Help with my dodgy new car

[Shona3104]

Bought second hand car 12 days ago from dealer on finance done through carfinance247.the guy said it smoked a bit on cold start up which he showed me .it was literally small puff then gone it was mot 2 weeks prior so I thought it was nothing major as my shotgun was the same and never had problem.no advisories on mot but I have looked and I don't have the emmisions pass either.car is now an expensive tractor as it has a dropped valve .the garage offered me 250 toward repair as he sold it with no warranty and said he don't want it back.finance people are going to try to speak to him tomorrow but have been told I can reject the car but not sure what will happen with that and what it could cost me any help or advice would be very much appreciated

[ostell]

You have 30 days to reject the car without having to accept a repair. It's in the Consumer Rights Act 2015. Write to the dealer and the finance coompnay stating that you are rejecting the car under the Consumer Rights Act for not merchantable quality. You expect the car to be picked up and your money refunded.

[des8]

However be ready for a refusal to accept your rejection.
As you are rejecting within the first thirty days the finance company might well insist that you prove the vehicle was faulty when purchased.
Did you request a repair?
If so you may not have the right to reject until they have attempted to repair.

[Shona3104]

I was told that it smoked a little at cold start and he showed me got more out of my tag a he knew something was wrong but said he thought turbo anyway I got the car after test drive round built up area so couldn't open it up but ran ok I called him and he offered £250 towards repair I said no cos it's more like 1250 so now financ247 who I dealt with are going to call him and they said I can reject it but not sure what could cost me if I do only habit 10 days and it dropped valve but I have not got the emmisions report that mot did 2 weeks before

[Shona3104]

I am worried that I could end up with a car to pay for that don't work because finance company get funny bout it .my warranty I took out on it says I need to have oil and filter done and other stuff checked before it helps even though it was only mot on 24/05/18 and it should not be driven with valve issue ready for a bullet to the head cos I keep hitting a brick wall each time I turn around# feeling very low not knowing what to do#

[des8]

Wait and see what finance company come back with.
If you reject or have it repaired you should be dealing with the finance company as they are the owners

What make, model and year of manufacture? price and mileage?
Did you see it advertised.?.if so what was the description and do you still have/can you get a copy of advert?
What did the dealer say about the car whilst you were buying it? Were there any witnesses?

AND IF IT MAY HAVE DROPPED A VALVE DO NOT UNDER ANY CIRCUMSTANCES TRY AND START THE ENGINE.
It may already be severely damaged in any case.

[Shona3104]

Mazda y 2.2td sport 59 plate 112000ml and no I dont remember ad but didn't mention smoke till called to say on way to get it but said I could come and have a look anyway.they didn't try to put me off that much as he said could be turbo or something not so bad but as it only just got mot thought can't be that serious or emission test would show something with new rules bout smoke I have had a look and the papers I have don't have new emission test with mot so can't say what it showed .the car was on carfinance247 site also who it was that I got it through

[des8]

Carfinance 247 are only brokers.
Do you know who is the actual finance company?

[Shona3104]

Advantage finance but only spoke with 247 as they say I need to deal with them right now .they have called the garage and surprise he was not available but the guy who spoke to them said she was made aware of an issue but signed paper sold as seen.it states smoke at start but I don't have emmisions result cos when it was mot it did not do any milkage from there so should have had smoke then aswell

[des8]

You will have a problem, in that you bought the vehicle acknowledging it had a fault.
A judge could well hold that you should have had the fault investigated, and cannot now rely on it to claim the vehicle is unsatisfactory.
However you might be able to claim it is unfit for purpose, as a car with a minor fault can still be driven, but this car cannot .
You were told it was only a puff of smoke on starting and probably only the turbo, as if it was only a minor problem.

If it had a dropped valve when you purchased it I would have expected you to hear it.
A dropped valve usually breaks off at the stem and the head rattles around the top of the piston causing all sorts of problems and noise.
A puff of smoke on start up indicates oil pooling which could come from a faulty valve.
Burnt out valve will give rough idle, reduced power backfiring and misfire
How much use did you get from the car after purchase?
Presumably you drove it home << how far? and for a day or two afterwards?
What sort of mileage did you do and did the problem gradually worsen or was it sudden?
Who has diagnosed a dropped valve? qualified mechanic?

You should be dealing with Advantage, to whom you need to write stating your requirements.
Do you want to reject the vehicle, or do you want it repaired?

Don't worry about that "sold as seen".. it has no legal standing at all. It is a meaningless statement that dealers use to escape liability for the products they sell. It is both illegal and improper to use this kind of statement .

[Shona3104]

Used car for 8 days when realised it was just not right smoke got more but never noticed any noise at first and yes a garage looked at it and said valve gone in total about 400 miles in total as use for work etc they must have ran the vehicle also to get it out for me to look at they never said anything about any noise now it just sits in the drive like an expensive ornament

[des8]

Garage said "valve gone"????? did they mean burnt out or dropped.
If it was dropped I'm a bit surprised you managed to drive 400 miles.

[Shona3104]

Only dropped couple days ago not when I first picked it up they thought it was turbo I have warranty but got it looked at and it was fine had diagnostic done and no faults on it so now I got a heap of c#@p

[Shona3104]

Sorry the garage said dropped valve no compression in one of them????

[des8]

Burnt out valve and there be no compression on that cylinder.

Basically the head will have to come off to see what has happened, and what has been damaged internally.

It seems that everyone is washing their hands of the problem.
You need to write to the finance company Advantage and tell them you are invoking your rights under the Consumer Rights Act 2015 and rejecting the car under your short term rights as the vehicle is unsatisfactory and not fit for purpose.
You require them to refund your deposit and any instalments you have paid.