Garage potentially lied on PDI - what are my rights?

[Leetommy14]

Hi there,

I purchased a used Ford Focus from an independent garage over the weekend. I haven't bought from a dealer in quite some time, so I'm not familiar with the processes.

I took the car for a test drive. All seemed OK apart from what I thought was a very slight sound from the rear of the car, but I wasn't sure if I was imagining it. I mentioned it to the dealer, 'nothing to worry about if you can barely hear anything' was the reply.

Several days in there is a very prominent knocking sound when accelerating and braking with anything over a very cautious speed. On top of that, when we have checked the coolant, it is way under the minimum and the cap is broken so you can't access it. The oil was also under the minimum, yet the PDI sheet shows they were both ckecked and were adequate. This to me indicates the dealer didn't actually perform the checks.

I am also concerned that a lot of the checks show as 'not satiafactory'. I queried this before we took the car, and the agent explained they have to class it as that for checks they are unable to carry out, such as wiring damage, and that this was standard practice as smaller garages only check the main things such as fluids, windows etc. To add to all this, I asked if I could purchase the car in my partners name without her present. They said I could sign my name for her, which seemed odd, but I went ahead. This also means the PDI does not have her signature on, so legally the customer has not signed to say the PDI is accurate.

I have spoken to the garage who have asked me to come back in with the vehicle. I am asking you guys ahead of time to know my rights, as some research has shown they're not always ameanable to customers needing aftercare.

Any advice would be much appreciated!

Thanks all

[des8]

I would have the car checked by an independent engineer
Pre delivery checks are meaningless... as a consumer they give you no reassurance as you have no way of knowing how good they are.

[ostell]

You have the right, under the consumer rights act 2015, to reject the car within 30 days. Get that independant check as soon as possible and if not satisfactory then write to the dealer as soon as you can, and in any case within the 30 days.

[Leetommy14]

Thanks for the advice all. Where would I stand legally with regards to them allowing my signature in place of my partner's? There's nothing on there saying I signed for her.

[des8]

Doesn't matter who signs or doesn't sign a PDI form
It is a check list for the retailer to ensure he does a proper check and misse nothing out.
It should be signed by the dealer/engineer to show they have done it all
Whether or not the customer signs it has no bearing on the contract to buy.
The customer hasn't done the check so his signature would only signify he the customer has seen the form, not that he agrees the checks were done correctly or at all.

[Leetommy14]

I see. Thanks for explaining it. Hopefully they'll play nice and none of this will matter!

[Leetommy14]

Just a follow up, I'm heading into the garage today. The owner has made hints that if the issues with the noises from the back wheels are down to wear and tear, they would cover the parts of we paid the labour. Am I right in thinking that wear and tear to the point of replacement should not be present at point of purchase? If it is, wouldn't be be classed as not fit for purpose since they need replacing and the vehicle isn't road worthy?

Thanks again

[ostell]

So he has admitted that there is a fault then you have the absolute right to reject. Take a friend as a witness. Keep quiet and let him make the offer to repair first then you say you are rejecting. Within the first 30 days you do not have to give him the opportunity to repair.

[Leetommy14]

Not yet, I'm taking the car in this morning, but they made allusions to that as a potential solution if it were to be the case on the phone.

I'm familiar with the consumer rights act, I just wasn't sure how it applied to vehicles, happy to hear its the same. Could they potentially say the fault developed after the sale? If so, am I right I thinking the onus is on them to prove otherwise?

[ostell]

After 30 days it is assumed that the fault exists at delivery, before 30 days I'm not sure but others suggest you have to show the fault existed (which you did by commenting on it during the test drive) so let him admit there is a fault.

[des8]

If rejecting within the first 30 days it is for the consumer to prove the vehicle was unsatisfactory at the time of delivery

Prominent knocking noise within a few days of purchase .... sudden onset of wear & tear..... dealer trying to bamboozle you!
Are you mechanically knowledgeable about cars?
Did you have it inspected as suggested?

[Leetommy14]

I haven't been able to afford an independent inspection unfortunately.

I've just dropped it off. The fella recieving it was the one that did the PDI. When I pointed out the coolant that was way under with a cap that couldn't be removed, he tried blagging that he did a visual inspection and all was fine. There is no leak, so already doubting their integrity.

Should be with them for a couple of hours, so I'll let you know what they say!

Thanks for all your advice so far!

[Leetommy14]

UPDATE!

After some truly shocking customer service (apparently telling the customer their car hasn't even been looked at nearly two hours after an appointment time while shovelling a Mars Bar into your face is perfectly acceptable) the garage told me they'd addreas s the issue (something to do with the exhaust being loose, causing a banging), and they'd they'd replaced the coolant cap and topped it up.

All seems good!

When driving away, thanks to the lack of the loud knocking noise, a new noise became apparent. A prominent scratching sound from the front when I applied the brakes. Another phone call to the garage, this time with a VERY rude owner. Refused to say if they'd replace the brakes if an independent inspector ction proved they were worn before purchase. Told me to get the test done, then we'll discuss it further. Gladly, I thought.

After taking advantage of Halfords free brake check, they halped me out and inspected a bit deeper down. I expect this is to drum up more business, but I'll take it. They found that the front disks were warped, both front pads way under the limit, suspension bushes worn beyond practical use, and suspension fluid leaking from the rear.

So, my question to you good people, what would you do after all this? Demand a return? Take the repairs if they offered them? It's all been a bit of a sh*t show so far! I'm not sure I trust anything else they tell me.

Thanks all for your help so far.

[des8]

I would write rejecting the vehicle as unsatisfactory and not fit for purpose.
Tell them why it is so and request a full refund
Further tell them that failure to collect the vehicle (which has to be at their cost) and failure to refund within 14 days and you will initiate court action without further reference to themselves

If you paid for it using HP, inform the finance company and tell them you will be initiating a section 75 claim
Likewise if you used a credit card