Car purchase issue 😢

[Dazb76]

Hi all, here we go:

I purchased a used vehicle on 1st of march( delivered on 8th March) upon delivery after the dealer had left I found out the heater motor didn't work. I contacted him straight away to which he replied " it was working on the way to me, but if not I should purchase a part from eBay and fix myself" upon investigation myself I noticed a loose wire which I soldered together and hey presto the heater worked.

Now this is where it gets rubbish.

I then went and picked up my wife and children and took them out for a nice ride in the "new car" this was when we found that the passenger side heating didn't work......

I contact said seller next day (after I had contacted an independent garage with an over the phone estimate of said problem) and to which again he tried to push me towards parts on eBay. The estimate given by the garage was between £250-£500.

The dealer offered me £100 which unfortunately I accepted thinking that I really liked the vehicle and would take a small financial hit and get the vehicle repaired.

The vehicle was booked in and on inspection and a diagnostic test it was found to have numerous issues including parts missing. The final estimate for the work to be completed was going to be in excess of £1000. ( I paid £168 for this info)

I contacted the seller and who fobbed me off completely actually suggesting that I wait until summer to sell the vehicle myself as the heater wouldn't get checked!!!

I got in touch with citizens advice and they helped me with a template letter which I asked for a refund as I was within the first 28 days of purchase. I have now received a letter on their behalf from "lawgistics" saying that it's not the traders problem as I had accepted the £100 for the heater issue.

I am a little stuck now on which route to take. I have also stopped using the vehicle on advice from the citizens advice.

Any help would be much appreciated.

P.s. Thanks for taking the time to read this. Please feel free to ask me any questions.

[R0b]

Re: Car purchase issue 😢

Where did you purchase the vehicle from?
Did you inspect it prior to purchase?
What was the description of the vehicle when it was advertised?
You may have accepted £100 for the heater issue but that wouldn't extend to other issues such as parts missing or numerous faults or issues. That being said it also depends on the age of the vehicle too. The vehicle should be in a roadworthy condition and conform to the description on the advert or whatever questions you might have asked in person.

If the diagnostics test was done within the first 30 days of purchase then you can claim an automatic refund. If it's outside of this then the trader will have the choice to repair or replace the vehicle at his own discretion. If the trader refuses to do either then your recourse will be a refund. Although you may have to go to court over this.

It would be helpful to see the letter from "lawgistics" too. If you can upload a picture of t with personal information redacted. To do this you need to click on the go advanced button and then there is a paper clip icon above the message box that allows you to upload documents.

[Dazb76]

Re: Car purchase issue 😢

Hi ROb


I purchased the car with cash from "prides motor cars" west Sussex.


I did test drive the vehicle and the heater was working but I didn't check that the passenger side was as it is dual controlled.


The car is 13 years old and the description was:


One owner car with low genuine mileage. Service history, New 12 Months MOT, Hpi clear and warranted miles. Part exchange just in and way too good to send to the auctions. Full leather, Radio CD / Cassette, Computer, Four Wheel Drive, Air Con, Alloys... Top specification model. Drives very well. Please call for more info, pictures to follow.


The diagnosis was done within the first 30 days. Just to clarify that the missing parts and dodgy wiring was all in relation to the heater.

I've attached some more description details on the car, plus the letter I sent, and the one I received.

[R0b]

Re: Car purchase issue 😢

Hi Dazb,

You are in a tricky situation because you did indeed accept £100 without taking it for a diagnostics and the £100 relates to the heater blower. You've also taken it for a test drive and I appreciate that things may have been working at the time, you do also have to appreciate the age of the vehicle as Lawgistics have indicated. Under the Consumer Rights Act the consumer has a right to repair or replace or accept a price reduction of the goods purchased. By accepting the £100 regardless of the fact they call it a goodwill gesture, that could be deemed as accepting a reduction in the price of the goods purchased. It would be reasonable for a dealer to inspect the vehicle and conduct checks as far as their knowledge goes (not all dealers are expert mechanics and may not employ any but just sell and buy cars) but I think it would be unreasonable for them to begin prodding around and taking of parts of the fascia or removing parts to see that everything is working fine.

This is where the description of the vehicle will come into play and if it is not described accurately then you could have a valid argument in that respect. The question is guess is whether the advertisement which states that the vehicle is in way too good condition to go to auction is a misrepresentation because of a problematic blower which is only found to be a fault on further tests and diagnostics? Given that the vehicle is 13 years old and if everything else is in working order, possibly not.

It all comes back to the fact you accepted the £100 for the problem. In my opinion I don't think you have any case for redress unless there is another problem, for example the vehicle has an MOT but is not actually not in a roadworthy condition. You would then have a further argument to bring against the dealer for misrepresentation and unsatisfactory quality.

Probably not what you wanted to hear but maybe next time you accept an offer for something that is faulty, be sure to have it checked out first, especially vehicles when there could be multiple underlying issues that turns out expensive. Alternatively, get the seller to repair the vehicle themselves at their own expense which you are within your rights to ask.

I've tagged [MENTION=39710]des8[/MENTION] as he may have something further to add and may or may not agree with me. Either way you will need to weigh up your options, take a hit on it and get it fixed or the alternative would be legal action and I am not so sure you have a good chance of winning. You'd need a really a strong argument to say that the £100 was not an acceptance of a price reduction and really was just a 'goodwill gesture'.

[des8]

Re: Car purchase issue 😢

Taking into account the info we have, I would agree with R0b that you would have an uphill struggle to win a court claim .

Just let the passenger suffer!

[Dazb76]

Re: Car purchase issue 😢

Hi, sorry it's taken a while to reply, but thank you for the help. Car is on eBay as we speak. Thanks again.

[R0b]

Re: Car purchase issue 😢

Thanks for the update