Buying from a dealer - not helping with fault

Peerzy

Peerzy

Peerzy

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Was speaking to a friend last night who's just graduated, got a job and a long drive and went and bought himself an Audi A3. I'm not sure how old it is but it's the current shape and will be older than 3 years, he purchased it from a 'garage in Epsom' which makes me think just your bog standard side of the road car dealer and not an Audi dealer.

He's only had it less than a month and told me it needs £840 worth of work doing to it, he said the warranty company are refusing and it's a nightmare. I assume that the garage that's sold the car has basically slapped a year long AA warranty on it or something to cover themselves for most things.

He was asking for some advice and I'm thinking that he should stop arguing with the warranty company and take it back to the garage, start talking about that law that means they've gotta cover him for 12 months unless they can prove the £840 worth of work is new within the last month.

Let the garage argue it out with the warranty company, but either way they need to sort the car for him, correct?

So any advice and anyone got a link to the correct bit on the trading standards website? I can't seem to find the exact paragraphs he should be using. Also recon it's worth him giving trading standards a call and getting them involved. He just wants it all fixed with the least amount of aggro as he's just started his new job and wants to concentrate on that.
 
Sales Of Goods Act.

Fault is responsibility of the dealer for the first 6 months unless they can PROVE (In court) it was not present when sold otherwise law assumes fault was present at point of sale. After 6 months it is responsibility of the customer to prove it was present at sale.

Unless they can prove it was not a fault present at sale then dealer is responsible for all costs. You may need to go to court to sort it however.

You also have the option to reject the car as not fit for purpose and get your money back. To do this you must however give the dealer a "reasonable" time to rectify the fault. Once they have ignored all chances to fix it then write a letter and send by special/recorded delivery advising them that you have rejected the car under SOGA as not fit for purpose and they need to collect it at their cost and refund your (friends) money. Give them 7 days to comply before further action. If they fail to collect and refund then send an LBA (Letter before action) which offers them a further 14 days to comply prior to legal action. You would then issue court proceedings through Small Claims (Sub £5k claim) or County Court. All fees payable by you up front but then added to successful claim.

IF YOU REJECT THE CAR YOU CANNOT USE IT FOR ANY REASON!! Record the mileage in the letter and ensure it does not change.

Further advice through www.consumeractiongroup.co.uk who helped me with a claim for £300 on a failed wheel bearing after 2 months of ownership. I got it all fixed FOC.

Also if the car is on finance tell the finance company immediately as they can put big pressure on the dealer to settle and sort it.

I have documents somewhere outlining the guidelines for dealers etc in regarding to SOGA. Trust email if you would like them.
 
Bit useless without context, if he's gone out and paid way under book for this car then it's probably not a surprise it needs money throwing at it.

The 'work' could just a new cambelt and some tyres - something he should've checked before buying it.
 
The only thing he's said is it needs the money spending on 'the brakes'. No idea what parts, it wasn't an OMG CHEAP DEAL from what he's said, just appeared a regular car from a regular local indy dealer.
 
When was the MOT? I had an advisory once saying my rear pads were wearing thin and the guy said I had probably 1000 miles left in it. Within a week, it was grinding on the disc. It's possible it could have passed the MOT and they've gone since. I'd be shocked if brakes would be covered by warranty. If you're talking seized calipers, maybe, but I'd still be surprised.

Depending on the model, a 2009 A3 1.8 (for example) complete set of pads and discs can be had for under £300 and fitting is around 2 hours. I'd love to know what parts they are using or the labour costs involved.
 
£840 just for brakes? Even if it needed new discs and pads all round that seems to be a lot. What A3 is it?
 
Lucero said:
When was the MOT? I had an advisory once saying my rear pads were wearing thin and the guy said I had probably 1000 miles left in it. Within a week, it was grinding on the disc. It's possible it could have passed the MOT and they've gone since. I'd be shocked if brakes would be covered by warranty. If you're talking seized calipers, maybe, but I'd still be surprised.

Depending on the model, a 2009 A3 1.8 (for example) complete set of pads and discs can be had for under £300 and fitting is around 2 hours. I'd love to know what parts they are using or the labour costs involved.
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Surely to sell a car that within a few weeks would need £840's worth of work done to the brakes and just sell the car anyway is against some sort of SoGA? It's not just 1 tyre getting close is it.

Could he not start talking about rejecting the car, the dealer has clearly hid from him all this work and the car isn't safe or drivable in less than a month after the purchase date.

Jono8 said:
£840 just for brakes? Even if it needed new discs and pads all round that seems to be a lot. What A3 is it?
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Matt82 said:
£840. RS3 maybe, but not an A3...
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Waiting for him to get back to me - he's busy at work but all I know is he said he needed a diesel as he now drives from Woking to Reading each day.
 
Did you get the documents I sent across? He has every right under SOGA to reject if the dealer is not willing to rectify the fault. SOGA does not require you to be a mechanic and be able to to diagnose every fault prior to purchase and selling a car with a known fault and not displaying it clearly and advising the buyer means the buyer is covered under SOGA. He bought the car in good faith. If it is a mechanical issue even down to an excessively worn part that should have been changed prior to sale he is covered. Wear and tear that should have been checked (tyres, brake discs and pads, petrol etc wont be covered)

The dealer must prove the fault was not present at point of sale. Unless he has a very comprehensive pre-sale independent inspection then it would not stand up in court. Get you mate to write the letters I sent advised in my email and get started on the track to reject the vehicle. The dealer does not want to fix it so make him take it back and get the money back.
 
ShadowMan said:
Did you get the documents I sent across? He has every right under SOGA to reject if the dealer is not willing to rectify the fault. SOGA does not require you to be a mechanic and be able to to diagnose every fault prior to purchase and selling a car with a known fault and not displaying it clearly and advising the buyer means the buyer is covered under SOGA. He bought the car in good faith. If it is a mechanical issue even down to an excessively worn part that should have been changed prior to sale he is covered. Wear and tear that should have been checked (tyres, brake discs and pads, petrol etc wont be covered)

The dealer must prove the fault was not present at point of sale. Unless he has a very comprehensive pre-sale independent inspection then it would not stand up in court. Get you mate to write the letters I sent advised in my email and get started on the track to reject the vehicle. The dealer does not want to fix it so make him take it back and get the money back.
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Yeah I did thanks, I sent him the official document you included with the page reference to look at and then explained everything.

I think at the moment all he's done is phone up the warranty people (one of those AA warranties or something) and they've rejected it and he's arguing with them - when he needs to get down to the dealer and using the SoGA.

I probably won't hear from him for a few days though. he's mega busy at work and will need to find the time to get onto the dealer.
 
Peerzy said:
Surely to sell a car that within a few weeks would need £840's worth of work done to the brakes and just sell the car anyway is against some sort of SoGA? It's not just 1 tyre getting close is it.

Could he not start talking about rejecting the car, the dealer has clearly hid from him all this work and the car isn't safe or drivable in less than a month after the purchase date.
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Why dont you tell us whats wrong with it? If the engine has exploded he can reject it, if it needs new super expensive brake pads and a few tyres he can't, so it kinda matters what the problem is before we can give advice!
 
Brakes is something you check when inspecting the vehicle. If they need doing, are borderline, then you work it into the deal. Same with tyres.

If it's a fault with the brakes that doesn't show up visually (i.e. warped discs or something) then I would guess that would come under Sales of Goods. So he'd be okay.
 
[TW]Fox;20336378 said:
Why dont you tell us whats wrong with it? If the engine has exploded he can reject it, if it needs new super expensive brake pads and a few tyres he can't, so it kinda matters what the problem is before we can give advice!
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I don't know the exact fault - otherwise I would have said. To quote the text he sent me "The car's good other than it needs about £840 of work done to the brakes system which I'm current arguing with the warranty company over!".
 
"Brake system". So could be something to with the ABS e.t.c? I would have thought in that case he could get the dealer to take care of it?
 
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