Consumer rights second hand car

[Jimmycliff]

Hi all,

I’m hoping for some advice re my recent purchase of a second hand car.

I bought the car in Cornwall at the end of June 2023. I live in London but it looked like a good example it of what I was looking for (2017 Skoda Octavia Diesel) it has 110k miles on but has full service history and described as ‘immaculate’.

Being sold by a sole trader dealer. I went to Cornwall and did my best to do a thorough inspection of the car and despite there being no spare wheel, it seemed as described and all documentation and receipts were present.

The vendor was giving a 6 month or 3000 mile warranty with the car, although stipulated that this must be at his local garage. I disputed this and he said ‘it’s not my fault where you live’. Alarm bells were ringing but I said we would at least have to split the cost of recovery should something go wrong and that would suck up any savings he was making at his garage. It was left vague unfortunately with him saying we will cross that bridge if we come to it.

A month later I was on holiday in (ironically) Cornwall and the car broke down. There was engine management light and smoke and it was quite frightening with my partner and infant son in the car. We were in Penzance which is a good hour and a half from St Austell and the dealer’s local garage.

I contacted him at every stage explaining the situation. I had two AA call-outs and a desperate scramble to find a garage that could do the job on a Friday (an injector had failed along with all four injector seals - and expensive repair).

I informed the vendor before the work was done that the car was not drivable and recovery impractical and he agreed I could get the work done and, as I understood it, he would pay the parts and we would come to an agreement on labour as he gets that cheap at his local garage.

Anyway, got the injector done and two of the seals and the mechanic said it looked like the other seals had been gone for some time. I paid £570 for the job (£400 for the part). He advised the other seals needed doing asap but he had run out of time and did not work weekends.

I immediately informed the vendor and said most of the money in the part as you can see so please pay that and 1.5 hrs of your mechanic labour + vat.

Heard nothing for a few days until he comes back and says he could have got the part for £80 off eBay. I dispute this as OEM injectors (which I would have insisted on) are not less than £400 anywhere.

I have put all of this in an email and am keeping screenshots of the extensive WhatsApp thread but he is essentially saying he won’t pay more than £300. I am still needing to get the other seals done which will add to the price so this is not acceptable.

I envisage the final bill being about £850 and want him to pay it although I have made a concession on labour (which he says he can get for £20/hr).

I’m sorry this is long but I would like to know if I can use the consumer rights act to get a refund for the car as it is less than 6 months and it may well have had the fault (with the seals) when I bought it.

Is he culpable and do I have a leg to stand on? Even though he keeps saying that I don’t as I did not bring it to his garage as per the terms of his warranty?

Any help much appreciated!

[Pezza54]

Hi Jimmy
please read http://www.businesscompanion.info/fo...ights-act-2015

The 3rd example under 9.8, a car with 120k miles on the clock that develops a fault with the clutch 4 months after sale. Although clutch parts may have been worn and deteriorating at the time of sale, the advice provided is that as the car has high mileage and industry standards dictate that a clutch will probably need replacing after 100k miles then the car is not unsatisfactory under CRA

You can probably see what I am getting at. I am not a mechanic so I can't say whether the injectors and seals can be expected to fail and require replacement at 110k miles.

You bought a high mileage car. I am not convinced you would have a strong claim against the dealer. That is my opinion. Other forum users may disagree.

You could ask the dealer where the part for £80 is advertised on ebay and hope he has made a mistake.

[Pezza54]

I have just read that on average diesel injectors and seals require replacement after 90k miles

[Jimmycliff]

Thanks for your reply. Yes, the injectors do go, but this car was sold as full service history, well looked after and no faults, so I was thinking if it transpired it was actually faulty I would have a case

[des8]

If the injectors should have been changed and weren't I would certainly request the trader pays for the repair.

I would hold the car was unsatisfactory as it had not been serviced properly, and in any event if "goods ... do not conform to the contract at any time within the period of six months beginning with the day on which the goods were delivered to the consumer must be taken not to have conformed to it on that day." CRA 2015 Sec 19 (14)

Ignore his chatter about the warranty, concentrate on your statutory rights

Incidentally, how much did you pay and how? i.e. cash or credit/debit card/finance?

[Jimmycliff]

Hi paid £6.5k with some part ex on my old card. Used a debit unfortunately

[des8]

IMO you could reject the car, but it might be better to pursue him for the costs of repair, especially if the vehicle is otherwise OK.

[Jimmycliff]

This is my thinking. Really just want the majority of the cost but wanted to know I have the backing of the act in this case as something to bargain with

[des8]

So write (first class with free certificate of posting from post office) telling him what you want and advising him that if he doesn't respond positively within 14 days you will initiate a court claim as per your statutory rights set out in CRA 2015