welp, we all get caught out some time

[adolf hamster]

so some of you might know i recently grabbed myself an old mr2 for a bit of back road blasting.

now for a 2001 car with 130k miles i wasn't exactly expecting gold standard, and little niggly issues like the central locking not working right and the soft top being in horrible nick under the hard top are fine.

however, quell surprise when i took her in for some new tyres and a wheel alignment (force of habit) and we notice some nasty hidden issues.

for starters there's a water leak, and a power steering leak, and an exhaust leak (although tbf it does make it sound good), but the icing on the cake is there's also a fuel leak.

there are some other problems, although they're forgivable given what it is.

needless to say this goes slightly beyond what you'd expect for a car that has done a mere 150 miles since its last mot (note that most of those were me).

so ocuk, what would you do?
1. let the dealer fix it (knowing he was happy enough to mot and then sell it in that condition)
2. get quotes from a garage i trust and send him the bill
3. ask for my money back (which given it's been less than 30 days i'm legally allowed to do) plus the money i spent on tyres.

 

[adolf hamster]

Ask dealer to fix, but give notice that not fixed appropriately you'll be rejecting the car - so at least you have it in writing within the appropriate period.

well i don't want to drive it with the fuel leak- says a lot when i rang the mot centre to check the certificate was valid (it was), and they pointed out they wouldn't even let it into the test like that. rang the dealer and he said to get a quote for that from my local before going further.

atm i'm leaning towards option 3, although i'm worried it might have to go right down the legal rabbit hole to acheive that

 

[adolf hamster]

Just reject then... might be a bit of a pain.

Make sure you get a full and detailed report of the issues from the guys who looked it over. Keep their invoice too as you can get the dealer to pay that.

As they're dangerous faults (fuel leak)... you can easily go straight for the rejection route.

https://www.honestjohn.co.uk/news/l...eed-to-know-about-your-right-to-reject-a-car/

https://www.directline.com/car-cover/know-your-rights-when-rejecting-a-new-car

i have a report from the garage for the serious faults (there are others but they're what i'd consider to be reasonable for the age/milage) but i suspect this guy might want to hardball this given his first reaction was "well the bm you traded in had some scratches" which given i knew damn well what the paint was like when i sold it (having hand washed it with 2 buckets and a microfibre cloth for 2 years) and it's nothing.

i'll get a quote from my local for all the serious work that needs done then i'll start with the email corresponance just so i have a paper trail if needs be.

 

[adolf hamster]

That sounds like a right lemon

You might have a bit of hassle now but better that you can reject than it to throw all this up in a years time.

true, at least it's within 150 miles and 30 days, i just hope i don't have to go to small claims because that's gonna be a hassle.

@Acme will have if off you I'm sure.

£2k, 1 careful lady owner.....

Should have gone with the MG

i know, the irony is beautiful.

funny from the outside it didn't seem to bad, was only on the ramp was it really noticable.

@EVH i was wearing braces, they didn't help

 

[adolf hamster]

Be prepared for 'it's and old car with high mileage' comments. You're within your rights to reject assuming they're not cheap and simple fixes (if they are then I'd I'd just fix them).

The dealer will know about the issues and most likely will not refund. Even if they offer to fix you'll end up with it being a hassle I reckon.

He's already started down that line, there's a limit to the things can be explained by the age/milage, but i draw the line at fuel leaks.

Hopefully he'll fold without having to go too far.

 

[adolf hamster]

Have you driven it much since alignment?

Ultimately if it's going to go to court you'll need as much evidence as possible. Receipt from alignment place and a diagnosis in written form from another place as a minimum. Milage logged at each step.

Possibly put it through another MOT check?

Sounds like you know what you're doing though.

Was it sold with any sort of 'warranty'?

Its done 150 miles since its mot in febuary, most of those were mine and i have it recorded on the report from my garage they didnt go ahead with the wheel alignment as one of the issues was the toe arm bolt was rusted bad enough it'd break if they forced it. Given it isnt going to see any road time until its being taken back/repaired theres also the clock milage to go on.

Warranty is kind of irrelevant given i've had this thing 4 days and this has turned up, although it was advertised as a 3 month warrenty.

I dont trust him to fix it though, given he was happy enough to sell it in that condition.

 

[adolf hamster]

I suspect the fuel leak was only an issue after tank had been filled, hence why the mot/myself didnt pick up on it.

It is common practice for dealers to leave their cars near empty to stop folk stealing the fuel.

It is a big deal though, i sure wont be driving it anywhere except to a local garage (ie not way back down to the dealer) to get that leak sorted properly.

 

[adolf hamster]

well, sent off an email to him today, unfortunately they have one of those "email us" forms with a character limit so i'm relying on him to reply for me to be able to send him the full complaint in writing.

i'm suspecting he's going to play hard ball, so i guess next on the list is following which's guide and getting the ombudsman informed and then a solicitors letter.

still waiting on a full quote from my garage for the work, not that it matters that much, but at least its something extra.

 

[adolf hamster]

I'm asking for my money back, if he was happy to sell the car in that condition then i dont trust him an inch to fix it properly.

I did ring him and his response was "i can put a dab of weld on the exhaust but wtf do you expect me to do?", Seemed totally blase about the fuel leak.

Complete cowboy, best he can do is give me my money back without a fight.

 

[adolf hamster]

When I said fix it, I meant the problem not the car as the decision has already been made to reject it.

Then I agree you’ve had the conversation and he was blasé abouse it so next step is to put it formally to him.

But just jumping straight to formal proceedings normally isn’t the right way to go and never gives you the option to just settle the matter civily in the first place. Not all 2nd hand car dealers are crooks.

True true, but this guys attitude definately doesnt do him any favours. Guess its hard to put in context over the internet but if you'd heard the phone call you'd know

 

[adolf hamster]

well, he replied, so at least now i can get a formal correspondance chain started.

not sure where i stand on asking for money on the tyres i fitted, but i suppose it's less important than getting the money for the car.

 

[adolf hamster]

well, he's agreed to a refund but he's insisting i bring the car back.

given it doesn't technically have a valid mot and isn't safe to be driving on the road am i allowed to insist he collects it? or do i have to start searching my contacts to see if i can get my hands on a trailer

 

[adolf hamster]

If he's sold you an undriveable car then he should be covering the recovery tbh. It's not your fault it has left you stranded.

I'd agree, and i'd also like me money back for the tyres, but i need to be absolutely sure where i stand legally

 

[adolf hamster]

Dealer would be liable to pick back up, but depends if in the eyes of the law he is truly considered a dealer or not where the water gets murky sometimes - ie if he's a driveway does it on the weekends type it may not be that straight forward. If he has a proper premises etc though I'd just quote the Consumer Rights Act 2015 which gives you 30 days to reject and leaves him liable to collect the car iirc. Doubt you'll see anything back for the tyres mind.

He's trying to peddle himself as a proper dealer so he's screwed there. Checked with citizens advice and they agree with what you've said- that he's liable for costs for recovery but the tyres will be a sticking point.

I've had a chat with the garage that put the tyres on and theyre gonna see if they can collect together some cheap tyres to put on it (which will be no worse than the condition i bought the car in) so at least i can sell the good ones on gumtree and recover some of those costs. Otherwise i'll just have to write that one off.

 

[adolf hamster]

well, tomorrow is going to be interesting.

managed to arrange transport to get the car towed back down for £50, which is extremely reasonable, rang him up to confirm and to quote his words "i'll tell you now i ain't paying for the transport"

sneaky *******, the sensible part of me is thinking i should just get the money and leave it, the not so sensible part of me is thinking money be damned take the ****** to court just to teach him a lesson.

 

[adolf hamster]

Screams professionalism

he's a total snake, my sense of injustice has been well and truly triggered.

 

[adolf hamster]

think I might take a witness to the meet, or record with mobile, plus syphon your petrol.

there will be a non-family witness at the meet, as its his landy that'll be towing it down.

i'd siphon the petrol if it hasn't all leaked out by now....

 

[adolf hamster]

well, returned it yesterday, the usual "i can't see a fuel leak", probably because it's leaked out all the fuel over the past couple of weeks.

still, he gave me my money back and hopefully this cheque doesn't bounce so i can put this whole business to bed.

 

[adolf hamster]

You accepted cheque? What are you going to do if it doesn't clear

the same thing as i'd have to do if he refused to give me anything- take him to small claims. it'll be a hassle but i'll go there if i have to.

except now i have written proof that he agreed to refund the money and a firm date as to when it was issued as i lodged it the same day.

hopefully he's got the message already that i'm not going to back down until i get my money and agrees with my feelings that getting this over and done with quickly is the best outcome.

 

[adolf hamster]

Will you do the right thing now and buy an mx5 ?

maybe, kinda been put off the notion of a cheap sports runabout for a while. think i'll wait until i can afford to go a bit more upmarket and have nicer examples to choose from.

i don't think there's anything wrong with the mr2, it was just a particularly bad example.