Used car develops fault 3 months after purchase

[Bubble99]

Hello, I'm new and would really like some advice to help my daughter please. She bought a used car in January 2016 from a used car sales place. It has developed a fault. it has an engine management light on and is vibrating. We took it to our local repairs garage last week who ran a diagnostics. It is misfiring and has a low fuel pressure reading. They changed the sparks plugs and coil pack but it is still showing these faults. They said it would have to go to VW for diagnostics. It is booked in for the day after tomorrow the diagnostic costs £95. Apparently this engine VW 1.4tsi has common faults on the timing chain (stretching) and Cam follower/bucket. Should we have contacted the garage where she bought it from first? It is 10 days out of warranty, which is why we took it our local garage. Are we too late to contact the garage where she bought it from and if we did would there be any help in covering the cost of repairs. (Worst case senario new engine.) My daughter cannot afford huge repair bills and is really upset. the car is a 59 plate and has done less than 60.000 miles.

Thank you, Bubble99

[des8]

Re: Used car develops fault 3 months after purchase

Hi and Welcome.

Your daughter does have certain rights under the Consumer Rights Act 2015.
The warranty, now expired, would have given extra rights.
She now has to rely on CRA.

The act states the car must be "as described" &"of satisfactory quality" &" fit for purpose" taking into account the car's age and mileage.
She has 6 months in which to reject the car, but has to allow the dealer the opportunity to repair the vehicle.
At this stage a refund following rejection may only be partial, to reflect the use the purchaser has had off the car

She should now contact the dealer and explain the problem.
Keep a record of what is said, and get any verbal agreements put into writing.

If this fails she must give the dealer her reasons for rejecting the vehicle in writing.
If he dealer refuses to accept he rejection VW customer relations dept might assist, or failing that Resolver.Co. UK might mediate.

If all else fails there is court!

Was the car bought via Hire Purchase, or using a credit or debit car?
All these methods provide some form f protection.

[Bubble99]

Re: Used car develops fault 3 months after purchase

Thank you for your quick reply.
She paid by Bacs. Why on earth didn't I think to pay part of it on my credit card? Hind sight is a wonderful thing.
To be honest the whole situation is making me feel sick. TYhe car was £5995 and cannot be driven at the moment. It's an awful lot of money to loose.
Thank you, I will contact the garage today.

[Bubble99]

Re: Used car develops fault 3 months after purchase

I telephoned the dealer where she bought the car from, they said they would repair the car when we find out what's wrong with it but my daughter would have to pay. I'm not sure that the dealers local garage would have the expertise to repair the injectors and probably wont have the diagnostic equipment either. The garage that we normally use and trust will not repair the car for us as they don't have the expertise.
The car has been to vw garage today and they think it could be the injectors, how ever they are not sure until they take the injectors apart. They have quoted £400 labour and £700 for parts. They also do a visual check on the car and have said there is pipe bolted to the engine that shouldn't be there and they don't know what it is, a seat belt has been fitted the wrong way round and several LEDs in the indicators aren't working.
I really don't know what to tell her to do.
Should we let vw take the car apart and try to find the problem.
Do we risk it going to the dealers local garage?
Do you think the things that are wrong with the car gives us enough evidence to say it is not of satisfactory quality? it is 6 years old and has done 53.000 miles. I know it's not brand spaNKing new, bit it's not exactly ancient either.

[des8]

Re: Used car develops fault 3 months after purchase

I haven't seen the car and I am not a qualified mechanic, but it does seem it is not of satisfactory quality.

The dealer needs to read the Consumer Rights Act 2015!
S23

(2)

If the consumer requires the trader to repair or replace the goods, the trader must—

(a)

do so within a reasonable time and without significant inconvenience to the consumer, and

(b)

bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).

The car is faulty. This is evidenced by the illuminated management light and vibration.
It is for the dealer to diagnose the problem and either repair it or refund the purchase price.
It is not incumbent on the purchaser to diagnose the problem, and you have already gone beyond your responsibilities.

I would now write to the dealer rejecting the vehicle and requesting the refund.
List all that you know is wrong with the vehicle.
Explain that by implicitly refusing to diagnose the problem & requiring the customer to bear the cost. they have implicitly declined to repair the vehicle, and are therefore left with having to refund.
In the letter advise them they have 14 days in which to confirm the refund, otherwise you will initiate court proceedings without further advice.

[Bubble99]

Re: Used car develops fault 3 months after purchase

Thank you so much for this. I will keep you informed of the outcome.

[Bubble99]

Re: Used car develops fault 3 months after purchase

Update.
We sent a letter stating the consumer rights act 2015 and asked that they either repaired or refund my daughters money. They received the letter Monday 9th May. They said they would collect the car the following morning, they didn't. We rang them and they said they would call at some point in the afternoon, they didn't. My daughter had to take a day off at her internment post because of this. We rang them the following day and they finally collected the car late that afternoon. They took the car to their repair garage for diagnostics, however they didn't have the skills there to repair it. They sent the car to a different garage who said they thought it was a headgasket problem and would sort it. Now they are saying it is not a head gasket and is more serious and were waiting for the technician to get back to them this afternoon when Georgia rang them at 3.45pm today. We told them in the letter what VW had diagnosed (a problem with the compressors and the repair would cost £4500.) When Georgia rang them she asked to speak to the manager, they couldn't find him and told her they would get him to ring her back today or tomorrow. She has told them she wants a refund as this situation has gone on for long enough.
What can we do now? I'd really like to get this resolved the car has been off the road for 3 weeks and we are struggling to get my daughter to work without her car.
It 14 days since we sent the letter.

Thank you.

[des8]

Re: Used car develops fault 3 months after purchase

I would send the dealers an email advising that as they have failed to take advantageof the opportunity to repair the vehicle you require a full refund as per telephone call today.
As they have not responded you are now initiating court proceedings, which will inevitably cause them additional expense.
Then start preparing your court claim (http://www.justice.gov.uk/downloads/...tart-guide.pdf) and hopefully the dealer will get back to you before you get round to lodging the claim.
But don't over delay!

[Bubble99]

Re: Used car develops fault 3 months after purchase

Thank you for your quick response. We will do that.

Bubble