Another Faulty Vehicle advice request

[Lynnezelle]

:doggieyes:Hi,

I am looking for advice re. a used car I purchased from a car dealer.

I purchased a 2005 VW Polo 1.2 with 86,000+ miles on the clock for £2100 from a car dealer I found through Auto Trader.

On inspection of the vehicle there were no obvious faults but I did check things like oil, water etc. I mentioned at the time of inspection that the oil appeared to be 'dirty' which indicated it could be old oil but was told the car had just been MOT'd and the oil had been changed.
I liked the car and went ahead with the purchase in February 2016 but did not take delivery until March 1st 2016.
On March 2nd I started the car and attempted to drive to work. I got no further than the end of the road (about 20 metres) when the car died on me. I had ot catch the bus to work and once the dealership opened I rang and explained the problem. I was told the car would be picked up and taken to the garage they used for the MOT's and repairs on the vehicles sold at the dealers.
The car had to be towed to the garage from where I had left it as there was no power whatsoever. I was informed the problem was with one of the coils which had been replaced and after a couple of days I got the car back.

Monday 7^thMarch – Flashing Temp light showing on dashboard. Temp gauge up in130degree range. Checked coolant level. Correct level
Tuesday 8^thMarch – No heat from blowers, no temp gauge light showing but only cold aircoming through. Rang SCC, car will be picked up on Friday.
Friday 11^thMarch car collected from home and taken to garage – Told an airlock wasstopping the heater working.
Thursday 17^thMarch – Again experiencing problems – Thermostat in red zone, temperaturewarning light alarm sounding. Temp registering as 130 degrees. Indicatesoverheating but coolant level correct and light went off after a few minuteswhen stopped car.
AprilMonday 11^thApril – Still experiencing problems with Blowers, heaters and Thermostat.
Friday 15^thApril – Car collected and taken to Garage. Brought back on Saturday 16^th.
Friday 22^ndCar back in Garage for work on coils, heater and thermostat. EDC light now alsoon on dashboard!
In total the car has been back to the garage used by the dealer 10 times to date without there being an effective repair carried out.
I eventually took it to an independent garage after the issue with the Thermostat etc. continued. The Independent indicated it could be the Head Gasket. Rang the dealer and told them of the finding and was told to get the work done under warranty (car had a 12 month warranty for a £500 limit). Had 2 Diagnostics of the problem conducted under warranty, one diagnosed the problem was with the water pump but because the findings were not conclusive the warranty company required a second diagnostic test run which this time indicated the problem was either a cracked cylinder head/Head gasket problem but also this car has a timing chain which would need replacing. I have written to the dealer outlining every incidence and date the car was in the garage and requesting a refund/replacement or repair of the vehickle

[Kati]

Re: Another Faulty Vehicle advice request

tagging [MENTION=39710]des8[/MENTION] [MENTION=71570]R0b[/MENTION]

[R0b]

Re: Another Faulty Vehicle advice request

Hello,

When did you write to the dealer requesting a refund or repair of the vehicle and have you heard anything back? You have an automatic right of refund within 30 days if the car is faulty and you request it, but it sounds like you gave the dealer an option.

Either way it seems clear there is a lot of problems going on with the car. Was there any advertisement of the car online that you have to hand or was this something you saw in person?

The dealer can't rely on the warranty limit if the car is faulty and not of satisfactory quality. It is a legal obligation for him to repair or replace the vehicle at his own expense or alternatively replace you with another vehicle of the same type and model to your acceptance. If he doesn't have one then the obvious option would be to get a refund.

So to fix the problem it sounds like a repair to a head gasket and/or timing chain is required.

What exactly are you wanting to do now? Are you happy for it to be repaired/replaced or do you want a refund?

[Lynnezelle]

Re: Another Faulty Vehicle advice request

Hi rob and thanks for your reply. I wrote to the dealer on Friday 15th July as I was getting nowhere by telephone. I am happy to have the car repaired but do not want to be out of pocket. The cost of the repair is going to be in the region of £1000. I have recently had a reply from the dealer in which he states the issue with the car is not his problem as the garage they use carried out work to get the car through the MOT. In fact I had requested proof of the service carried out as the log book was only ticked against a service involving just an oil change and inspection but the document I received back this week seems to list a whole raft of repairs and replacement items that were never mentioned when I asked about any work carried out on the vehicle recently. I was just told it had been serviced and MOT'd. I would be happy to have the car repaired but I am not sure the garage the dealer uses is competent to carry out the work.i Did see the car advertised online on auto trader and everything mentioned about the car was positive and as a result made me call to arrange a visit to see the car but I never kept a copy of the advert.

[des8]

Re: Another Faulty Vehicle advice request

Oh dear, another dealer who doesn't know the law
It is most certainly his problem as HE sold the vehicle which was unsatisfactory and unfit for purpose.
You have offered to accept a repair for these faults, instead of rejecting the car.
He has now declined to repair it so you are entitled to a full refund of purchase price and any costs arising directly from the problems with the vehicle.
If you reject it he is responsible for collection at his cost.

You normally have 30 days for outright rejection. However whilst the car is waiting for repair the clock stops ticking from the time the dealer is notified, and recommences when the vehicle is delivered back repaired satisfactorily.
I would guess outright rejection is still an option.

[Lynnezelle]

Re: Another Faulty Vehicle advice request

Hi rob and thanks for your reply. I wrote to the dealer on Friday 15th July as I was getting nowhere by telephone. I am happy to have the car repaired but do not want to be out of pocket. The cost of the repair is going to be in the region of £1000. I have recently had a reply from the dealer in which he states the issue with the car is not his problem as the garage they use carried out work to get the car through the MOT. In fact I had requested proof of the service carried out as the log book was only ticked against a service involving just an oil change and inspection but the document I received back this week seems to list a whole raft of repairs and replacement items that were never mentioned when I asked about any work carried out on the vehicle recently. I was just told it had been serviced and MOT'd. I would be happy to have the car repaired but I am not sure the garage the dealer uses is competent to carry out the work.

[Lynnezelle]

Re: Another Faulty Vehicle advice request

Thanks des8, your reply is helpful. Can either yourself or ROb give me advice on how to proceed now the dealer has rejected my request for either a repair/replacement or refund which I did request in my letter to him. I would prefer the car to be repaired but the reply I received from the dealer states" in regards to your request of a full refund (I mentioned refund not full refund as I have had the car for a number of months and increased the mileage by nearly 1000 miles so was aware I would not get the full amount I had paid back) or to cover the cost of the above ( cylinder head/head gasket repaired and replacing timing chain as per advice from garage undertakind diagnostics on behalf of warranty company) I'm afraid this is not something we would be prepared to offer.I believe we have supplied you with a vehicle of satisfactory quality and that was fit for purpose at the point of sale.since you have taken delivery of the vehicle, we have replaced in March and April we replaced two faulty coils, replaced a third as a gesture of goodwill as well as replaced the spark plugs at no cost to yourself."The dealer also has enclosed invoices for repairs carried out in January to pass the not and involves for the coil and spark plug replacement but nothing regarding any work carried out to do with the issues relating to the temperature gauge, heater and problems which the car has also been into the garage they use for repair.

[ostell]

Re: Another Faulty Vehicle advice request

I would be very wary of letting this rabble repair the car. Might I suggest that you write to him and state that you have given him every opportunity to repair the car but he has failed. You are therefore asking for a refund of the price you paid and any additional costs. Refer to to his responsibilities under the Consumer Rights Act 2015 and request a date that he will make a refund and collect the car from you. You do not have to accept any further repair actions.

[des8]

Re: Another Faulty Vehicle advice request

Quite frankly with the possible problems that have been diagnosed I would go for a refund.
1) timing chains should last the lifetime of the car. (assume this is the model with a chain and not a cam belt) so what the hell has happened to cause it to be replaced.
2) cracked head willneed replacement
3) if head not cracked but head gasket failed the head might need skimming (as could even the block which many seem to ignore)
4) if replacng chain the tensioner should also be changed.
Add in the cost of Oil.coolant.gaskets filter and other sundries plus labour and I would not be surprised to see a figure round £2000 at a main dealers.
I most certainly wouldn't let the dealer arrange for his mate to do it .... cut corners and 6 months down the road you have a written off engine.

[Lynnezelle]

Re: Another Faulty Vehicle advice request

Thank you for your advice. I will start to go down the road of looking at a refund.
Many thanks to all for your replies.