Purchased a second hand car from reputable local dealer that is burning lots of oil

[andycm]

Hi,
I’m very new to this forum and I’m not sure if I have posted this in the right section.

I purchased a used car from a used car dealer in Kent in November 2022. About 2 weeks after purchasing the low oil level warning message (add 1 litre) came on and I contacted the dealership to ask if the car had been serviced as advertised and they said yes and to add oil to top the engine. I topped up the car with 750ml oil.

After about 100 miles of driving, the low oil level message came up again and I contacted the dealer to rectify. Initially they didn’t believe me but after dropping it off they replaced the PCV valve. I got my car back and it still burnt a similar amount of oil.

I contacted the dealership again to state that the car was still burning oil and I also got a local mechanic to check my oil level before and after a 70 mile drive, it lost about 1 litre on the dipstick and they have written me letter stating that they observed this and topped up the oil before I left.

At this point I invoked my short term right to reject the car as it was still within the 30 day period. I got told by the dealer that they would need to carry out an inspection to prove my claims as was their legal right. So, I returned the car to them once again.

On the day of drop off they sent Just under a week later they contact me to say the oil level was still
on maximum after my drive down to the dealership (100 mile trip). This drive was very slow due to torrential rain. They sent me a second video around 5 days later stating that they had travelled 221 miles and the car has burnt 280ml of oil. The car appears to be burning a lot of oil under high load/RPM. The dealer also stated that they were counting my 100 mile trip as part of their test making the total distance 321 miles and 280ml of oil burnt.

The car is an Audi and Audi say that their cars can burn up to 500ml of oil every 620 miles (1000km). I spoke to mechanic at the local Audi service centre and they said that this figure was under any driving conditions.
This is the basis that the dealer is using to disprove my claims about the car.

The dealer is claiming that there is nothing wrong with the car as it’s within Audi’s tolerance of oil burn (500ml per 620 miles). They would not be granting my short term right to reject. They then told me to remove my car from their site or face a £15 per day storage fee.

I would like some advice on the next steps please. I have booked the car into Audi for an oil consumption test as I believe this way would show conclusively that there is a fault with the car. The dealer already dismissed me taking the car to Audi earlier on before I took it back to them the first time, saying that Audi would created thousands of pounds of work.

To top it off, the dealer is accusing me of having ‘buyers remorse’ over the car purchase. The person I’m dealing with at the dealership (one of the owners) is quite unpleasant on the message exchanges. He has also stated some very dubious things during the message exchanges such as the Consumer Rights Act 2015 stating that a car must have a ‘serious fault’ as the actual wording.

Do I have a realistic chance of taking this dealer to the small claims court for the £12,100 purchase price once I get the diagnosis from Audi?

Thanks for your time if you’ve read through this to the end.

[des8]

Consumer Rights Act 2015 does not state anything about "serious fault", just that quality of goods is "satisfactory if they meet the standard that a reasonable person would consider satisfactory, taking account" condition, price etc (https://www.legislation.gov.uk/ukpga...tion/9/enacted).

It is for you to demonstrate if the oil consumption is so excessive that the vehicle is unsatisfactory.
An Audi main dealer consumption test should help you decide

If your claim is in excess of £10,000 it will not be allocated to the small claims track

[andycm]

Thanks for your welcome and reply DES8.

I did invoke the short term right to reject with the 30 days but the 30 days have elapsed now. I collected the car from their premises to avoid the £15 per day charge and left it at that. My appointment with Audi is on 09/01/23. Am I still able to pursue the short term right to reject?

Alternatively, if I decide to keep the car (due to the costs of pursuing the full claim), can I use Audi’s diagnosis and subsequent quotation to obtain a price reduction due to the fault?

The car came with an aftermarket warranty which covers the engine, it will only cover £3,000 per claim however and £60+Vat of labour. Audi is £180 per hour. Would it be an option to claim under the aftermarket warranty and pursue the dealer for the difference I’ll need to pay?

As you can probably tell, I’m not very experienced in these matters.

Thanks very much for your help so, it is much appreciated.

Cheers,
Andy

[des8]

As you invoked your short term right IMO that does not lapse whilst you are obtaining the proof you require.

You have the alternative of seeking a price reduction, or claiming the balance after applying the warranty

How did you pay for the vehicle cash/finance/credit card?
other avenues for obtaining refund may be available

[andycm]

Thanks very much clarifying.

Unfortunately, I paid the full car price of £12,100 via debit card. In hindsight and for future purchases of this nature I’ll be finding a way to pay via credit card.

Thanks very much again for your help!

[andycm]

Hi DES8,

I hope all is well.

So, Audi confirmed the oil consumption problem and have said that the car needs new pistons and rings (£5,000).

I’ve sent them a final email before action using the template on the Citizens Advice Bureau website.

My question is, I’ve left out any mention of making the car available for them to collect, should I send them a follow up email confirming where they can collect the car from and the available times for collection?

The dealer also threatened me before by threatening to charge me £15 per day storage fee if I didn’t remove the car from their premises within 1 week. This was after they ‘proved’ the car wasn’t faulty. I know it’s petty but could I threaten them with the same thing for removing the car from my land?

[des8]

Is this the template you used ? https://www.citizensadvice.org.uk/co...-faulty-goods/

It won't hurt to tell the dealer where the vehicle is and when it is available for collection.

No, you can't charge him whilst holding the vehicle for his collection.
Similarly his threat to charge would not have been upheld in court.

On a lighter note that template from CAB interestingly seems to be trying to enforce the right to reject 8 years after purchase

[andycm]

Yeah that’s the exact template I used.

OK, I’ve sent a follow up email to make it clear where the car is and when collection is available.

Haha I’m hoping I’m not still waiting for my refund in 8 years time

[andycm]

Thanks very much for your advice again.

[andycm]

Hi DES8,

I hope all is well.

Just a quick one, I’ve not heard from the car dealer yet but if this should get to past the 14 days and I submit the claim via MCOL (£605 court costs I believe), if the car dealer pays me once he receives the papers, am I £605 out of pocket? Or am I submitting a MCOL for £12,100 + £605?

[des8]

The claim form issued to defendant will include court fees.

You do realise that a claim over £10,000 will be allocated to the fast track and that this could have cost implications?

[andycm]

Hi DES8,

I understand that it won’t be allocated to small claims if it’s over £10,000, however please could you clarify the potential cost implications?

I also understand it is advisable for me to look into hiring a solicitor as it’s over £10,000.

I’m not as knowledgeable on all of this as I’d like.

[andycm]

Hi DES8,

I have had a think over night and did some brief research about fast track. It does sound a lot less desirable that the small claims court.

I think purchasing the car dealer for a price reduction may be a better option as the claim will be under £10,000 then.

My question is that, 2 other items (other than the engine issue) were found. Near side shock absorber leaking and rear pads 90% both MOT fails. The car has done around 2500 miles since purchased (mainly due to oil consumption testing) and was sold with a valid MOT. Could I pursue the dealer for these 2 items as well? I’ve read that the dealer will need to prove these weren’t present at the time of sale but just wanted clarity.

Once again, I really appreciate your help with this.

[des8]

IMO you would be unlikely to recover the cost of brake pads, but could proably win on shock absorber.
However "don't ask..don't get"! so why not . It is easier to negotiate down than up!

I would push for price reduction with a view to covering costs of bringing vehicle to satisfactory standard.
The dealer may offer to do the work, or arrange for it to be done under warranty and he pays the top up.

In view of the mileage you have done I would look to negotiate a deal rather than go for the lottery (and stress and delay) of a court case.

[andycm]

Yeah I’ll push for the brake pads as well. It’s interesting that the last MOT was done at the end of October 2022 and there were no advisories on the brake pads (I haven’t driven particularly hard on the brakes since owning).

Yes I think I’ll pursue a price reduction now as if they do refuse I can direct it to small claims worse case scenario. I’ll be trying to strike a deal though to avoid this.

Thanks for your advice and help with all of this!