Forum Replies Created
Hi Sarah. I would have thought that any dealer would run a history check on a vehicle they were purchasing as a part-exchange as a simple precaution. This should show up whether the car is a Cat C or Cat D write-off.
Assuming that you have bought his car and driven away in it, I don’t think there’s much he can do except rant and rave. He may threaten legal action, but he would have to be very confident of winning to actually try and pursue the matter in court.
Unless you have given him written advice that the car was a Cat D, which he can use as evidence that you were lying to him, I can’t see how he can try to reverse the contract now. The phrase “caveat emptor” applies to dealers as well as their customers.
Hi Nigel. It will depend on the T&Cs of your warranty. If the warranty is provided by a specialist warranty company, then usually you don’t have to go back to the selling dealer. If the dealer is warranting the vehicle themselves, they can insist that you go back there for any warranty claims.
Hi James. What you appear to be describing is called tramlining, and is fairly common although your description sounds rather extreme.
If the 19-inch wheels and tyres are wider than the 17-inch ones, then it will contribute to this issue. Plus the 19-inch wheels will have a lower profile than the 17-inch wheels (more wheel, less tyre when viewed from side on). This means that there is less tyre sidewall to absorb and cushion impacts from the road surface, so the car will jiggle around a lot more and “follow” the contours of the road.
Hi Mairead. A Category S car may be cheaper to buy, but you will also get less for it when you sell it. It will also probably cost more to insure, and you may always have a nagging doubt anytime you hear an unusual noise coming from the car.
That said, it’s perfectly legal to repair a Category S write off. It will have suffered structural damage, however, so you will need to be very confident that the repairs have been done well. If everything is done correctly, there should not be any problems with your MOT.
You will need to find out more about the outstanding finance. As part of the Category S designation, the car has been written off, so the insurance company will have paid out the market value to the owner. However, there may still be some money unpaid to the finance company. If you’re buying from a dealer, it could simply be the dealer’s own finance on the vehicle (dealers rarely own their own cars; they’re all usually on finance).
Hi Alex. No, you can’t do that (well, you can but it won’t work out the way that you think!).
When you withdraw from a finance agreement during the 14-day cooling-off period, that doesn’t cancel your purchase of the car – it only cancels the finance. Therefore, the finance company will promptly send you an invoice for the amount borrowed, since that’s the amount they would have paid the dealership.
Hi Ben. A dealer is not obliged to tell you about any repairs to a vehicle unless it is a Category C or D (now called Categories S and N) write off. That means that the insurance company has declared the car an economic write-off and paid out the power, but the car can legally be fixed and put back on the road.
If the repairs to your Fiat do not constitute that level of damage, the dealer is not obliged to disclose it. Of course, if they have advertised that the car has never been damaged, that would be a different story as it would be false advertising.
In terms of their obligation to fix the previous repairs, obviously the dealership is obliged to sell a car that is roadworthy and safe, so you are certainly entitled to pursue them to fix the car to a satisfactory level.
- 28 January 2018 at 6:36 pm in reply to: Want to return car but dealership has stopped trading #127657
Hi David. I imagine that you will have the right to reject the car, but I don’t know how you go about that with a business that is no longer trading.
You’ll need some legal advice to help you out. You can try legalbeagles.info, which is an excellent free resource, but ultimately you may well have to get your own lawyer.
- 28 January 2018 at 6:32 pm in reply to: can i cancel pcp contract if car if recalled for possible wiring fault #127655
Hi Rachel. No, it’s unlikely that you can use this as an excuse to get out of your contract.
Recalls happen all the time, and manufacturers are obliged to recall vehicles for repairs if this sort of issue occurs. As long as they sort the problem and don’t cause any damage or faults to the vehicle, that’s absolutely fine.
Hi Jennifer. If the van is used for business purposes rather than purely personal purposes, you are not covered by the Consumer Rights Act. If that’s the case, you will need to contact a solicitor to try and help resolve your issue.
Under normal circumstances, yes you would expect an engine to last longer than 84,000 miles. But without knowing the background, it’s impossible to say more.
- 23 January 2018 at 4:07 pm in reply to: SEAT warranty 8 month old car 1200miles faulty clutch #127587
Hi Kamil. Obviously, you’re entitled to a second opinion from an independent clutch specialist before simply paying up. Clutches are wear-and-tear parts, so it is entirely possible that your driving style has caused the breakage. Whether it’s likely, rather than just possible, is not for me to say.
- 23 January 2018 at 3:54 pm in reply to: Engine faulty- what’s my rights with used car dealer? #127586
Hi Tahir. I would imagine that there is something else going on behind the scenes, as any car dealer would normally be very enthusiastic about taking your money.
If you contact the sales manager to request a refund, I wouldn’t be surprised to find that your car is ready for collection very quickly afterwards. Whatever is holding things up will be rectified in a hurry rather than the dealer losing the sale.
I would suggest putting your situation down in writing so that it’s clear. Contact the sales manager and request a refund. Assuming he/she says no, get his/her email address to forward him your concerns and advise that you are formally cancelling the contract in writing. You should also contact your credit card company, as they may be able to expedite a refund on your behalf.
- 1 February 2018 at 11:55 am in reply to: Rejecting used car: how to prove that the fault was present at the point of sale #127799
Hi Jillian. The Consumer Rights Act provides a six-month window for buyers to reject the car where the law is essentially on your side and it’s up to the dealer to prove that the faults were not present at the time of sale.
Once you go beyond this six-month window, the law essentially favours the dealer and it’s up to you to prove that the car was faulty at the time of sale. Since you have now had the car or two yers and did not reject it in the first six months, despite claiming that it had significant faults during that time, it makes it much harder to try and reject it now.
Realistically, you will need to engage a lawyer to represent you and work through your correspondence with the dealer dating back to when you first had problems. They may be able to find a way that allows you to reject the car, although the dealer will still be entitled to reduce the refund amount significantly since you have owned the car for more than two years now.
However, there is no guarantee that you would win or get back enough to cover what you’ve spent on legal costs.