Car purchase gone wrong….

[Felon]

Yeah I mean I'm not actually sure what it is..

When I limped back on Friday, it's a very loud whoosing sound coming from the bonnet when applying power, with a horrendous misfire - like the car lurching forward then almost cutting out completely, only just managed to make it back. Engine RPM was limited to about 1500-2000 and I managed about 10-15mph..

I had a look under the bonnet and visually checked all the hoses I could see, intercooler hoses and stuff all looked okay - but I couldn't see down to where the turbo is and I'm obviously not touching *anything* or even attempting to fix it...

My experience with cars, is that this sort of stuff generally tends to be very expensive, and once something like this breaks, it tends to be one thing after another... (that's my personal experience, I have no doubt other people's experiences differ)

 

[[TW]Fox]

What is the age and mileage of this car?

Trying to understand whether this is the sort of thing that would be a fairly common thing to go wrong given the age and mileage of the car (could you find that the next one you get has a similar chance of a similar issue after you buy it?) or whether it's something that would be quite unusual if the car is particularly new.

 

[Felon]

What is the age and mileage of this car?

2014, 70k miles.

 

[sigma]

It’s a matter of confidence really.

For a failure like this to occur after 6 days - I just don’t want it, I have no confidence in it.

I want to do what’s best for me and just return it, without any hassle.

If it helps, a friend bought an oldish Mercedes C class which had pretty substantial part changed under the selling dealers (not a big chain) 3rd party warranty. Much like yourself I was expecting him to have many issues but in fairness the car has been fine ever since. I was surprised the dealer and warranty paid out for it and the process all went very smoothly.

I appreciate that's only an anecdote but sometimes these things can work out well.

 

[sigma]

Okay, well I'm not going to strongly debate against you or anyone else in this topic as I merely shared some points that (to me) could be helpful. I'll sit back and watch the story unfold instead and wish the OP good luck. Maybe I'll learn something....who knows.

It's best if you read up on the law if you want to better understand the consumer rights associated with second hand car buying.

 

[Scuzi]

Is it a D5? They are known for blowing off PowerPulse pipes in quite a dramatic fashion. Easy fix (just replace the pipe) as long as the cause was a degraded pipe. If the cause is consistent over pressurisation then it does get more complicated.

 

[Gaygle]

2014, 70k miles.

Oh right - from the talk of going through a broker, trading in a M240i and that you have now already bought another car that is 2 years old - I had in my head that it was going to be like 2-3 year old one with low miles

As it's an old XC90 - I'd not blame you for looking for an excuse to get out of it!

 

[Felon]

As it's an old XC90 - I'd not blame you for looking for an excuse to get out of it!

To be honest, I know that the D5 is a good engine, my dad had one and did 250k miles without a problem... So it felt fine to me at the time... Hence now - if a vehicle of that type is breaking like this at 70k miles... I don't trust it.

To your point, if it was a 2-3 year old one, it would still likely be covered by manufacturer warranty, so I'd have a lot more in the way of confidence there.

Is it a D5? They are known for blowing off PowerPulse pipes in quite a dramatic fashion. Easy fix (just replace the pipe) as long as the cause was a degraded pipe. If the cause is consistent over pressurisation then it does get more complicated.

The problem is, if I'd have been 10 miles away when it broke down I'd have had the AA fix it on the spot (if possible) or take me to a garage to get it diagnosed and then I'd have made a decision...

The actual fact is, I limped back home where it's sat on my drive and nobody is currently looking at it, so it's awkward in that sense.

In any case, I'll be making a bunch of phone calls tomorrow, I'll start off with the broker first thing, then the finance company and we'll go from there.. Apparently the garage is calling me tomorrow, but I'll let the finance company dictate proceedings, as they're the ones who've paid the dealer for what is essentially a faulty product.

 

[BUDFORCE]

You need to consider that a vehicle in perfect condition at the point of sale can just have a serious unexpected failure a day later.

Its not impossible, not sold knowing any issue.

I'm not saying don't go get it sorted, absolutely go get it sorted, but just keep it in mind not necessarily anyone was out to get you, these things can just happen.

 

[Facemasker]

If you buy a washing machine from a shop and it breaks in 6 days - you have the right under section 20 of the CRA to reject it outright and get a refund, this applies to literally anything you buy from a shop in person or car dealership (online purchases, or distance sales have some slightly different rules I think)

I’ve got no experience with legal standing when it comes to buying 2nd hand/used goods pal so regardless of if it’s a car, washing machine, or a sandwich toaster, I still think you’re screwed in terms of legalities around “return item/full refund/walk away from a sales contract” despite all this “30 day” blurb I’m reading in this thread that could be true about 2nd hand stuff that you have actually used for a period of time in good working order, but that then suddenly developed a fault. I know for sure though that if I agree to sell something to someone that is old and used, and especially a vehicle that is 9 years old with 70k on the clock, I would make sure it was clearly on a "sold as seen-described/no returns/no refunds/no claims" contract basis that the buyer signed and I had a neutral witness present to the signing.

I always buy my vehicles new, 3-5 year warranties, and I get rid of them at the end of the “manufacturer” warranty or at 100k (whichever comes first) so a situation like yours is something I'm not ever likely to get mixed up in.

I’m not going to post again in this topic but I’ll keep reading to see if I can learn something from the 2nd hand car market.

Sigma and Gaygle seem to be the “go-to” guys that have all the answers you need.

 

[Facemasker]

This is where I stopped reading, lol!

Well that's just you being flippant and smarmy pal.

When you've taken a new vehicle for it's first MOT at 3-4 years old and the main dealer says they won't give you a pass without an un-needed steering rack replacement, full clutch and gearbox change, plus all the other minor stuff like pads/discs/bulbs/tryes/broken wing mirror glass etc, and you were naive enough to get blagged into paying a bill that totalled nearly 8k in parts and labour like I did a long time ago (under duress)...you might not be so ignorant or quick to ridicule me.

Thankfully, I received legal advice after getting the vehicle back and managed to reclaim 50% of the repair bill...but it took 8 months and a load of hassle to sort out.

 

[Deleted User 298457]

Well that's just you being flippant and smarmy pal.

When you've taken a new vehicle for it's first MOT at 3-4 years old and the main dealer says they won't give you a pass without an un-needed steering rack replacement, full clutch and gearbox change, plus all the other minor stuff like pads/discs/bulbs/tryes/broken wing mirror glass etc, and you were naive enough to get blagged into paying a bill that totalled nearly 8k in parts and labour like I did a long time ago (under duress)...you might not be so ignorant or quick to ridicule me.

Thankfully, I received legal advice after getting the vehicle back and managed to reclaim 50% of the repair bill...but it took 8 months and a load of hassle to sort out.

I will ridicule anyone stupid enough to pay 8k to get a car through an MOT if the net present value does not exceed 8k.

 

[Semple]

Oh right - from the talk of going through a broker, trading in a M240i and that you have now already bought another car that is 2 years old - I had in my head that it was going to be like 2-3 year old one with low miles

As it's an old XC90 - I'd not blame you for looking for an excuse to get out of it!

That was my first thought too. An 8 year old car, could we'll have had the turbo on its way out along with various other expensive repairs, so probably a good thing to get shot of now. You'd have been pretty ****** off if it did this in 6 months time.

 

[Felon]

That was my first thought too. An 8 year old car, could we'll have had the turbo on its way out along with various other expensive repairs, so probably a good thing to get shot of now. You'd have been pretty ****** off if it did this in 6 months time.

To be honest, I've had my fair share of expensive new cars, and in the near future I'll be getting a large dog, I also do a lot of fishing (and I mean a lot!) so I don't want to be buying a new expensive £40k SUV that I can get all my gear in and a dog as it'll just get ruined.

I thought - If I go for an older one with a good service history and buy it on finance (I paid £14k for this one), get it kitted out with mats and stuff for all the gear, etc - it should be a relatively safe bet for a while..

In a way I am glad it's broken really quickly lol, as I have the entire CRA section 20 to fall back on..

New vehicle is 18 months old with 13k miles on the clock, (Vauxhall), so a much safer bet, it has about 18 months manufacturer's warranty left on it and i'm getting it from a main dealer.

 

[Felon]

Garage called this morning,

Dealer was angry at me for not speaking to him first (as I originally spoke to the broker on Friday), he then said that I can't "just reject" the vehicle, and that the 14 day cooling off period doesn't apply to me, because I can't prove the fault was there. Also I can't just reject the vehicle without giving them a chance to fix it.

I explained to him that I'm not changing my mind under the 14 day cooling off period, I'm exercising a section 20 CRA right to reject due to it being faulty, and I don't need to give any opportunity to fix - I can just reject it outright and that's basically all there is to it.

He then replied "ok fine, let the finance company deal with it".

So I spoke to the broker this morning and their specialist returns/rejections guy, they're basically saying I'm 100% correct, as far as my rights go, they're going to handle the rejection themselves and they're also going to reimburse me for my hire-car costs.. They're saying it should be an open shut case..

 

[Von Luck]

I don't think failure of random minor consumable parts like turbos

In what fantasy land is a turbo considered a 'minor consumable'?

"Minor service: oil change, top up the coolant.....oh and swap out the turbo while you're at it"

 

[bazzabear]

I know for sure though that if I agree to sell something to someone that is old and used, and especially a vehicle that is 9 years old with 70k on the clock, I would make sure it was clearly on a "sold as seen-described/no returns/no refunds/no claims" contract basis that the buyer signed and I had a neutral witness present to the signing.

I don't want to join the pile on, but this sentence I'm afraid confirms that you're out of your depth on this subject. What you have described there is specifically not possible for a car dealer to do. And even if they did, it would not be legally binding. As a private seller, you might be able to get away with this. But as a dealer you absolutely can't get the customer to sign away their legal rights.

 

[Deleted User 298457]

I don't want to join the pile on, but this sentence I'm afraid confirms that you're out of your depth on this subject. What you have described there is specifically not possible for a car dealer to do. And even if they did, it would not be legally binding. As a private seller, you might be able to get away with this. But as a dealer you absolutely can't get the customer to sign away their legal rights.

Check his other thread whining about people writing reviews about his business and how he wants to stop it from happening and you'll complete your understanding of this plonker.

 

[Felon]

But as a dealer you absolutely can't get the customer to sign away their legal rights.

Yeah I mean this has always been my understanding, the entire point of having statutory rights, and things such as the CRA - exists precisely to stop rogue traders, or whoever, from selling known, knackered goods to the public. Then eliminating any chance of recourse because the customer signed some vague document with 1000 lines of small print which tells them they can't return anything.

*For the record, I don't think the dealer I bought the car from is a rogue trader in any way, I think this is a legit failure that just occurred,

 

[Worthy]

To be honest, I've had my fair share of expensive new cars, and in the near future I'll be getting a large dog, I also do a lot of fishing (and I mean a lot!) so I don't want to be buying a new expensive £40k SUV that I can get all my gear in and a dog as it'll just get ruined.

Haha, I did the same. Sold my old A4 that I had no issues dumping all my tackle in the back - did me proud. Changed it for a new car and then went fishing about 3x in the years that I owned it because I didn't want to get it dirty inside.