Rights on purchasing second hand cars from independent dealer

[Mason]

Hi all, purchased a second hand car from a local garage on the 19th July using my credit card. Car was sold with a 3 month warranty 21st august my partner is driving along the local dual carriage way at 70mph when the car starts smoking badly and loosing power she has safely got the vehicle pulled over within 500 yards. Aa recovery came to the rescue and gave a report of lose of water from the engine due to a split rad hose causing the head gasket to go. Anyway long story short the garage have had a so called independent assessor out and claiming that we've left the oil filler cap of and they will not stand by any warranty, this isn't the case but not sure how I can go about disputing this any help would be very much appreciated

[Mason]

Re: Rights on purchasing second hand cars from independent dealer

Vehicle is a Mercedes c200 petrol 2008 70k miles on it if that helps

[ostell]

Re: Rights on purchasing second hand cars from independent dealer

Since you have had the car for less than 30 days then you write to the independent garage and reject the car as not being of satisfactory quality and not fit for purpose under the Consumer Rights Act 2015. Get that letter in the post, with free proof of posting from a post office.

There is a recent similar sort of case on the forum at the moment

Edit: Found it. This one, with a good result.

[Mason]

Re: Rights on purchasing second hand cars from independent dealer

letter posted today recorded delivery fingers crossed and thanks for your help so far

[Mason]

Re: Rights on purchasing second hand cars from independent dealer

So had a reply from the garage today, they are claiming we left the oil filler cap off and seized the engine dispite a ford garage and aa stating coolant loose cooking the headgasket. This is there response
Dear Tim


Thank you for your email.


In reply as agreed with you we had an independent report done and the report was forwarded to you, as you can see the engineer agrees that oil loss from top of the engine could be due to oil filler cap not being secured correctly. With reference to you ford technician inspection we could not find any anti freeze loss and chafed pipe can not check for leak as engine ceased. We are prepared to go to the National Conciliation Service who are an independent dispute resolution service as we feel we are not to blame for this. Also have looked in to cost of used engine approximately £1000 plus vat we are taking advise on this with a possible buy back of the car.


If you want to proceed with the National Conciliation Service we are more than willing to go through mediation please let us know which way you want to proceed.


To Contact the NCS Call: 01788 538317 or alternatively, you can write to the NCS.

[ostell]

Re: Rights on purchasing second hand cars from independent dealer

Note the "could be' with the filler cap. ie they are not certain.

Do you still have the recovery report?

[Mason]

Re: Rights on purchasing second hand cars from independent dealer

Yes recovery report from aa states 'vehicle broke down with large amounts of smoke from exhaust pipe. Oil and coolant all over engine.when engine try's to start it turns over with little or no compression

- - - Updated - - -

Also have a report from a local ford main dealing stating a coolant pipe had come unclipped and was hanging down allowing the alternator belt to make contact and cause damage, also states no coolant in header tank

[ostell]

Re: Rights on purchasing second hand cars from independent dealer

Copy those reports to the garage telling him "here are my reports". Re iterate that you are rejecting the car, and please make arrangements to pick it up and refund the money paid within 14 days as required under the CRA.

I got the dates wrong, you were past the 30 days but up to 6 months he has to show that the car was not defective. You have to give him once chance to repair. Would you be happy if he fitted a new engine, as he suggested, but with no charge.

Just post first class and with free proof of postage from a post office.

[Mason]

Re: Rights on purchasing second hand cars from independent dealer

thanks Ostell, he has a copy of the reports and has the car back with him that last email from him about the resolution centre was his response , would prefer full refund but another engine I could just sell the car I guess

[Mason]

Re: Rights on purchasing second hand cars from independent dealer

he has had a so called independent inspection done at his premises on the car that states an oil leak from the top end of the engine near the filler cap and that the car was driven with no oil and seized solid but both my reports state that the car turns over with no compression, this guy is determined to fight it

[Mason]

Re: Rights on purchasing second hand cars from independent dealer

he has had a so called independent inspection done at his premises on the car that states an oil leak from the top end of the engine near the filler cap and that the car was driven with no oil and seized solid but both my reports state that the car turns over with no compression, this guy is determined to fight it

Hi any thoughts or advice on this would be greatly received

[des8]

Re: Rights on purchasing second hand cars from independent dealer

Write back to him and point out that his own inspection report confirms there was a fault with the vehicle (oil leak from the top end of the engine) and as per Consumers Right Act 2015 it is deemed that the fault was present when the vehicle was purchased.
You therefore are giving him one opportunity to repair the vehicle.
If he declines that opportunity, or fails to repair the vehicle satisfactorily, you are exercising your right to reject the vehicle and require a refund.

[Mason]

Re: Rights on purchasing second hand cars from independent dealer

Write back to him and point out that his own inspection report confirms there was a fault with the vehicle (oil leak from the top end of the engine) and as per Consumers Right Act 2015 it is deemed that the fault was present when the vehicle was purchased.
You therefore are giving him one opportunity to repair the vehicle.
If he declines that opportunity, or fails to repair the vehicle satisfactorily, you are exercising your right to reject the vehicle and require a refund.

The garage are claiming we left the oil filler cap off and ran the vehicle out of oil yet the aa and ford garage we got to look at the car state water leak caused it to over heat

[des8]

Re: Rights on purchasing second hand cars from independent dealer

In post 5 it is stated:"the engineer agrees that oil loss from top of the engine could be due to oil filler cap not being secured correctly."
In post 10 you say the report: "states an oil leak from the top end of the engine near the filler cap "
What does that report actually state?
Could you post up a copy please?

[Mason]

Re: Rights on purchasing second hand cars from independent dealer

cant figure out how to upload report so i'll type it