Purchased a lemon , any comeback?

Soldato
Joined
7 Nov 2006
Posts
6,113
Location
Nottingham
Hello, my girlfriend passed her test on Friday and i wanted to surprise her with a car. She wanted a Mini so i had a look on auto trader and found a garage that had a 2003 model for sale for £2000 with 1 owner from new, 12 Months MOT ( MOT'd the day before i paid for it) , Service history and 78,000 miles on the clock. I went and had a look at the car on Friday and cosmetically the interior and exterior looked in good condition for the age. I asked if there were any problems with it and they said no. So i agreed to purchase the car and paid with my card and arranged to have them deliver it today.

So the car arrives and from the beginning it was a disaster. The delivery driver thought i had a drop kerb as we have just had block paving put down and drove into the kerb virtually head on. It made a bang and a scraping sound. I had a quick look and i couldn't see any scarpes to the paint work, the guy then quickly apologized, gave me the key and left. After having a bit more time and when it had stopped raining i had another look and noticed that it looks like its pulled the bumper out of alignment. On the left hand side there is virtually no gap in the panel and on the side were he hit the kerb first you can fit your finger between the panel. Now i cant be certain that this panel gap was there before or not but i know this event certainly didn't help.

Once the guy has left i get in the car and start it up and the exhaust sounds loud. I leave the car running for maybe 2 minutes and switch the engine off and the engine fan comes on. It sounded very loud. Id say it was comparable to being next to a hair dryer loud. So loud i could hear it from in the house. now obviously concerned i go back out to the car and open the bonnet to check the fluid levels, as soon as the bonnet pops open the alarm goes off. So i press the button on the keyfob.... nothing, i run inside and grab the spare key... nothing. The central locking / alarm doesn't work from either. The only way to stop the alarm is to close the bonnet. I use the physical key to lock the car and it locks the central locking. I then use the key to open it again and unless you instantly put the key in the ignition the alarm goes off. So the car is basically unusable as you cant have the alarm going off everytime you open the car , pop the bonnet or boot.

I phoned my mechanic to come and have a look to see if he can sort the alarm. So he comes out and tells me the following.

He can hear the central locking trying to lock when he presses the fob so it could be the receiver in the car which is faulty.

The exhaust looks like it has basically snapped and the backbox is being held on with a shed load of exhaust putty and he isnt sure how it would have passed the emissions test. Its blowing and has virtually no back pressure ( or something like that) I will require a full new exhaust.

There was no water whatsoever in the engine and the oil was on the minimum line. ( they drove the car 2 hours to deliver the it )

There is a leak which looks to be the power steering.

The battery is either on its way out or there is an electrical fault as when you turn the car on the clock resets its self, central locking doesn't lock every time and the interior light doesn't go off every time.

Aircon doesn't work.

He lifted the boot carpet up and all the tools which come with the car are all very rusty so it could have or might still have some sort of leak through its panoramic sunroof.

The rear window wiper doesn't go back down when you turn them off it just stays in the middle of the window. (Not sure if this is normal)

The front brakes have gone down to the metal and would not have passed the MOT. Here is an example of one of them , baring in mind it passed on Thursday with no advisory for the brakes.

https://imgur.com/YORSIj9


So yeh i am a massive idiot and there were plenty of opportunity i could have done something different but i didn't as i was to excited for my girlfriend and seeing her face when i picked her up from work in it.

BUT do i have any comeback? I asked the dealer if there were any problems and they said no and it didnt mention any in the ad. But 2 of those problems, the central locking and the exhaust easily disprove that as one they attempted to cover the exhaust problem and the other its impossible for them not to know that the central locking doesn't work. The car could also potentially have a fudged MOT due to the brakes and the exhaust? not to mention all of the other things. After having the car 1 hour i phoned up the garage and said im not happy with the car. The guy on the phone said he would get the boss to ring me later. He never did but it has only been 5 hours.


TLDR - I'm an idiot
 
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Soldato
Joined
4 Aug 2005
Posts
3,340
Get it MOT'd somewhere else and when it fails return the car; If they give you any crap tell them you will be reporting their fraudulent MOT as part of your complaint.
 
Soldato
Joined
22 Nov 2006
Posts
23,390
It's illegal to sell an unroadworthy car without advertising it as such, so yea...

Sounds like a dodgy MOT on it as well and they do throw the book at garages caught for that. Take pictures.
 
Soldato
Joined
13 Nov 2006
Posts
23,992
Get an independent party (such as your mechanic) to provide an official statement/invoice of the issues and cost of repair. You'll need it if this ends up going to small claims. Do this before your next move, it's essential to prove the condition of the car, do it sooner rather than later.

You have a 'right to reject', the law is on your side but you must gather as much evidence as possible. Chances are the dealer won't want to issue a refund.

Note: you don't have to give them an opportunity to fix it. Don't just take my word for it, research online, the information is all out there. Search for a thread I started a year or so ago.

Don't be too hard on yourself, car dealers are experts at hiding faults...
 
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Soldato
Joined
1 Mar 2010
Posts
21,923
if it was a credit card can they intervene ?
the 2 hour drive, obviously seems problematic for any return if its not roadworthy
 
Caporegime
Joined
19 Apr 2008
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26,272
Location
Essex
Phone first thing in the morning and make sure they don't send V5 back, make them pick it up even if it costs you the delivery charges. Looks and sounds like a complete lemon.
 
Soldato
Joined
5 Mar 2009
Posts
3,050
Location
North
The information I read when I was returning a vehicle within the first 30 days said you should stop using it a soon as you realise there is a fault. It may be that they also have to come and collect it. If you paid by credit card and the dealer gets troublesome, you will also have that on your side, section 75 or something.
 
Soldato
Joined
9 Apr 2007
Posts
13,571
So the test drive you gave it was okay?

But yes just phone and say you don't want it and want a full refund. Well within your rights.
 
Soldato
Joined
18 Oct 2012
Posts
8,333
Get an independent party (such as your mechanic) to provide an official statement/invoice of the issues and cost of repair. You'll need it if this ends up going to small claims. Do this before your next move, it's essential to prove the condition of the car, do it sooner rather than later.

You have a 'right to reject', the law is on your side but you must gather as much evidence as possible. Chances are the dealer won't want to issue a refund.

Note: you don't have to give them an opportunity to fix it. Don't just take my word for it, research online, the information is all out there. Search for a thread I started a year or so ago.

Don't be too hard on yourself, car dealers are experts at hiding faults...

absolutely this, get the evidence and decide if you don't trust them to fix it then ask for a refund, but be sure you have evidence in case they don't cave in for a refund. the quicker you get evidence the less they can argue it's anything to do with you using it.

i wouldn't beat yourself up about it, a lot of issues can be well hidden.
 
Associate
Joined
1 Jul 2011
Posts
1,728
I believe the law is now that if you took it for another MOT and it failed you are not allowed to drive it until the problems are fixed, your seller would have to pick it up on a low loader from the MOT station
 
Soldato
Joined
9 Apr 2007
Posts
13,571
Another important question to ask is why/how you didn't see or realise any of these faults when you viewed the car? Did you even test drive it?
That's what my thoughts were, low oil and such would be obvious, as would alarm going off when you open the bonnet, keys not working as well, AC. Sounds like absolutely nothing was checked.

But you really shouldn't need to, if you ask them is anything wrong and they say no there shouldn't be a huge list of issues. You could argue a call to the police is in order for fraud. They give the trade a bad name.
 
Soldato
Joined
14 Jul 2005
Posts
17,615
Location
Bristol
I believe the law is now that if you took it for another MOT and it failed you are not allowed to drive it until the problems are fixed, your seller would have to pick it up on a low loader from the MOT station
Depends entirely on the failure reasons and it's actually hardly changed, you couldn't drive away if it had a major fault before either, they've just clarified what constitutes a dangerous fail.
 
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