deterioration will provide durability. We are concerned about the safety of some of these areas of weakness.

    Whilst the car was at the dealership we noted some large black areas underneath. The technician said that they were unsure whether it was repaired and they did not know whether this should be on the car as a standard thing or not. We have no idea of what these areas are and the dealer let us leave the premises none the wiser. It could be a repair (which may have been in the paperwork we were not allowed to see). It could be something less concerning. We feel that if a tech who works on this make and model all the time is not sure whether two large chunks of black stuff shold be there this person cannot possibly be qualified to state that the underbody has been inspected to be fine (as per the check paperwork).

    The dealership stated very explicitly in the ad and in person that this was a car in very good condition for its age, with no issues, and we believed the that check was rigorous. We were told it was unlikely we would see the dealership apart from the annual service, such was its quality. We have already driven there and back 3 times for repairs and investigations and they are wanting it back in again. We feel that the dealership was unfair in not pausing the 30 days and by not letting us see invoices and feel that this indicates that the dealership does not honour our rights and may not in future. We reject the offer from someone who has not viewed the car to slap unspecified underseal on unnamed parts of the vehicle as we contend that the rust is not universally superficial.

    We have had the car 3 months. We would like to reject the car and not take the offer of underseal as we feel it's a bigger issue than that. We believe we have been mis-sold the vehicle and that the dealer has hidden information about its past. Are we within our rights here please?

    Tags: None

  • #2
    Hi DD65

    Here's some guidance - https://www.autoexpress.co.uk/tips-a...ghts-explained

    How did you pay for it?

    Keep all communication in writing. I'm not sure why you kept taking it back to be fixed.

    https://www.which.co.uk/consumer-rig...r-aeziX3M7tYNw

    Comment


    • #3
      We paid via debit card.

      Comment


      • #4
        They have no choice but to pause the 30 days if you are talking about CRA 2015

        you have already allowed them to repair so now send them a letter rejecting the car

        Comment


        • #5
          Originally posted by DD65 View Post
          We paid via debit card.
          Is that Visa debit?

          If by Visa Debit - there are time limits to make a claim, 120 days, gather all the evidence, then lodge a claim.

          https://www.visa.co.uk/how-you-pay-m...-disputes.html

          Comment


          • #6
            They agreed to fix the bonnet dent on day one, which we felt was fair (though we were unsure as to why it was missed, but it's a car with a high roof), and they assured us that the electric warning lights issue was simply a case of it not being used for a bit. We stated that if the lights fault turned out to relate to anything significant we would reject it but it didn't, so we didn't.

            It's time number three, when the level of corrosion appears, that is the issue for us (and a new issue from #1 and #2) but we are now after the 30 days but well before 6 months.

            Comment


            • #7
              The corrosion can't be said to be down to wear and tear in this short time, such is its extent.

              Comment


              • #8
                Can we reject the offer of repair? It hasn't had the underseal (their offer) done because we don't think that this will solve the corrosion and I have read that just undersealing over that level of rust will hide it, that's all, but also may make any future welded repair harder.

                We don't think it in in our best interests to accept it as it feels that down the line it'll make it easier for them to refuse our claim that we wish to refuse the car. I wondered if we had to accept the underseal.

                Comment


                • #9
                  This is a 7 year old car.
                  Bear in mind that the quality of goods is satisfactory if they meet the standard that a reasonable person would consider satisfactory, taking account of—

                  (a)any description of the goods, (very good condition for its age,)

                  (b)the price or other consideration for the goods (if relevant), and (how much did you pay?)

                  (c)all the other relevant circumstance (make , model, mileage?)

                  You really need to obtain an independent engineers report if you intend pursuing this through the courts.

                  As ostell once you reported the vehicle unsatisfactory the clock is stopped until it is brought to a satisfactory condition. This is not necessarily just repairing the fault you brought to the dealers attention.
                  Last edited by des8; 15th August 2021, 18:07:PM.

                  Comment


                  • #10
                    Yes, we will need to go down the route of an independent check I should think. May be wrong, but it feels as though there are 2 strands - the current dispute over the state of the car but also the dealer refusing to give us information (despite their website claims) that would have influenced our decision. Whatever the outcome it's the first and last time we'll ever buy secondhand from a main dealer, that's for sure! Feel as though we would have been better off with a local garage.

                    Comment


                    • #11
                      https://www.themotorombudsman.org/co...ehicle-reports

                      Comment

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